La Puente Municipal Code Art. II Adult Entertainment Regulatory Permit

No person shall operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains and continues to maintain in full force and effect, an adult entertainment regulatory permit issued pursuant to Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 3 (part), 1999)

(a) The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment regulatory permit for such business. The owner shall not be eligible to obtain an adult entertainment regulatory permit unless the owner is at least eighteen years of age.

(b) The applicant shall submit an application form as required in Section 5.08.030(a) of this title which is signed by: the applicant; and the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult entertainment business is to be conducted. In addition, the applicant shall submit the following:

(1) Identification:

(A) If the applicant is an individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is eighteen years of age;

(B) If the applicant is a partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

(C) If the applicant is a corporation, the corporation shall state its complete names, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process;

(D) If the applicant intends to operate the proposed adult entertainment business under a name other than that of the applicant; he or she must state (1) the adult entertainment business’s fictitious name and (2) submit the required registration documents.

(2) The applicant’s fingerprints in the manner prescribed by the Los Angeles County sheriff’s department. Any fees for the fingerprints shall be paid by the applicant.

(3) Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant’s face. Any fees for the photographs shall be paid by the applicant.

(4) A letter of justification that describes the proposed adult entertainment business and how it will satisfy the requirements of this chapter.

(5) A site plan depicting the building or unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this chapter and a diagram of the off-street parking and landscaped areas.

(6) A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

(7) A nonrefundable application fee in an amount set by resolution of the city council.

(8) A list of business names and addresses of similar types of adult businesses presently or formerly operated.

(9) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

(10) Whether the applicant, or a person residing with the applicant, has had a previous license or permit under this chapter or other similar adult entertainment business ordinances from another city or county denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this ordinance whose permit has previously been denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(11) Whether the applicant or person residing with the applicant holds any other licenses or permits under this ordinance or other similar adult entertainment business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

(c) If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 788 § 3 (part), 1999)

The director shall deny an application for an adult entertainment regulatory permit for any of the reasons specified in Section 5.08.060(a) this title and for the following additional reasons:

(a) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application.

(b) The applicant is under eighteen years of age.

(c) The proposed business does not comply with the location criteria of Section 5.12.070 of this chapter and in Chapter 10.62 of this code.

(d) The applicant proposes to conduct more than one type of adult entertainment business, as such types are defined in this article, within a single building, structure or facility.

(e) The proposed business does not comply with the design standards set forth in Section 5.12.080 of this chapter.

(f) The proposed business does not comply with the applicable development standards set forth in this chapter and in Chapter 10.62 of this code.

(g) The applicant has had a prior adult entertainment business permit revoked by the city within the previous calendar year.

(Ord. 788 § 3 (part), 1999)

(a) No person shall operate an adult entertainment business under the authority of an adult entertainment regulatory permit at any place other than the address of the adult entertainment business stated in the application for the permit.

(b) No adult entertainment regulatory permit issued pursuant to this chapter shall be transferable.

(c) Any attempt to transfer an adult entertainment regulatory permit is hereby declared invalid and the permit automatically shall become void effective the date of such attempted transfer. “Transfers” include, but are not limited to, the transactions specified in paragraphs (1) to (8) of Section 5.08.090(a) of this title.

(d) Nothing in this section shall prevent the director from approving a second adult entertainment regulatory permit for a single location provided that the holder of the previously approved adult entertainment regulatory permit consents in writing to the expiration of such previously approved permit.

(Ord. 788 § 3 (part), 1999)

Any adult entertainment business that commences operation after the effective date of this chapter shall comply with the location criteria of Sections 10.62.020 and 10.62.040 of this code.

(Ord. 788 § 3 (part), 1999)

(a) No adult entertainment business shall be located in any temporary or portable structure.

(b) Trash dumpsters shall be enclosed by a fence or other permanent structure so as not to be accessible to the public.

(c) No landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.

(d) All off-street parking areas and premise entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways. The lighting shall be shown on the site plan required by Section 5.12.040(b)(5) of this chapter.

(e) The premises within which the adult entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building.

(f) All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(g) All indoor areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

It shall be the duty of the permittee to ensure that the illumination required is maintained at all times that any patron is present in the premises.

(h) The adult entertainment business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult entertainment material and adult entertainment merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult entertainment business that: (1) is not required to and does not provide restroom facilities to patrons or the general public; and (2) deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise that is not used or consumed on the premises.

(i) Access to all indoor areas of the adult entertainment business may not be controlled by any electronic or electric device or by any turnstiles.

(j) All entrances shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.

(k) Signage shall conform to the standards established for the zone where the adult business is located and shall not depict or describe specified sexual activities or specified anatomical areas.

(l) Adult arcades shall comply with the following additional requirements:

(1) The interior of the premises shall be configured in such a manner that from a manager’s station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more designated manager’s stations, then the interior shall be configured in such a manner that from at least one of the manager’s stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subparagraph must be in direct line of sight from the designated manager’s station. The manager’s station shall be shown on the site plan required by Section 5.12.040(b) (5) of this chapter.

(2) It shall be the duty of the permittee to ensure that the view area specified in subparagraph (1) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

(3) The permittee shall cause all floor coverings in viewing rooms or booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

(4) The permittee shall cause all wall surfaces and ceiling surfaces in viewing rooms or booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

(5) Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms or booths.

(6) No alteration in the configuration of a manager’s station shall be made without the prior written approval of the director.

(m) Adult cabarets and adult theaters shall comply with the following additional requirements:

(1) A separate entrance/exit for entertainers which is separate from the entrance/exit used by patrons shall be provided.

(2) Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers’ use, shall be provided.

(3) Access between the stage and the entertainers’ dressing room facilities, which is completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three foot wide walk aisle between the entertainers’ dressing room facilities and the stage, with a railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers shall be provided. Such railing, fence or other barrier shall be at least thirty inches in height.

(Ord. 788 § 3 (part), 1999)

(a) No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (i) adult entertainment material; (ii) adult entertainment merchandise; (iii) specified sexual activities; (iv) specified anatomical areas; or (v) any semi-nude person. This provision shall apply to any display, decoration, sign, show window or other opening.

(b) Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

(c) Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.

(d) Patrons shall not be permitted access to any area of the adult entertainment business that has been designated as an area in which patrons will not be permitted.

(e) No person under the age of eighteen years shall be permitted within the adult entertainment business at any time.

(f) The adult entertainment business shall maintain a security system for parking surfaces serving the business in accordance with the following standards:

(1) Businesses served by on-site parking surfaces shall maintain a security system that visually monitors and records such parking surfaces.

(2) Businesses served by off-site parking surfaces shall maintain either (i) a security system that visually monitors and records such parking surfaces or (ii) at least one security guard charged with monitoring such parking surfaces at all times while the business is open; provided, however, that this subparagraph shall not apply to any business served by offsite parking surfaces that is accessed exclusively by valet parking.

(g) Security guards shall be employed in accordance with the following standards:

(1) One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than thirty persons.

(2) The security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public, and shall be duly licensed as a security guard by applicable provisions of state law.

(3) The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter or permit conditions, and with notifying the Los Angeles County sheriff’s department of any violations of law observed.

(4) No security guard required pursuant to this paragraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.

(h) No adult entertainment business shall operate between the hours of twelve midnight and eight a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.

(i) The exterior grounds of the premises of the adult entertainment business shall be free from all adult entertainment material and adult entertainment merchandise.

(j) The floors, seats, walls and other interior areas of the premises shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions may justify suspension or revocation of the adult entertainment business regulatory permit.

(k) All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.

(l) An adult entertainment business shall not conduct or sponsor any activities which create a demand for parking beyond the number of parking spaces required by Title 10 of this code for the applicable zoning district where the adult business is to be located.

(m) Any business license required pursuant to Chapter 5.04 of this code shall be kept current at all times.

(n) An adult entertainment business shall conform to all applicable laws and regulations.

(o) An adult entertainment business shall not provide any massage services (as defined in Chapter 5.36 of this code) , acupuncture or tattooing nor shall it provide any escort (as defined in Chapter 5.26 of this code).

(p) Adult arcades shall comply with the following additional requirements:

(1) No viewing room or video booth may be occupied by more than one person at any one time.

(2) At least one employee shall be on-duty and stationed at each manager’s station at all times that a patron is present inside the premises.

(3) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any viewing rooms or booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the viewing rooms or booths.

(4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths. The permittee, owner, operator or other person in charge of the adult arcade shall, during each business day, regularly inspect the walls between the viewing rooms or booths to determine if any openings or holes exist.

(5) No person shall make or attempt to make an opening of any kind between viewing rooms or booths.

(q) Adult cabarets and adult theaters shall comply with the following additional requirements:

(1) No entertainer shall perform except upon a stage that is both: (i) at least eighteen inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.

(2) No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within ten feet of any person dancing for any form of consideration.

(3) No entertainer shall have physical contact with a patron before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

(4) No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

(5) No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purposes of this provision, “directly pay or give” means the placement of a gratuity by a patron on any portion of an entertainer’s person or clothing.

(6) No entertainer shall solicit any gratuity from a patron.

(7) No entertainer shall appear in a state of nudity or depict specified sexual activities.

(r) Adult model studios shall comply with the following additional requirements:

(1) An adult model studio shall not employ any person under the age of eighteen years.

(2) A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a model studio. It is a defense to prosecution under this subsection if the person under eighteen years was in a restroom not open to public view or visible to any other person.

(3) A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity at an adult model studio.

(4) An adult model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(s) Adult motels shall comply with the following additional requirements:

(1) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this title.

(2) A person commits a misdemeanor if he or she, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult entertainment regulatory permit, rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, rents or subrents the same sleeping room again.

(3) For purposes of subsection (2) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.

(t) Adult motion picture theaters shall comply with the following additional requirements:

(1) Remodeling or Enlargement of Theater. Any motion picture theater that has been closed for a continuous period of thirty days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public without first having an inspection by, and the written permission of, the building and safety division of the city of La Puente, the health department and the Los Angeles County fire department.

Upon application by the permittee, the building and safety division shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued. In the event the public safety devices, appurtenances, exits, or stairways are not in a secure and safe condition, they shall be put into such condition before any motion picture is exhibited and before the building is opened to the public. The building and safety division shall have the right to close any theater building when any permittee or owner refuses to comply with the provisions hereof, and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with.

(2) Smoking in Motion Picture Theaters. Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where motion pictures are exhibited.

(3) Fire Extinguishers Required. In addition to the fire extinguishing equipment required in all occupancies, as defined by the building codes of the city, there shall be installed not less than two Class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards, there shall be maintained not less than two Class C fire extinguishers as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Los Angeles fire department may order.

(4) Rewinding Film in Closed Cabinet. All rewinding of film shall be done in an enclosed cabinet of a type approved by the Los Angeles County fire department. All film, records, and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use.

(5) Smoking or Open Flame in Booth Prohibited. No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth.

(6) Automatically Operated Safety Devices—Testing. The Building and Safety Division may require that all automatically operated safety devices be tested not less than once every thirty days to determine that they are in proper working condition.

(7) Projection Rooms and Booths.

(A) No unauthorized person shall be allowed inside any motion picture machine booth when it is being used for the projection of motion pictures.

(B) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the Uniform Building Code as adopted and amended by the city.

(8) Hazardous Conditions. It is unlawful to admit or allow the admission of the public to a theater after receiving notice or obtaining knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety, or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures, unsanitary conditions, damaged or defective seats, defects in or damage to the floor, floor covering or carpeting, obstructions in aisles, and insufficient illumination or inoperative light bulbs.

(Ord. 788 § 3 (part), 1999)

No permittee, owner, operator or other person in charge of an adult entertainment business shall allow any person to perform at the business unless such person is in possession of a valid adult entertainer permit.

(Ord. 788 § 3 (part), 1999)

(a) Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer’s legal name, stage name(s), and adult entertainer permit number.

(b) Upon commencement of the business, and on an annual basis thereafter as part of the permit renewal process, every owner of an adult cabaret and every owner of an adult theater shall file with the director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct.

(Ord. 788 § 3 (part), 1999)

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult entertainment business.

(Ord. 788 § 3 (part), 1999)

The owner, operator, or other person in charge of an adult entertainment business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is open for business or is occupied.

(Ord. 788 § 3 (part), 1999)

Unless suspended or revoked, the term and renewal of an adult entertainment regulatory permit shall be governed by Section 5.08.080(a) of this title. In addition to the requirements in Section 5.08.080(a) of this title, applications for renewal of an adult entertainment regulatory permit shall be processed in accordance with the procedures governing initial applications as specified in this article.

(Ord. 788 § 3 (part), 1999)

The requirements of this article shall be deemed conditions of adult entertainment regulatory permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment regulatory permit.

(Ord. 788 § 3 (part), 1999)