La Quinta Municipal Code Ch. 5.80 Sexually Oriented Businesses

The purpose of this chapter is to regulate sexually oriented businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the sexually oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of sexually oriented businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Reasonable and uniform regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the sexually oriented businesses. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors of sexually oriented business to their intended market.

Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

As used in this chapter:

"Employee" means a person over eighteen (18) years of age who renders any service, or performs in connection with the operation of a sexually oriented business, either on site or off site, irrespective of whether said person is paid a salary, wage, or other compensation by the operator of the business or patrons.

"Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

"Escort agency" means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip, or other consideration.

"Establishment" means and includes any of the following:

1. The opening or commencement of any such business as a new business;

2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business or to an existing non-sexually oriented business;

4. The relocation of any such sexually oriented business; or

5. The substantial enlargement of any such sexually oriented business by an increase of the floor area occupied by the business of more than fifteen percent (15%).

"Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four (24) hours in advance of participation in the class.

"Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

"Permittee" means the person to whom a permit has been issued pursuant to this chapter.

"Sexually oriented arcade" means any business establishment or concern, where, for any form of consideration including, but not limited to, cash in the form of paper bills, coins or slugs, which are operated manually or electronically controlled still, motion picture or video machines, projectors, or other image-producing devices are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Sexually oriented bookstore," "sexually oriented novelty store" and "sexually oriented video store" mean any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "sexually oriented business" for definition of regular and substantial portion of its business.) The term "sexually oriented bookstore" shall be deemed to be inclusive of the terms "sexually oriented novelty store" and "sexually oriented video store."

Sexually Oriented Business.

1. "Sexually oriented business" means any business establishment or concern which as a regular and substantial course of conduct performs as a sexually oriented bookstore, sexually oriented theater, sexually oriented arcade, sexually oriented cabaret, escort, escort agency, stripper, sexually oriented model studio or sexually oriented hotel/motel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sexually oriented business" does not include those uses or activities, the regulation of which is preempted by state law. "Sexually oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows sexually oriented entertainers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one (1) or more of the following conditions exist:

a. The area devoted to sexually oriented merchandise and/or sexually oriented material exceeds more than thirty-three percent (33%) of the total display or floor space area open to the public;

b. The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same;

c. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display, advertisement or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts;

d. An establishment may have other significant and substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such establishments from being categorized as a sexually oriented bookstore, so long as one (1) of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

2. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

"Sexually oriented cabaret" means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Sexually oriented entertainer" means a person who for any form of consideration or gratuity performs or appears in performances which are characterized by the emphasis on specified anatomical areas or specified sexual activities.

"Sexually oriented hotel/motel" means a motel, hotel or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities or specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, social media or other electronic means; or (2) offers a sleeping room for rent for a period of time less than ten (10) hours; or (3) allows a tenant or occupant to sub-rent or let others use the sleeping room for a time period of less than ten (10) hours.

"Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Sexually oriented merchandise" means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

"Sexually oriented model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Sexually oriented model studio shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq., of the Education Code.

"Sexually oriented theater" means a business establishment or concern which regularly features live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified criminal acts" mean acts which are sexual crimes against children, sexual abuse, rape, crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering, or distribution or sale of illegal drugs.

"Specified sexual activities" means:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation; or

8. Striptease; the removal of clothing to the point where specified anatomical parts are not opaquely covered or are minimally covered with devices commonly referred to as pasties and G strings, or equivalent clothing.

"Transfer" of a sexually oriented business means and includes any of the following:

1. The sale, lease or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

Prior to the establishment or transfer of a sexually oriented business, the owner of the business shall obtain both a sexually oriented business permit and a business license from the city. It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a sexually oriented business, or be engaged as a sexually oriented entertainer, as defined in this chapter, without possessing a permit issued pursuant to the provisions of this chapter for each and every separate office or place of business conducted by the above. The permit fee required by this chapter shall be in addition to any other license, permit or fee required under any of the provisions of this code.

Neither the filing of an application for the permit, nor payment of any other license, permit or fee required under any other provision of this code, shall authorize the engaging in, conducting or carrying on of a sexually oriented business, or as a sexually oriented entertainer.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

The property owner, or authorized agent of the property owner, is eligible to request a sexually oriented business permit. The application fee for any sexually oriented business permit shall be eight hundred thirty-five dollars ($835.00) and is nonrefundable and shall be used to defray the cost of investigation, processing and hearing as set forth herein. The application fee for a sexually oriented entertainer permit shall be one hundred dollars ($100.00). The fees set forth herein shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor.

All permits shall expire one (1) year from the date of issuance. Applications for renewal of a permit shall be made thirty (30) days prior to the expiration date. The renewal application fee for a sexually oriented business permit shall be one hundred dollars ($100.00). The renewal application fee for a sexually oriented entertainer shall be twenty-five dollars ($25.00). Said renewal application fees are nonrefundable and shall be used to defray the cost of investigation and processing the renewal applications. The fees set forth herein shall be in effect until the city council shall by resolution fix some other rate based upon a cost factor.

The following information is required at the time a sexually oriented business permit is submitted to the planning department:

A. A completed sexually oriented business permit application specifying the single type of sexually oriented business permitted and signed by the property owner or authorized representative;

B. The nonrefundable deposit or fee as set forth by ordinance or resolution of the city council.

C. Any person, association, partnership or corporation desiring to obtain a business license tax certificate and a permit for a sexually oriented business shall make an application, under oath, to the city manager upon a form provided by the city manager. If the applicant is a corporation, the requirement to provide the application information applies to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, this requirement applies to each of the partners, including limited partners. The application shall contain the following:

1. The name, including any aliases, current permanent residential address, e-mail address, and telephone number of the applicant;

2. The business name, proposed business address of the sexually oriented business, website address and its telephone number:

a. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation. The applicant shall show the name and residence address of each of the officers, directors and each stockholder owning ten percent (10%), or greater, of the stock of the corporation and the address of the corporation itself, if different than the address of the sexually oriented business. The application shall show that the corporation is in good standing under the laws of California,

b. If the applicant is a partnership, the application shall provide a copy of the partnership agreement and show the name and residence address of each of the partners including limited partners and the address of the partnership itself, if different than the address of the sexually oriented business;

3. The name and permanent address of the owner of the property upon which the applicant intends to locate the sexually oriented business. If the property owner is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and stockholders owning ten percent (10%) or greater of the stock of the corporation. If the property owner is a partnership, the application shall show the name and residence address of each of its partners, including limited partners;

4. In the event the applicant is not the owner of record of the real property upon which the sexually oriented business is or will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that a sexually oriented business is or will be located on the property. In addition, the applicant must furnish a copy of the lease or rental agreement pertaining to the premises in which the sexually oriented business will be located;

5. The days, hours and location where the sexually oriented business is proposed to be conducted, and the admission fee, if any, to be charged;

6. The name(s) of person(s) having the management or supervision of the applicant's business;

7. Whether or not the applicant has been convicted of a specified criminal act within the last three (3) years, the nature of such offense, the date of conviction, place convicted and the sentence received therefor;

8. Whether or not the applicant has ever had any similar license or permit issued by an agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

9. Driver's license or other acceptable identification and social security number of the applicant;

10. Acceptable written proof that the applicant is at least eighteen (18) years of age;

11. The height, weight, color of eyes, color of hair and date of birth of the applicant;

12. The business, occupation or employment history of the applicant for the last five (5)-year period immediately preceding the date of the filing of the application;

13. Each residence and business address of the applicant for the five (5)-year period immediately preceding the date of the filing of the application;

14. One (1) front-faced portrait photograph of the applicant at least two (2) inches by two (2) inches in size shall be taken by the city police;

15. A detailed description of the proposed entertainment, including type of entertainment, number of persons engaged in the entertainment and any further information about the entertainment or entertainers, as the city manager may deem necessary;

16. The name and address of any other sexually oriented business owned or operated by any person whose name is required to be given in subsection C of this section;

17. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant;

18. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

19. Such other identification and information necessary to discover the truth of the matters required to be set forth in the application;

20. Applicant must furnish for any person whose name is required to be given in subsection (C)(6) of this section the information requested by subsections (C)(1), (9)—(14), (16), (18) and (19) of this section;

21. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;

22. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand five hundred (500) feet of the property to be certified; the property (1,000) lines of any established religious institution/synagogue, school, public park, recreation area, public building, family-oriented restaurant, business involving an on-premises sale of liquor or alcoholic beverages, or area zoned R-1, R-2, PR, PC, PI or C-1 within one thousand five hundred (1,500) feet of the property. For the purpose of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

D. The holder of the permit for a sexually oriented business shall notify the city's code compliance department of each change in any of the data required to be furnished by this section within ten (10) days after such change occurs.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

A. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received subject to the provisions of Section 5.80.030. The person receiving the application shall immediately thereafter send photocopies of the application to the Riverside County sheriff's department and any other city agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within twenty (20) days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The sheriff's department shall only be required to check local and state summary criminal history information, including NCIC, and certify whether disqualifying criminal history has been discovered. The sheriff's department shall not be required to approve or disapprove applications. For this purpose, the sheriff's department is specifically authorized by the city council pursuant to California Penal Code Sections 11105 and 13300 to obtain such information as relates to disqualifying criminal convictions for licensing purposes, as specified in Section 120.05(C)(1)(j) and to disclose so much of the information obtained to the city's designee as directly relates to such disqualifying criminal history, for such appropriate action as is required based upon such specific criminal conduct applicable to the subject applicant. No information shall be relayed relating to a criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or post-trial diversion has been ordered.

B. A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

The city shall issue a sexually oriented business permit within the later of forty (40) days of receipt of a completed application or ten (10) days from receipt of the complete investigation report in Section 5.80.050 if it finds that:

A. The sexually oriented business shall be located in the city's SOB overlay zone zoning districts. [3]

B. The sexually oriented business shall not be located within seven hundred fifty (750) feet of any residential zone.

C. The sexually oriented business shall not be located within one thousand five hundred (1,500) feet of a school. "School" means institutions for teaching or caring for minor children, e.g., child care facilities, preschool, day schools, elementary schools, secondary schools, high schools; and institutions of higher learning receiving approved graduates of preparatory school, and offering instructions in art, letters and science, leading to the bachelor's degree or master's degree (e.g., colleges and universities).

D. The sexually oriented business shall not be located within one thousand five hundred (1,500) feet of any lot upon which there is properly located a public park, recreation area or public building; nor within one thousand (1,000) feet of any lot used by a religious institution for religious activities.

E. The sexually oriented business shall not be located within seven hundred fifty (750) feet of any other sexually oriented business including sexually oriented businesses located on the same parcel. In no event may more than one (1) sexually oriented business be located in the same structure.

F. The sexually oriented business shall not be located within seven hundred fifty (750) feet of any business involving on-premises sale of liquor or alcoholic beverages, nor shall it be located within seven hundred fifty (750) feet of a family-oriented restaurant. (A "family-oriented restaurant" means any restaurant which provides specific inducement to encourage attendance by children such as: play equipment, promotional toy items, child's menu separate from regular menu.)

G. The sexually oriented business shall not be located within any structure for which a part is within one hundred (100) feet of the ultimate right-of-way of a major, primary or secondary thoroughfare as defined in the general plan of the city. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right-of-way for the road have a contiguous boundary.

H. The parking requirements for sexually oriented businesses shall be as follows:

1. Bookstores and retail establishments: One (1) parking space per three hundred (300) square feet of gross floor area;

2. Theaters: One (1) parking space per three (3) seats, if seats are fixed, or one (1) parking space per twenty-four (24) square feet of gross floor area;

3. Cabarets: One (1) parking space per three (3) seats, if seats are fixed, or one (1) parking space per thirty-five (25) square feet of gross floor area;

4. Motion picture arcade: One (1) parking space per individual viewing area plus one (1) parking space per employee;

5. Motel/hotel: One (1) parking space per guest room for first fifty (50) rooms; three-quarters (¾) parking space per guest room thereafter.

I. The sexually oriented business shall not be located completely or partially within any mobile structure or pushcart.

J. The sexually oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.

K. The sexually oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the sexually oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.

L. The sexually oriented business complies with the city's sign regulations.

M. The sexually oriented business complies with the development and design requirements of the zone in which it is to be located.

N. The sexually oriented business shall not display any sexually oriented material or sexually oriented merchandise which would be visible from any location other than from within the sexually oriented business.

O. The sexually oriented business shall not allow admittance to any person under the age of eighteen (18) if no liquor is served, or under the age of twenty-one (21) if liquor is served.

P. With the exclusion of sexually oriented hotels, the sexually oriented business shall not operate between the hours of 1:00 a.m. and 9:00 a.m.

Q. The applicant shall not have been convicted of a crime relating to a specified criminal act for which:

1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for "specified criminal acts";

2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for "specified criminal acts";

3. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for "specified criminal acts" occurring within any twenty-four (24)-month period;

4. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

5. An applicant who has been convicted of the above may qualify for a sexually oriented business permit only when the time period required above in this section has elapsed.

R. The sexually oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one (1) person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.

S. The interior of the sexually oriented business which has individual viewing areas, shall be configured such that there is unobstructed view using the naked eye, unaided by any other devices, of every public area of the premises, including, but not limited to, the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area, including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two (2)-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager's station. A security guard shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one (1) person at a time. "Individual viewing area" means any area designed for occupancy of one (1) person for the purpose of viewing live performances, pictures, movies, videos or other presentations.

T. All areas of the sexually oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

U. At least one (1) security guard in addition to the manager, is required for every fifty (50) patrons at sexually oriented businesses providing live entertainment. The manager may act as the security guard where less than fifty (50) patrons are present.

V. The individual viewing areas of the sexually oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two (2) or more individual viewing areas.

W. A traffic study has been prepared for the sexually oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated on the general plan for that roadway.

X. The sexually oriented business shall comply with the noise element of the general plan, interior and exterior noise standards and any mitigation measures necessary to reduce the project's noise impacts to the city's articulated noise standards.

Y. The sexually oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.

Z. Whenever live entertainment is provided, patrons shall be physically separated from sexually oriented entertainers by a floor to ceiling or, if appropriate, stage floor to ceiling, permanent, solid barrier and a buffer zone of at least three (3) feet. "Live entertainment," for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. The three (3)-foot buffer zone provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.

AA. No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of sexually oriented business as such types of sexually oriented business are defined in Section 5.80.020. For the purposes of this section, the catchall phrase "sexually oriented business" shall not be considered a single type of sexually oriented business.

BB. No individual viewing area may be occupied by more than one (1) person at any one (1) time.

CC. No patron shall come into direct or indirect physical contact with any sexually oriented entertainer.

DD. All building openings, entries, windows, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from outside the building.

EE. Lighting in Parking Lots. Lighting shall be required and designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidence of vandalism and theft. All such lighting shall comply with Section 9.100.150 and subsection J of Section 9.150.080 (or successor sections), as applicable.

FF. Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by the public beyond the wall of the building in which such use is conducted.

GG. The building entrance to the adult use shall be clearly and legibly posted by a notice indicating that minors are precluded from entering the premises. As used in this subsection, "minor" means an individual less than eighteen (18) years of age.

HH. Commercial businesses licensed or operating within the city shall not display or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or one (1) or more naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. As used in this subsection, "exposes to public view" means exposes to the view of the person outside the building in which the commercial business is located.

II. The permit required by this chapter shall be displayed in a prominent area.

The city shall deny the requested permit in writing if the above findings have not been made and shall state reasons for the denial.

(Ord. 593 § 1(Exh. A), 5-4-2021; Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

Footnotes:

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The distance of separation required by subsections B through F of this section shall be made by using a straight line, without regard to intervening structures or objects, from the nearest external structural wall of the proposed sexually oriented business to the nearest property line of the lot upon which is located a residential use, religious institution, park, recreation area, public building, family-oriented restaurant or school. The measurement taken when the proposed use is located on the same lot as an already existing sexually oriented business, shall be the distance between the two (2) shall be measured in a straight line between the nearest external structural walls of each use without regard to intervening structures or objects. No request for subdivision, reparcelization or lot line adjustment shall be approved where the primary purpose is to avoid the intent of these distance requirements.

A sexually oriented business permit shall be valid for a period of one (1) year from the date of issuance.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

A sexually oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the sexually oriented business continues to meet the requirements set forth in this chapter. A request for permit renewal must be filed thirty (30) days in advance of the permit expiration and shall be accompanied by a completed sexually oriented business permit application as required in Section 5.80.050. If said application conforms to the previously approved application and the sexually oriented business has not changed, the permit shall be renewed by the city for another year. Any change or alteration in the nature or operation of the sexually oriented business will require the renewal to be reviewed by the city.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

No sexually oriented business permit may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity unless the proposed transferee has first submitted a complete application pursuant to Section 5.80.030 as well as a transfer fee equal to one-half (½) of the basic application permit. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. Any sexually oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the sexually oriented business from one (1) element of a sexually oriented business to another element of a sexually oriented business shall also render the permit null and void. Any sexually oriented business permit shall only be valid for the exact location specified on the permit.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

A. Inspections. The permittee shall permit officers of the city, the county, and each of their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented business for the purpose of ensuring compliance with the law at any time the sexually oriented business is open for business or occupied.

B. Suspension of Permit.

1. The city shall suspend a permit if it determines that a permittee, or an employee of a permittee, has:

a. Violated or is not in compliance with any section of this chapter; or

b. Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; or

c. Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or

d. Knowingly permitted gambling by any person on the sexually oriented business premises; or

e. Operated the sexually oriented business in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee shall promptly notify the permittee of the violation and shall allow the permittee a seven (7)-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7)-day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension; or

f. Engaged in permit transfer contrary to Section 5.80.090. In the event that the city suspends a permit on the grounds that a permittee engaged in a permit transfer contrary to Section 5.80.090, the city shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied; or

g. Operated the sexually oriented business in violation of any of the findings required in Section 5.80.060; or

h. Been convicted of an act for which initial denial of a license would have been required pursuant to Section 5.80.060(Q).

2. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

C. Revocation Grounds. The city may revoke a sexually oriented business permit when it discovers that any of the following have occurred:

1. Any of the findings contained in Section 5.80.060 ceases to be satisfied and a permit suspension has occurred during the twelve (12) months prior to the violation triggering revocation;

2. The application contains incorrect, false or misleading information that tended to enhance the applicant's opportunity for obtaining a permit;

3. The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex related offense, any violation of the city's zoning ordinance, any violation of the city's massage ordinance, or any violation of any other sexually oriented business ordinance of any other city, county or state;

4. Individual viewing areas are being operated with more than one (1) occupant at any one (1) time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two (2) or more individual viewing areas. For the purpose of this section, "individual viewing area" means a viewing area designed for single occupancy;

5. Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the sexually oriented business; or

6. Any person or persons has engaged in any specified sexual activities on the premises.

D. Revocation Notice. Upon determining that the grounds for permit revocation exist, the city shall furnish written notice of the proposed revocation to the permittee in accordance with Section 1.01.300 of this code. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision pursuant to Sections 2.08.180 through 2.08.220 of this code. The city manager's decision shall be the city's final decision and shall not be appealable to the city council.

E. Reapplication after Revocation. No person, corporation, partnership or member thereof or any other entity may obtain a sexually oriented business permit for a business once its permit has been revoked.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

A. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of any unpermitted sexually oriented business, or who violates any provisions of this chapter shall be guilty of a misdemeanor and shall be fined pursuant to Section 1.01.230. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.

B. Any establishment operated, conducted or maintained contrary to the provision of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such sexually oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

C. Any establishment operated in violation of the chapter is a public nuisance, abatable pursuant to Chapter 11.72 of this code.

D. In any action to abate any such public nuisance, the city shall be entitled to recover all enforcement costs, including staff costs and attorney fees.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

It is unlawful for any person to appear in a sexually oriented business in such a manner so as to knowingly and intentionally:

A. Expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or

B. Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region, nipple and/or areola of the female breast or pubic hair region; or

C. Expose the nipples and/or areola of the female breasts except as necessary while engaging in the breast feeding of an infant under the age of two (2) years old; or

D. Allow any person to engage in any of the activities described in subsections A through C of this section in a sexually oriented business when such person has ownership or managerial control over the sexually oriented business.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)

Notwithstanding any other provisions of this code, no sexually oriented business legally operating prior to the effective date of the ordinance codified in this chapter may be expanded in any manner unless and until the entire sexually oriented business complies in all respects with the provisions of this chapter and/or any other provisions of the code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the sexually oriented business is located or operating and/or the introduction and/or addition of any category of sexually oriented business not legally operating on the property prior to the enactment of the ordinance codified in this chapter as such separate categories of sexually oriented business uses are contained in Section 5.80.020. For the purposes of this section, the catchall phrase "sexually oriented business" shall not be considered a single category of sexually oriented business.

(Ord. 526 § 15, 2015; Ord. 270 § 2, 1995)