Lancaster Municipal Code Art. IV Sexually Oriented Businesses

It is the intent of this article to prevent community wide adverse economic impacts, increased crime, increased incidence of communicable disease, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

It is the further purpose of this article to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials and paraphernalia protected by the First Amendment. Similarly, it is not the intent or effect of this article to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors and performers of adult-oriented entertainment to their intended market. Neither is it the intent or effect of this article to condone or legitimize the distribution of obscene material.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.010)

For the purposes of this article certain terms and words are defined as follows:

"Adult-oriented business" means any one of the following:

1. "Adult arcade" means an establishment where, for any form of consideration, one or more electrically, electronically, or mechanically controlled still or motion picture machines or projectors, video or laser disc players, or other image producing devices are maintained, for viewing by 5 or fewer persons per machine at any one time, and are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2. "Adult bookstore" means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc (CD) or digital video disc (DVD), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or,

b. Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities. The phrase "regular and substantial course of conduct" as applied to an adult bookstore shall mean the following:

1. The business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or

2. The business devotes more than 25% of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or

3. The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail value of inventory offered in each of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental, (d) novelties and devices, and (e) on-premises viewing of images, films, and/or videos; or

4. Gross revenue derived from merchandise in any category set forth in paragraph (c) above exceeds 25% of the total gross revenue for the category.

"Adult cabaret" means a nightclub, restaurant, bar or similar business establishment which regularly features (1) live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) persons who appear semi-nude or nude; and/or (3) films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions (including without limitation digital images such as compact disc (CD) or digital video disc (DVD) images), which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) either (a) rents, leases, lets or allows the subletting or subrental of any room for less than a 10-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period, or (b) has a sign visible from the public right of way which advertises the availability of the above-described photographic reproductions.

"Adult motion picture theater" means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown for viewing by 5 or more patrons at any one time, 30 percent or more of the number of which, in any month, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult theater" means a theater, concert hall, auditorium, or similar business establishment which, for any form of consideration regularly features persons who appear in a state of nudity or semi-nudity and/or features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

"Adult-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

"Applicant" means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

"Bar" means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

"City manager" means the city manager of the city of Lancaster or the authorized representatives thereof.

"Distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

"Employee" means a person who performs any service on the premises of an adult-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises of the adult-oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult-oriented business as long as such persons are not nude or semi-nude.

"Establishment" of an adult-oriented business. As used herein, to "establish" an adult-oriented business shall mean and include any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined herein;

3. The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

4. The relocation of any such adult-oriented business.

"Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

"Health officer" means the health officer of the city or his or her duly authorized representative.

"Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.

"Nude," "nudity," or a "state of nudity" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of completely or opaquely covered male genitals in a discernibly turgid state.

"Operate an adult-oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

"Permittee" means the person to whom an adult-oriented business permit or adult-oriented business employee permit is issued.

"Person" means any individual, proprietorship, partnership, firm, association, joint stock company, corporation, or other legal entity, or combination of the above in whatever form or character.

"Regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occur on 2 or more occasions within a 30 day period; 3 or more occasions within a 60 day period; or 4 or more occasions within a 180 day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Religious institution" means a structure which is used primarily for religious worship and related religious activities.

"School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

"Semi-nude" means a state of dress in which opaque clothing covers no more than the genitals, pubic region, anus and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part.

"Sexual encounter center" means a business enterprise that, as one of its principal purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition.

"Specified anatomical areas" shall mean and include any of the following:

1. Less than completely and opaquely covered human (i) genitals or pubic region; (ii) anus or buttocks; and (iii) female breast below a point immediately above the top of the areola;

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

3. Any device, costume or covering that simulates any of the body parts included in subsections 1 or 2 above.

"Specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

2. Sex acts, including but not limited to intercourse, oral copulation, or sodomy;

3. Masturbation;

4. Excretory functions as part of or in connection with any of the other activities described in subdivision 1 through 3 of this subsection.

"Transfer ownership or control of an adult-oriented business" means and includes (i) the sale, lease, or sublease of the business; or (ii) the transfer of securities which constitute a controlling interest in the business whether by sale, exchange or similar means; or (iii) the establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law on the death of a person possessing ownership or control.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.010)

From and after January 10, 2002, no adult-oriented business shall be established, located or operated in any zone in the city other than within the heavy industry (HI) category of the industrial (I) zones, as specified in this article, and subject to all regulations and conditions enumerated in this title. Any business which did not constitute an adult oriented business or a sexually oriented business prior to January 10, 2002, but which would be deemed an adult-oriented business under this article, which was legally established and for which all applicable permits and licenses were issued and remain effective as of January 10, 2002 shall not be deemed to be an adult-oriented business subject to the provisions of this article, except to the extent (i) such business ceases operating in conformity with any permit issued in conjunction with the establishment thereof; or (ii) the floor area of such business utilized for the sale of merchandise distinguished by or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the floor area utilized for such purpose and existing as of January 10, 2002; or (iii) the retail inventory (measured by cost to the business owner of the inventory or by the retail value of the merchandise) distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the amount of such inventory being merchandised as of January 10, 2002; or (iv) the number of performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities increases by 15% in any applicable period of time.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.020)

Any use of real property as an adult-oriented business existing on the effective date of this ordinance, which was in conformity with the provisions of Article IV of Chapter 17.16 of Title 17 of the code prior to effective date of this ordinance, and which was constructed, operated, and maintained in compliance with all previous regulations, but which, after the date of this ordinance does not comply with Sections 17.16.460 and 17.16.490 of the code (but does comply with all other provisions of this article), shall be regarded as a nonconforming use which may be continued until 18 months after the effective date of this ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the director in accordance with the provisions of this Section 17.16.470. This section does not authorize a business subject to its terms to expand or materially change the nature of its operation during the period in which such business is allowed under this section to continue its operation.

A. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as a legal nonconforming adult-oriented business shall result in a loss of the legal nonconforming status of such use.

B. Amortization — annexed property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 17.16.460 and Section 17.16.490 shall be terminated within 18 months of the date of annexation unless an extension of time has been approved by the director in accordance with the provisions of this Section 17.16.490.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.021)

The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the planning commission for an extension of time within which to terminate the nonconforming use.

A. Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of this section, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the director at least 90 days but no more than 180 days prior to the time established in this Section for termination of such use.

B. Content of application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be set forth in the schedule of fees established by resolution from time to time by the city council.

C. Hearing procedure. Within 10 days following receipt of the application, the director shall set the matter for an administrative hearing and notify the applicant of the time and date of such hearing. Such administrative hearing shall be conducted by the director or his designee, and shall be scheduled for a time and date within 30 days after the director's receipt of a completed application accompanied by the requisite filing fee. The applicant shall have the right to offer testimonial, documentary and tangible evidence relevant to the issues, and may be represented by counsel. Any hearing under this section may be continued for a reasonable time not exceeding 10 days upon agreement of all parties, for the convenience of a party or a witness. The decision of the director shall be subject to appeal pursuant to Section 17.16.580 and subject to judicial review pursuant to Code of Civil Procedure section 1094.8.

D. Approval of extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the director finds that:

1. The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the date of this ordinance; and

2. The applicant will be unable to recoup said investment as of the date established for termination of the use; and

3. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 17.16.460 and Section 17.16.490.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.022)

No adult-oriented business shall be established, located, or operated within certain distances of certain specified land uses or zones as set forth below:

A. No such business shall be established or located within 1,500 feet of any other adult-oriented business.

B. No such business shall be established or located within 1,500 feet of any existing residential zone (to the extent such residential zone may feasibly be used for a residential dwelling unit of a type permitted by the city), residential use, park, public building (which the public is authorized to attend), church, school, boys club, girls club, or similar existing youth organization.

C. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.026)

A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Lancaster the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city of Lancaster as herein required ("adult-oriented business permit").

B. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city of Lancaster as herein required ("adult-oriented employee permit")

(Ord. 801 § 2 (part), 2001)

A. Every person who proposes to maintain, operate or conduct an adult-oriented business in the city of Lancaster shall file an application with the city manager upon a form provided by the city of Lancaster and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

B. Adult-oriented business permits are nontransferable, except in accordance with Section 17A6.530. Therefore, all applications shall include the following information:

1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

2. If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

3. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

4. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with authority to bind the entity shall sign the application.

5. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

6. A description of the type of adult-oriented business for which the permit is requested and the address where the adult-oriented business is proposed to operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.

7. The address to which notice of action on the application is to be mailed.

8. The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by Section 17.16.540 to obtain an adult-oriented business employee permit (for ongoing reporting requirements see Section 17.16.540, subsection A).

9. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but 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 6 inches.

10. A straight-line drawing prepared within 30 days prior to application accurately depicting the building and the portion thereof to be occupied by the adult-oriented business, and: (1) the property line of any other adult-oriented business within 1500 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (2) the property lines of any church, school, park, public building, boys club, girls club, youth center, recreational area, or residential zone or use within 1500 feet of the primary entrance of the adult-oriented business.

11. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 17.16.590(c).

12. Whether the applicant or principals thereof have been convicted, within the past five years, of a sexual crime against children, sexual abuse, rape, or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution or pandering and, if so, the dates of conviction, confinement, and release, or has been convicted of a crime requiring registration under Penal Code Section 290.

13. Whether the applicant or any of the other individuals identified in the application pursuant to this section has bad a previous permit under this title or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult-oriented 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 any other individual identified in the application pursuant to this section has been an owner, partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this article whose permit has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

14. Whether the applicant or any other individual identified in the application pursuant to this section holds any other permits and/or licenses under this article or any other similar adult oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

B. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.

(Ord. 801 § 2 (part), 2001)

A. The city manager shall determine whether the application contains all of the information required by the provisions of this article. If it is determined that the application is not complete, the applicant shall be sent a notice in writing within 10 business days after the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have 30 calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within 5 business days following the receipt of a supplemental or amended application, the city manager shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within 5 business days of that fact. If an applicant submits 2 consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the city manager as set forth herein.

B. Upon receipt of a completed application and payment of the filing fee, the city manager or his or her designee shall immediately stamp the application as received, and issue a temporary permit to the applicant, which shall be valid for 30 business days after the date of issuance, unless earlier terminated by the denial of the adult business permit. The city manager or his or her designee shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit. As part of this investigation, the city manager or his or her designee shall promptly send photocopies of the completed application to the Los Angeles County sheriff's office and any other city departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly investigate the applicant, application and proposed adult oriented business in accordance with its responsibilities under law and as set forth in this title, which investigation shall be completed prior to the expiration of the 30 day time period set forth in subsection C below. At the conclusion of such 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 and return the photocopy immediately to the city manager or his or her designee. A department or agency shall only disapprove an application if it finds the proposed adult-oriented business will violate any provision of any statute, code, ordinance, regulation or other law in effect in the city. The Los Angeles County Sheriff's office shall only be required to certify the records request check and shall not be required to approve or disapprove applications. In no event shall the temporary permit issued pursuant hereto constitute or grant a right to the applicant to operate an adult-oriented business in violation of Sections 17.16.460 and 17.16.490 of the code or in violation of any other zoning, building and safety, or business licensing provisions of the code.

C. Within 30 days of receipt of the completed application, the city manager shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The city manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the city manager shall attach to the application an adult-oriented business permit.

4. The application as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided.

D. The city manager shall grant the application and issue the adult-oriented business permit upon findings that the proposed business meets the locational criteria of Section 17.16.460 and Section 17.16.490; and that the applicant has met all of the development and performance standards and requirements of Section 17.16.590 unless the application is denied for one or more of the reasons set forth in subsection F hereof. The permittee shall post the permit conspicuously in the adult-oriented business premises so that it may be easily read at any time by persons entering the adult-oriented business.

E. If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 17.1 6.540A, subsection C), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 17.16.590.

F. The city manager shall deny the application for any of the following reasons:

1. The building, structure, equipment, or location used by the business for which an adult-oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city, the county, and the state of California, or with the locational or development and performance standards and requirements of these regulations;

2. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit, or has failed to provide information reasonably necessary for issuance of the permit on the application form;

3. An applicant is under 18 years of age;

4. The required application fee has not been paid;

5. The adult-oriented business does not comply with the city's zoning ordinance;

6. The granting of the permit would violate a statute, ordinance, or court order;

7. The applicant has had a permit issued pursuant to this ordinance which has been suspended or revoked at the time of application;

8. Applicant has been convicted of a criminal act specified in Section 17.16.510, subsection B, paragraph 12 for which:

a. Less than 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 the specified criminal act, or

b. Less than 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 the specified criminal act, or

c. Less than 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 2 or more misdemeanors for the specified criminal acts occurring within any 24-month period.

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

G. If the city manager or his/her designee denies the application, he/she shall notify the applicant of the denial and state the reasons for the denial.

H. If a person applies for a permit for a particular location within a period of 112 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

(Ord. 801 § 2 (part), 2001)

A. A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.

B. A permittee shall not transfer ownership or control of an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the city manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with Sections 17.16.510, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city manager determines in accordance with Section 17.16.510 and/or 17.16.520 that the transferee would be entitled to the issuance of an original permit under the ordinances and regulations which were in effect as of the time of the initial issuance of the original adult-oriented business permit. Notwithstanding the forgoing, to the extent the adult-oriented business is operating as a legal nonconforming use, an amendment to the permit shall not extend the legal nonconforming status of such business beyond the amortization period, if any, applicable to the adult-oriented business unless such amortization period is extended pursuant to any local ordinance or regulations in effect as of the time of the extension request.

C. No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.

D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

E. Each adult-oriented business permit shall expire 1 year from the date of issuance, and may be renewed only by filing with the city manager a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. If the city manager or his or her designee determines that there has been no change in the configuration or operation of the permitted adult-oriented business which would call into question the continued satisfaction of all requirements of this ordinance, the permit shall be renewed. If the city manager or his or her designee determines that there has been such a change in the configuration or operation of the adult- oriented business, the city manager may require the permittee to submit a complete new permit application pursuant to Section 17.16.510. In such event, and to the extent the request for renewal has been submitted at least 30 days prior to expiration of the permit, the expiration of the existing permit shall be stayed pending a decision on the new permit application.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.027)

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, nor shall any employee as defined in Section 17.16.450, be employed at an adult-oriented business, without a valid adult-oriented business employee permit issued by the city to such person. All persons who have been issued an adult-oriented business permit shall promptly supplement the information provided as part of the application for the permit required by Section 7.16.510, subsection B, with the names of all performers and employees required to obtain an adult-oriented business employee permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business permit.

B. The city manager shall grant, deny and renew adult-oriented business employee permits.

C. The application for a permit shall be made on a form provided by the city manager. An original and 2 copies of the completed and sworn permit application shall be filed with the city manager.

D. The completed application shall contain the following information and be accompanied by the following documents:

1. The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2. Age, date and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number, and business address and telephone number, if any;

5. Whether the applicant has been convicted in the past 5 years as of the date of the application of:

a. Any of the offenses set forth in Sections 311 through 313.4, 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, -647(a), 647(b) and 647(D) of the California Penal Code, or any offense requiring registration under Penal Code section 290 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered.

b. The equivalent of the aforesaid offenses outside the state of California.

6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

7. Date, issuing state and number of state issued driver's license or identification card and social security number;

8. Satisfactory written proof that the applicant is at least 18 years of age;

9. The applicant's fingerprints on a form provided by the sheriff's department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

10. If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E. The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

F. Upon receipt of an application and payment of the application fees, the city manager shall immediately stamp the application as received, issue a temporary license to the applicant which shall be valid for 15 days unless earlier terminated by the denial of an adult-oriented business employee permit, and promptly investigate the application.

G. If the city manager determines that the applicant has completed the application improperly or the application is otherwise incomplete, the city manager shall notify applicant of such fact within 10 business days of the date of receipt of the application, including the reasons the application is not complete. The city manager shall, in such event, grant the applicant an extension of time of 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.030)

A. Within 15 days after receipt of the properly completed application, the city manager shall grant or deny the application and so notify the applicant as follows:

1. The city manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the city manager shall attach to the application an adult-oriented business employee permit.

4. The application as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

B. The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection C of this section.

C. The city manager shall deny the application for any of the following reasons:

1. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application or has omitted information reasonably necessary for issuance of the permit;

2. The applicant is under 18 years of age;

3. The adult-oriented business employee permit is to be used for employment in a business prohibited by state or local laws, ordinances, or regulations;

4. The applicant has been registered in any state as a prostitute;

5. The applicant has been convicted of any criminal act enumerated in Section 17.16.540, subsection D.5., or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California, for which:

a. Less than 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 the specified criminal act, or

b. Less than 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 the specified criminal act, or

c. Less than 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 2 or more misdemeanors for the specified criminal acts occurring within any 24-month period.

D. The license, if granted, shall state on its face the name of the person to whom it is granted, and the expiration date. The city manager shall provide each person issued an adult-oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permittee,

E. Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of the adult-oriented business.

F. If the city manager neither grants nor denies a completed application for which the filing fees have been paid, within 15 business days after its receipt, the applicant may begin the employment for which the license is sought, subject to strict compliance with the development and performance standards and regulations and other provisions of Article IV of this chapter.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.031)

Each adult-oriented business employee permit shall expire one year from the date of issuance, and may be renewed only by filing with the city manager a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. If the city manager or his or her designee determines that there has been no change in the facts upon which the permit was issued which would call into question the continued satisfaction of all requirements of this ordinance, as amended from time to time, the permit shall be renewed. If the city manager or his or her designee determines that there has been such a change, the city manager may require the permittee to submit a complete new permit application pursuant to Section 17.16.540. In such event, the expiration of the existing permit shall be stayed pending a decision on the new permit application.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.032)

A. An adult-oriented business permit or adult-oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.

1. On determining that grounds for permit suspension or revocation exist, the city manager shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing to be conducted by the city manager or a hearing officer appointed by the city manager, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 working days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the city manager, but at a minimum shall adhere to the provisions of subsection 2.

2. The applicant shall have a right to offer testimonial, documentary, and tangible evidence relevant to the issues; and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness upon agreement of all parties. The hearing officer's decision may be appealed in accordance with Section 17.16.580.

3. The city manager shall suspend a permit for a period not to exceed 30 days if the hearing officer determines, following notice to the permittee and a hearing as set forth above, that the permittee or an employee of a permittee has violated or is not in compliance with any section of this chapter, or has refused to allow an inspection of the adult-oriented business premises as authorized by this chapter.

4. The city manager shall revoke a permit if the hearing officer determines, following notice to the permittee and a hearing as set forth above, that any of the following conditions arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business, has occurred:

a. A cause of suspension as set forth in subsection 3 has occurred and the permit has been previously suspended within the preceding 12 months.

b. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

c. The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following activities on the premises of the adult-oriented business, or in the case of an adult-oriented business employee permit holder, the permittee has engaged in one of the activities described below while on the premises of the adult-oriented business:

1. Any act of sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of an adult hotel/motel, unless the adult-oriented business employee or adult-oriented business operator of such adult hotel/motel knowingly allowed such act to occur in a public place or within public view;

2. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur;

3. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;

4. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code;

5. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4;

6. Any conduct prohibited by this chapter.

d. Failure to abide by any disciplinary action previously imposed by an appropriate city official.

(Ord. 801 § 2, 2001: Prior zoning ord. § 251.040)

All decisions of the hearing officer or city manager to, issue, renew, deny, suspend or revoke a permit issued pursuant to this article are final unless appealed in accordance herewith.

An applicant or permittee may appeal a decision by the city manager or a hearing officer to deny an application for, or to revoke or suspend, an adult-oriented business permit or adult-oriented business employee permit by filing an appeal with the city clerk pursuant to Chapter 2.44 of the code. A hearing by the city council on such appeal shall be scheduled for the first available regular meeting of the city council for which proper notice can be given, but in no event shall such hearing occur more than 30 days after the appeal is filed. The city council shall make a decision on the appeal during the same meeting at which the hearing is held.

After any denial, or a suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, and specifically as provided by California Code of Civil Procedure Section 1094.8. Notwithstanding the applicant's or licensee's right to initiate judicial review, the city shall, upon the written request of an aggrieved applicant or licensee received within 30 calendar days following the decision of the city council, file an action pursuant to Code of Civil Procedure Section 1094.8 with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.

If the city denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth herein that the city commence such action, then the city shall issue a temporary permit. This temporary permit shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, etc., as to the propriety of the denial.

If the city revokes, or suspends an existing permit, and the aggrieved applicant or the permittee commences a legal action to determine the validity thereof or makes a written request in the manner set forth herein that the city commence such action, the city's revocation or suspension of the permit will be stayed pending a judicial decision on the propriety of the denial based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.

Any temporary permit issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary permit, nor shall it grant a right to the holder to operate or serve as an employee in an adult-oriented business which is in violation of Sections 17.16.460 or 17.16.490 of this article or in violation of any other zoning, building and safety, or business licensing provisions of the code.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.041)

A. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city.

B. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

C. All off-street parking areas and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

D. The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

E. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult-oriented business may be open for business only between the hours of 8:00 a.m. and midnight on any particular day, unless alternative hours are mandated as a condition of approval of a zone change.

F. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director or designee. No person under the age of 18 years shall be permitted within the premises at any time.

G. All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

H. Any adult-oriented business which is also an "adult arcade", shall comply with the following provisions:

1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

2. The view area specified above shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

3. No viewing room or booth may be occupied by more than one person at any one time.

4. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths.

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

6. The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to operate the adult-oriented business.

I. All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, to be maintained and evenly distributed at ground level:

J. The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any materials depicting specified sexual activities or specified anatomical areas. Rest rooms 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-oriented business which deals exclusively with sale or rental of materials which are not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public.

K. The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:

1. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult-oriented business, or any other person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

2. The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

3. The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

4. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum 3 foot wide walk aisle for entertainers between the dressing room area 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.

5. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business, including without limitation, any parking areas.

6. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

7. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

8. No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or anus with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

M. Additional Regulations for Adult Motels.

1. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated 2 or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel.

2. It is a violation of this chapter when, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult-oriented business permit, the person rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, rents or sub-rents the same sleeping room again.

3. For purposes of paragraphs 1 and 2 of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

N. Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Viewing Rooms. A person who operates or causes to be operated an adult-oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1. Upon application for an adult-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas The city manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

2. No alteration in the configuration or location of a manager's station may be made without the prior written approval of the city manager based upon the city manager's finding that such alteration complies with this section.

3. It is the duty of the permittee of the adult-oriented business to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the adult-oriented business.

4. The interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment or any materials depicting specified sexual activities or specified anatomical areas. If the adult-oriented business has 2 or more designated manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult-oriented business to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required by this section must be by direct line of sight from the manager's station.

5. It shall be the duty of the permittee to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

6. It shall be the duty of the permittee to ensure that no patron is permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted pursuant to paragraph 1 of this subsection.

7. No viewing room may be occupied by more than one person at any time.

8. The adult-oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10-foot candles as measured at the floor level.

9. It shall be the duty of the licensee to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.

10. No openings of any kind shall exist between viewing rooms or booths.

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

12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing 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 48 inches of the floor.

15. It is a violation of this chapter for a person having a duty under this section to knowingly fail to fulfill that duty.

P. Additional Regulations Concerning Public Nudity.

1. It is a violation of this chapter for a person knowingly and intentionally to appear in a state of nudity in an adult-oriented business or any other public place.

2. It is a violation of this chapter for a person knowingly or intentionally, in an adult-oriented business, to appear in a semi-nude condition unless the person is an employee who, while semi-nude, is upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest areas occupied by patrons.

3. It is a violation of this chapter for an employee or performer while semi-nude in an adult-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee.

4. It is a violation of this chapter for an entertainer, while semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch an entertainer who is semi-nude.

Q. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1. Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

2. Security guards for other adult-oriented businesses may be required if it is determined by the city manager that their presence is necessary in order to prevent any illegal conduct from occurring on the premises.

3. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards 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 as required by applicable provisions of state law. No security guard required pursuant to this subsection 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.

The foregoing applicable requirements of this Section shall be deemed conditions of adult-oriented business Permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the Permit issued pursuant to these regulations.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.042)

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.043)

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation hereof, and each offense shall be punishable separately.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.044)

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 8.28 of the code.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.045)

Any person who violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a civil fine to the maximum amount permitted by state law. Any person twice convicted of an infraction for repeat violations of the same provision within a one year period, may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to the maximum punishment permitted by state law.

Pursuant to Government Code Section 3 6900(a), the city attorney may prosecute these violations in the name of the people of the state of California.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.050)

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.060)

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by city ordinance.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.061)

Every permittee of an adult-oriented business permit which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons in the past and currently so performing on the premises and their adult-oriented business employee permit numbers. Such register shall be available for inspection during regular business hours by any police officer, sheriff or deputy sheriff, or health officer of the city.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.063)

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

B. The city manager shall provide each adult-oriented business employee required to have an adult-oriented business employee permit pursuant to this chapter, an identification card containing the name, address, photograph and permit number of such performer.

C. A permitted adult-oriented business employee shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.064)

A. It shall be unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires an adult-oriented business permit, to any person who is not at least 18 years of age.

B. It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.070)

Representatives of the police, health, fire, planning or other city departments may inspect the premises of an adult-oriented business in accordance with this Section 17.16.700, which inspections shall be solely for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses. Such inspections may be conducted only (1) after a representative of such department has provided evidence satisfactory to the city manager that there is good reason to believe that one or more code sections within the city's municipal code have been violated by the adult-oriented business within 2 weeks of the inspection; or (2) after advising the owner or operator of the adult-oriented business of the provisions of this section and any other sections codified by this ordinance relevant to the scope of the inspection including any sections for which a violation is anticipated, at any time the adult-oriented business is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business, so long as the inspection is in accordance herewith.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.071)

The provisions of this article regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 25 1.072)

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business employee permit.

(Ord. 801 § 2 (part), 2001: Prior zoning ord. § 251.073)

Any person who possesses a current business license for a sexually oriented business which is not subject to Section 17.16.470, or who operates a business which was not deemed to be a sexually- oriented business prior to the effective date of this ordinance but which, through an expansion of such business in the manner set forth in Section 17.16.460 is deemed to constitute an adult-oriented business under Section 17.16.450 and who does not have a validly issued adult-oriented business permit issued pursuant to the provisions of this ordinance, and all persons required by this chapter to obtain an adult-oriented business employee permit, must apply for and obtain such a permit within 90 days of the effective date of this ordinance. Failure to do so and continued operation of an adult-oriented business, or continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this chapter.

(Ord. 801 § 2 (part), 2001)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 801 § 2 (part), 2001)