Livingston Municipal Code Art. IV Miscellaneous Provisions

An applicant or permittee shall permit representatives of the Police Department, County of Merced Health Department, Fire Department, Planning or other city departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult entertainment businesses, at any time it is occupied or open for business. A person who operates an adult entertainment business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. 493, passed 4-18-2000)

The provisions of this chapter regulating adult entertainment 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.

(Ord. 493, passed 4-18-2000)

(A) It shall be unlawful for any owner, operator, manager or permittee in charge of or in control of an adult entertainment 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 entertainment business performer permit.

(B) No permittee or operator of an escort service shall allow or permit a person to act as an escort for such service unless said person possesses a valid escort permit under the provisions of this chapter. It shall be the responsibility of the permittee and the operator to ensure that each such person employed as an escort shall first have obtained a valid permit pursuant to this article.

(C) No permittee or operator of a model studio shall allow or permit a person to act as a figure model for such studio unless the person possesses a valid figure model permit under the provisions of this chapter. It shall be the responsibility of the permittee and the operator to ensure that each such person employed as a figure model shall first have obtained a valid permit pursuant to this chapter.

(Ord. 493, passed 4-18-2000)

All persons who possess an outstanding business license heretofore issued for the operation of an adult entertainment business and all persons required by this chapter to obtain an adult entertainment business performer permit, or an escort permit, or a figure model permit must apply for and obtain such a permit within 90 days of the effective date of this chapter. Failure to do so and continued operation of an adult entertainment business, or continued employment as an escort or figure model or the continued performances depicting specified anatomical areas or specified sexual activities in an adult entertainment business after such time without a permit shall constitute a violation of this chapter.

(Ord. 493, passed 4-18-2000)

The City Council finds that barroom nudity is a direct cause of increased demand for police services in and about such establishments, and finds further that the activities commonly engaged in by both employees and patrons of such establishments are inimical to the public welfare in that nudity in such establishments has been demonstrated to increase the occurrence of illegal activity in and occurring around such establishments. Accordingly, the following acts or conduct on the premises of any bar are deemed contrary to the public interest and welfare and the best interests of the community and, therefor.

(A) No bar owner or operator or an employee thereof shall permit any person on the premises to display or expose his or her genitals, pubic hair, buttocks, anal region or any portion of the female breast at or below the areola thereof.

(B) No bar owner or operator or employee thereof shall permit any person on the premises to perform specified sexual activities as defined in § 10-6-2 of this chapter.

(C) Any bar owner, operator or employee thereof who permits any of the above while alcoholic beverages are being sold or in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.

(D) Any person who exposes his or her genitals, pubic hair, buttocks, anal region or any portion of the female breast at or below the areola thereof on the premises while alcoholic beverages are being sold, or on the premises and in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.

(Ord. 493, passed 4-18-2000)

(A) It shall be unlawful for any person to appear in any adult entertainment business in a state of nudity.

(B) It shall be unlawful for a person to appear in a seminude condition in any adult entertainment business unless the person appearing while seminude is on a stage at least 24 inches above the level of the floor and at least ten feet from any patron or customer.

(C) It shall be unlawful for any person who engages in or participates in any live performance which is distinguished or characterized by an emphasis upon the display or depiction of specified anatomical areas or specified sexual activities in an adult entertainment business, or who appears seminude in an adult entertainment 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 such person.

(Ord. 493, passed 4-18-2000)

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. 493, passed 4-18-2000)