Lompoc Municipal Code Ch. 5.40 Adult Businesses

A. The purpose and intent of this Chapter are to regulate adult businesses which, unless closely regulated, tend to have serious secondary effects on the community, including, but not limited to, the following: depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses, as a result of increases in crime, litter, noise, and vandalism; higher crime rates in the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses.

B. It is neither the intent nor the effect of these regulations to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market.

C. Nothing in these regulations 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 or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

(Prior code § 8821)

The following words and phrases shall, for the purpose of these regulations, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

"Adult arcade"

means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, as further defined in this Section.

"Adult bookstore" or "adult video store"

means an establishment which has as a regular and substantial portion of its stock-in-trade, or derives a substantial portion of its business, as further defined in this Section, from the sale, rental or viewing for any form of consideration of any one or more of the following inventory of "adult materials": Books, magazines, periodicals, or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides, computer generated images, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, instruments, devices or paraphernalia which are intended, designed, or designated to be used in connection with specified sexual activities; or goods which are replicas of, or which simulate specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities.

"Adult business"

means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services, or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law. Adult business also includes any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie.

"Adult cabaret"

means a nightclub, restaurant, or similar business establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are 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, as a substantial portion of its business, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

"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, and in which a substantial portion of the total presentation time is devoted to the showing of material which is 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 establishment which, for any form of consideration regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Establish, established or establishment.

The words "establish," "established" or "establishment" in the context of an adult business includes any of the following:

The opening or commencement of any adult business as a new business;

The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein;

The addition of any of the adult businesses defined herein to any other existing adult business; or

The relocation of any such adult business.

"Gross receipts"

means and includes the total amounts actually received or receivable from the sale, trade, rental, display, or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Owner," "permit holder" or "permittee"

means any of the following: (1) the sole proprietor of an adult business; or (2) any general partner of a partnership which owns and operates an adult business; or (3) the owner of a controlling interest in a corporation which owns and operates an adult business; or (4) the person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.

"Person"

means all natural and artificial person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).

"Regular and substantial course of conduct" or "regular and substantial stock-in-trade or portion of its business"

means any adult business where one or more of the following conditions exist:

The area(s) devoted to the display of "adult material," as defined in this Section, exceeds 15 percent of the total display area of the business; or

At least 25 percent of the gross receipts of the business are derived from the sale, trade, rental, display, or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Religious institution"

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

"School"

means any child 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.

"Specified anatomical areas"

includes any of the following:

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

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

"Specified sexual activities"

includes any of the following:

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

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated; or

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

Striptease, the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are visible or exposed.

"Transfer of ownership or control of an adult business"

includes any of the following:

The sale, lease, or sublease of the business;

The transfer of securities or other interests which constitute a controlling interest in the business, whether by sale, exchange, or similar means, with or without consideration;

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

"Youth organization"

means any building used primarily for meetings as a social, educational or athletic club or group composed primarily of persons under the age of 18 years.

(Prior code § 8821.1)

A. No person shall operate or establish an "adult business" as defined in this Code, in any area within the City of Lompoc, except the PCD, C-2, or CO zones. Notwithstanding any provision herein to the contrary, and regardless of the zoning designation that may be applicable, no adult business shall be permitted in the Old Town Lompoc Redevelopment Project Area, as established by the Redevelopment Enabling Plan for the Project adopted by the City pursuant to Ordinance No. 1213(84), the boundaries of which are on file in the City Clerk's Office and the City's Community Development Department.

B. No building permit or zoning clearance, business tax certificate, adult business regulatory permit, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in any zone of the City except the PCD, C-2, or CO zones.

C. In addition to the requirement of obtaining an adult business regulatory permit, any adult business proposed to be operated or established in the PCD, C-2, or CO zones shall be subject to the following restrictions:

1. No adult business shall be established or operated at any location closer than 500 feet to the following uses:

a. Religious institutions;

b. Public parks, recreation areas or youth organizations;

c. Schools;

d. Another adult business.

2. For purposes of this Chapter, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the unit or structure containing or proposed to contain the adult business to the nearest property line or zone enumerated in this Section.

3. For purposes of this Chapter, the distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the unit or structure in which each adult business is located or to be located.

4. An adult business shall not be operated in any building, structure, or portions thereof containing another adult business or use as defined in this Chapter. Each adult business defined in Section 5.40.020 shall constitute a separate business for purposes of this Chapter.

(Prior code § 8821.2; Ord. 1673(20) § 43)

A. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City of Lompoc unless the person first obtains, and continues to maintain in full force and effect, an adult business regulatory permit pursuant to Section 5.40.050 herein. The adult business regulatory permit shall be subject to the development and performance standards contained in Section 5.40.100.

B. The City Manager, or designee, shall grant, deny, renew, suspend, revoke, and transfer adult business regulatory permits in accordance with these regulations.

C. Applicants for adult business regulatory permits shall file a written, signed and verified application or renewal application on a form provided by the City Manager. Such application shall contain the following information and be accompanied by the following documents:

1. Adult business regulatory permits are nontransferable, except in accordance with Section 5.40.060. Therefore, all applications shall include the following information:

a. 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.

b. 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.

c. 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.

2. 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 a ten percent or greater interest in the business entity shall sign the application.

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

4. A description of the type of adult business for which the Permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site.

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

6. The names of all employees required by Section 5.40.070 to obtain an adult business employee license (for ongoing reporting requirements see Section 5.40.070(A).

7. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult 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 six inches.

8. A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult business, and: (a) any structures containing existing adult businesses within 500 feet of the closest exterior wall of the building in which will be located the adult business for which a permit is requested; and (b) the property lines of any religious institution, school, public park, recreation area or youth organization within 500 feet of the closest exterior wall of the building proposed to house the adult business.

9. A diagram of the off-street parking areas and premises entries of the adult business, showing the location of the lighting system required by Section 5.40.100(C).

D. The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the City Council.

E. If the City Manager, or designee, determines that the applicant has completed the application improperly, the City Manager, or designee, shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the City Manager, or designee, 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.

F. 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 business regulatory permit.

(Prior code § 8821.3; Ord. 1673(20) § 42)

A. Upon receipt of a completed application and payment of the application and permit fees, the City Manager, or designee, shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult business regulatory permit.

B. Within 30 days of receipt of the completed application, the City Manager, or designee, 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, or designee, 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, or designee, shall attach to the application a statement of the reasons for denial and refund the annual permit fee.

3. If the application is granted, the City Manager, or designee, shall attach to the application an adult business regulatory permit.

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

C. The City Manager, or designee, shall grant the application and issue the adult business regularity permit upon findings that the proposed business meets the locational criteria of Section 5.40.020 and that the applicant has met all of the development and performance standards and requirements of Section 5.40.100, unless the application is denied for one or more of the reasons set forth in Subsection E of this Section. The permittee shall post the permit conspicuously in the adult business premises.

D. If the City Manager, or designee, grants the application or if the City Manager, or designee, neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 5.40.040(F)), the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 5.40.100.

E. The City Manager, or designee, 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 business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City 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 regulatory permit or in any report or record required to be filed with the Police Department, Sheriff, other department of the City, or other law enforcement agency.

3. On the date that the business for which a permit is required commences, and thereafter, no responsible adult will be on the premises to act as manager at all times during which the business is open.

4. An applicant is under 18 years of age.

5. The required application fees have not been paid.

F. If a person applies for an adult business regulatory permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there have been no changes in circumstances that can reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the City Manager, or designee, shall deny the application.

G. Each adult business regulatory 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 Annual permit fee 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.

(Prior code § 8821.4; Ord. 1673(20) § 42)

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

B. A permittee shall not transfer ownership or control of an adult business or transfer an adult business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City Manager, or designee, 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, or designee, in accordance with Section 5.40.040, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Manager, or designee, determines in accordance with Section 5.40.050 that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the City Manager, or designee, 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.

(Prior code § 8821.5; Ord. 1673(20) § 42)

A. No person shall be employed in an adult business to engage in or participate in any live performance, without a valid adult business employee license issued by the City. All persons who have been issued an adult business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 5.40.040, with the names of all employees required to obtain an adult business employee license, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult business regulatory permit.

B. The City Manager, or designee, shall grant, deny and renew adult business employee licenses.

C. The application for a license shall be made on a form provided by the City Manager, or designee. An original and two copies of the completed and sworn license application shall be filed with the City Manager, or designee.

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;

5. Present business address and telephone number;

6. State driver's license or identification number;

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

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

9. 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 nonrefundable application fee and an annual license fee. The license fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the City Council.

F. Upon receipt of an application and payment of the application and license fees, the City Manager, or designee, shall immediately stamp the application as received and promptly investigate the application.

G. If the City Manager, or designee, determines that the applicant has completed the application improperly, the City Manager, or designee, shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the City Manager, or designee, to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

H. Within 30 days after receipt of the application, the Police Department shall report to the City Manager, or designee, and the City Manager, or designee, shall grant or deny the application and so notify the applicant as follows:

1. The City Manager, or designee, 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, or designee, shall attach to the application a statement of the reasons for denial and refund the annual license fee.

3. If the application is granted, the City Manager, or designee, shall attach to the application an adult business employee license.

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

I. The City Manager, or designee, shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in Subsection K of this Section.

J. If the City Manager, or designee, grants the application or if the City Manager, or designee, neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Subsection G of this Section), the applicant may begin employment in the capacity for which the license was sought.

K. The City Manager, or designee, 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 license or in any report or document required to be filed with the application;

2. The applicant is under 18 years of age;

3. The adult business employee license is to be used for employment in a business prohibited by State or City law.

L. Each adult business employee license shall expire one year from the date of issuance and may be renewed only by filing with the City Manager, or designee, a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed. Applications for renewal shall be acted on as provided herein for applications for licenses.

(Prior code § 8821.6; Ord. 1673(20) § 42)

An adult business regulatory permit or adult business employee license may be suspended or revoked, as found necessary to assure the preservation of the public health and safety, in accordance with the procedures and standards of this Section.

A. On determining that grounds for permit or license revocation exist, the City Manager, or designee, shall furnish written notice of the proposed suspension or revocation to the permittee or licensee. Such notice shall set forth the time and place of a hearing, 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 licensee, or shall be delivered to the permittee or licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Manager, but at minimum shall include the following:

1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

2. 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.

3. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

4. The City Manager's decision may be appealed in accordance with Section 5.40.090.

B. A permittee or licensee may be subject to suspension or revocation of his or her permit or license, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee or licensee, or an employee, agent, partner, director, stockholder, or manager of the permittee:

1. The building, structure, equipment, or location used by the adult business fails to comply with all applicable building, fire, electrical, plumbing, health, and zoning requirements of the Lompoc Municipal Code, all applicable State and Federal requirements of a similar nature which are customarily enforced by the City, and all provisions of these regulations and this Code relating to adult businesses, including the adult business development and performance standards contained in Section 5.40.100.

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

3. An adult business has been operated without a responsible adult on the premises, officially acting in the capacity of manager, at all times during which the business is open or operating.

4. The permittee, employee, agent, partner, director, stockholder, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business, or a licensee has been convicted of violating any of the following State laws on the premises of the adult business or arising out of the course and scope of his or her employment:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

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

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

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

e. 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;

f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code.

5. Failure to abide by any disciplinary action previously imposed by an appropriate City official.

C. After holding the hearing in accordance with the provisions of this Section, if the City Manager, or designee, finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, he or she shall impose one of the following:

1. A warning;

2. Suspension of the permit or license for a specified period not to exceed six months;

3. Revocation of the permit or license.

(Prior code § 8821.7; Ord. 1673(20) § 42)

After denial of an application for an adult business regulatory permit or an adult business employee license, or after denial of renewal of a permit or license, or suspension or revocation of a permit or license, the applicant or person to whom the permit or license was granted may seek prompt review of such administrative action by the City Council by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this Code.

(Prior code § 8821.8; Ord. 1673(20) § 18)

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 of Lompoc.

B. No adult 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. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

C. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Community Development Department.

D. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any existing noise restrictions or standards which may be adopted by the City of Lompoc. The premises within which the adult 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. The building entrance to an adult 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. No person under the age of 18 years shall be permitted within the premises at any time.

F. The adult business shall not be located, in whole or in part, within any portable structure.

G. The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the Zoning Ordinance.

H. The adult business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.

I. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

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

K. Except as specifically provided in this Section, the adult business shall comply with the zoning, parking, signage, development and design standards applicable to the zone in which the business is located.

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

M. Except as otherwise required by law for adult motion picture theaters, and except as provided in Subsection N of this Section with regard to adult arcades, all areas of the adult business accessible to patrons shall be illuminated to a minimum level of 20 foot-candles, minimally maintained and evenly distributed at ground level.

N. The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):

1. Upon application for an adult business regulatory permit for an adult arcade, 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, 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 with no dimension greater than eight feet. The diagram shall also designate the place at which the adult business regulatory permit will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade to an accuracy of plus or minus six inches.

2. No alteration in the configuration or location of a manager's stations may be made without the prior approval of the City Manager, or designee.

3. It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the adult arcade.

4. The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

5. It shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to these regulations.

6. No individual viewing area may be occupied by more than one person at any one time. "Individual viewing area" shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

7. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and is visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.

8. The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

9. It shall be the duty of the owner(s) and also the duty of all employees present at the adult arcade to ensure that the illumination described above is maintained at all times that any patron is present in the adult arcade.

O. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

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

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

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

4. The adult 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 business shall provide a minimum three-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 acting within the scope of their employment, 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.

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

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

1. Adult 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 businesses may be required if it is determined by the Chief of Police that their presence is necessary in order to prevent any of the conduct listed in Section 5.40.080(B)(4) 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.

(Prior code § 8821.9; Ord. 1673(20) § 42)

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Community Development Department, or other City departments or agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult businesses, at any time it is occupied or opened for business. A person who operates an adult 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 opened for business.

(Prior code § 8821.10)

The provisions of this Chapter regulating adult 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 of Lompoc; provided, however, that the provisions contained in Title 5 of the Lompoc Municipal Code relating to Amusements, Chapters 5.16 through 5.28, shall be deemed superseded by these regulations in the event a business activity meets the definitions contained herein and in Title 5.

(Prior code § 8821.11)

Any firm, corporation, or person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of these provisions regulating adult businesses shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.

(Prior code § 8821.12)

In addition to the penalties set forth in Section 5.40.130 of this Chapter, any adult business which is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Prior code § 8821.13)