Los Banos Municipal Code Art. 4 Miscellaneous Provisions

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other City departments or agencies to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult entertainment businesses at any time it is occupied or opened 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/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)

The provisions of this article 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 of the City of Los Banos.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)

(a) It is unlawful for an 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 article. 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 article. It shall be the responsibility of the permittee and the operator to ensure that each such person employed as a "figure model" shall have first obtained a valid permit pursuant to this article.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)

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 after such time without a permit shall constitute a violation of this chapter.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)

The City Council of the City of Los Banos 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, therefore:

(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 therefor shall permit any person on the premises to perform "specified sexual activities" as defined in Section 11-15.109.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)

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.

(§ 1, Ord. 919, eff. March 19, 1997, as amended by § 20, Ord. 1161, eff. February 17, 2018)