Chapter 7 — ADULT-ORIENTED BUSINESSES

It is the intent of this chapter to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adultoriented businesses in close proximity to each other or proximity 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 chapter 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. (Ord. 697 C.S., passed 3-17-99)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ENTERTAINMENT BUSINESSES. Any of the following:

ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture 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 30% 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.

ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

ADULT CABARET. A nightclub, restaurant, or similar business establishment which:

(1) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities; and/or

(2) Shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% 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.

ADULT HOTEL/MOTEL. 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% 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) Rents, leases, or lets any room more than twice in a 24-hour period.

ADULT MOTION PICTURE THEATER. 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 30% 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.

ADULT THEATER. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

ESCORT BUREAU. A business which, for pecuniary compensation, consideration, hire or reward furnishes or offers to furnish escorts.

MODELING STUDIO. 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. MODELING STUDIO does not include schools maintained pursuant to standards set by the State of California Board of Education. MODELING STUDIO further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities".

ADULT ENTERTAINMENT BUSINESS OPERATOR. The term ADULT ENTERTAINMENT BUSINESS

OPERATOR (hereinafter OPERATOR ) as used in this chapter, shall mean 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 entertainment business or the conduct or activities occurring on the premises thereof.

APPLICANT. 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 ENTERTAINMENT BUSINESS .

BAR. Any commercial establishment licensed by the State of California Department of Alcoholic Beverage Control to serve alcoholic beverages on the premises.

CHURCH. A structure which is used primarily for religious worship and related religious activities.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The term DISTINGUISHED OR

CHARACTERIZED BY AN EMPHASIS UPON as used in this chapter, shall mean and refer 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 where dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

ENTERTAINER. Any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

ESCORT. A person who, for pecuniary compensation, monetary or other consideration, hire or reward:

• (1) Escorts or accompanies others to or about social affairs, entertainment or places of amusement; or

• (2) Keeps company with others about any place or public resort or within any private quarters; or

• (3) Who agrees or offers to privately model lingerie or to privately perform a striptease for another person; or

• (4) Who agrees to provide any service which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.

FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculpted, photographed, or otherwise depicted.

HEALTH OFFICER. A health officer of the city or his or her duly authorized representative.

NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, or buttocks

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 the covered male genitals in a discernible turgid state.

OPERATE AN ADULT ENTERTAINMENT BUSINESS. 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 entertainment business.

PARK. Any city owned, operated, or managed area specifically established for the recreation of the public.

PERMITTEE. The person to whom an adult entertainment business permit is issued.

PERSON. Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

POLICE CHIEF. The Chief of Police of the city or the authorized representative thereof.

REGULARLY FEATURES. With respect to an adult theater or adult cabaret, 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 occurs on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four 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.

SCHOOL. 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. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SPECIFIED ANATOMICAL AREAS. Any of the following:

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

• (2) Human male genitals in a discernible 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) of this definition.

SPECIFIED SEXUAL ACTIVITIES. Any of the following whether performed directly or indirectly through clothing or other coverings:

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

• (2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

• (3) Masturbation, actual or simulated; and

• (4) Excretory functions as part of or in connection with any of the other activities described in this definition.

• (Ord. 697 C.S., passed 3-17-99)

No adult-oriented business shall be established or located in any zone in the city other than the C-2, Heavy Commercial Zone, or the I, Industrial Zone, or within 1,000 feet of certain specified land uses or zones as set forth below:

• (A) No such business shall be established or located within 1,000 feet of any other adult-oriented business.

• (B) No such business shall be established or located within 1,000 feet of any existing residential zone or use, park, church or school.

• (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. 697 C.S., passed 3-17-99)

Any use of real property existing on the effective date of this Code amendment, which does not conform to the provisions of § 10-7.03 but was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for a maximum of five years after the effective date of this chapter. On or after such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the Planning Commission in accordance with § 10-7.05.

(A) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming use 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 § 10-7.03 shall be terminated within five years of the date of annexation unless an extension of time has been approved by the Planning Commission in accordance with the provisions of § 10-7.05.

(Ord. 697 C.S., passed 3-17-99)

The owner or operator of a nonconforming use as described in § 10-7.04 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 § 10-7.03, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such application must be filed with the City Clerk at least 90 days but no more than 180 days prior to the time established in § 10-7.04 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 the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

(C) Hearing procedure. The Community Development Director/City Engineer shall act as a hearing officer on the application in presenting the matter to the Planning Commission. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimony, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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. The decision of the Planning Commission shall be final for appeal purposes pursuant to the Madera Municipal Code.

(D) 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 Planning Commission makes all of the following findings or such other findings as required by law:

(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 of structure cannot be readily converted to another use; and such investment was made prior to the effective date of this Code amendment;

(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 § 10-7.03.

(Ord. 697 C.S., passed 3-17-99)

(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, 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 as herein required.

(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 as herein required.

(Ord. 697 C.S., passed 3-17-99)

Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file a use permit application in accordance with § 10-3.1301 et seq. of this Code with the Community Development Department upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(Ord. 697 C.S., passed 3-17-99)

(A) Adult-oriented business use permits are nontransferable, except in accordance with § 10-7.11. 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.

(B) 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.

(C) 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.

(D) A description of the type of adult-oriented business for which the use permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.

(E) The address to which notice of action on the application is to be mailed.

(F) The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business.

(G) 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 six inches.

(H) 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-oriented business, and:

(1) The property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adultoriented business for which a permit is requested; and

(2) The property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult-oriented business.

(I) 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 § 10-7.16.

(J) If the Community Development Director/City Engineer determines that the applicant has completed the application improperly, or that pertinent information required by § 10-3.1301 et seq. of this Code has not been provided, the Community Development Director/City Engineer 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 Community Development Director/City Engineer to act on the application. The time period for granting or denying a use permit shall be stayed during the period in which the applicant is granted an extension of time.

(K) 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 use permit. (Ord. 697 C.S., passed 3-17-99)

(A) Upon receipt of a completed application and payment of the application and permit fees, the Community Development Director/City Engineer shall immediately stamp the application as received and promptly distribute the application for review and comment by other departments and agencies, and schedule the matter for consideration by the Planning Commission to determine whether the applicant shall be issued an adult-oriented business use permit.

(B) Within 30 days of receipt of the completed application, the Community Development Department shall complete its review, including a background investigation conducted by the Police Department, and shall schedule the application for consideration by the Planning Commission which shall either grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

(1) The Community Development Director/City Engineer shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Community Development Director City Engineer shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Community Development Director City Engineer shall attach to the application an adult-oriented business use permit.

(4) The application as granted or denied and the use 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 Planning Commission shall grant the application and issue the adult-oriented business use permit upon findings that the proposed business meets the locational criteria of § 10-7.03; and that the applicant has met all of the development and performance standards and requirements of § 10-7.16, unless the application is denied for one or more of the reasons set forth in § 10-7.10. The permittee shall post the use permit conspicuously in the adult-oriented business premises.

(D) If the Planning Commission grants the application or if the Planning Commission neither grants nor denies the application within 30 days from the date of receipt of the application from the Community Development Director/City Engineer (except as provided in § 10-7.08 (j), 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 § 10-7.16.

(Ord. 697 C.S., passed 3-17-99)

The Planning Commission shall deny the application for any of the following reasons:

(A) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety law of the city and the State of California, or with the locational or development and performance standards and requirements of these regulations.

(B) 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-oriented business use permit.

(C) An applicant is under 18 years of age.

• (D) The required application fee has not been paid.

(E) The adult-oriented business does not comply with the Zoning Ordinance locational standards, §§ 10-7.03 through 10-7.05.

(F) Renewal. Each adult-oriented business regulatory permit shall expire one year from the date of issuance and may be renewed only by filing with the Community Development Department a written request for renewal, accompanied by the use permit extension fee and a copy of the use permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the use permit. When made less than 30 days before the expiration date, the expiration of the use permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for use permits.

(Ord. 697 C.S., passed 3-17-99)

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

(B) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business use permit to another person unless and until the transferee obtains an amendment to the use permit from the Planning Commission stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Department in accordance with §§ 10-7.08 and 107.09.

(C) No use permit may be transferred when the Community Development Department has notified the permittee that the use permit has been or may be suspended or revoked.

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

(Ord. 697 C.S., passed 3-17-99)

(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, without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business use permit shall promptly supplement the information provided as part of the application for the use permit required by § 10-7.07, with the names of all performers required to obtain an adult-oriented business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adultoriented business use permit.

• (B) The Chief of Police shall grant, deny or renew adult-oriented business performer permits.

• (C) The application for a permit shall be made on a form provided by the Chief of Police. An original and two copies of the completed and sworn permit application shall be filed with the Chief of Police.

• (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) Whether the applicant has ever been convicted of:

• (a) Any of the offenses set forth in Cal. Penal Code §§ 315, 316, 266a, 266b, 266c, 266g, 266h, 266i, 647(a),

• 647(b) and 647(D) 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) State driver's license or identification 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 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.

• (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 Chief of Police shall immediately stamp the application as received and promptly investigate the application.

(G) If the Chief of Police determines that the applicant has completed the application improperly, the Chief of Police shall promptly notify the applicant of such fact and 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 Chief of Police 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. 697 C.S., passed 3-17-99)

(A) Within ten business days after receipt of the properly completed application, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Chief of Police shall attach to the application an adult-oriented business performer 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 residence address stated in the application.

(B) The Chief of Police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (D) of this section.

(C) If the Chief of Police grants the application or if he neither grants nor denies the application within ten business days after it is stamped as received (except as provided in § 10-7.13 (G)), the applicant may begin performing in the capacity for which the license was sought.

(D) The Chief of Police 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;

(2) The applicant is under 18 years of age;

(3) The adult-oriented business performer permit is to be used for performing in a business prohibited by state or city law.

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

(5) The applicant has been convicted of any of the offenses enumerated in § 10-7.12(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. A permit may be issued at the sole discretion of the Chief of Police to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(E) Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration 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 applications for permits. (Ord. 697 C.S., passed 3-17-99)

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

(A) On determining that grounds for use permit revocation exist, the Community Development Director/City Engineer 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 by the Planning Commission, 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 ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Planning Commission, but at a 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. 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 witness. The Planning Commission's decision may be appealed in accordance with § 10-7.15.

(B) A permittee may be subject to suspension or revocation of his performance permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:

(1) 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.

(2) 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 on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:

(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 Cal. Penal Code § 290.

(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Cal. Penal Code §§ 315, 316, or 318 or Cal. Penal Code § 647(b).

(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 Cal. Penal Code §§ 311 through 313.4.

• (f) Any conduct prohibited by this chapter.

• (3) 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 Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Chief of Police shall impose one of the following:

• (1) A warning;

• (2) Suspension of the permit for a specified period not to exceed six months;

• (3) Revocation of the permit.

• (Ord. 697 C.S., passed 3-17-99)

After denial of an application for an adult-oriented business use permit, or after denial of renewal of a performer permit, or suspension or revocation of a permit, the applicant or person to whom a permit was granted may seek review of such administrative action by the procedure in accordance with the provisions of §§ 1-4.01 through 1-4.03 of the Madera Municipal Code. The decision of the City Council after review of such administrative action shall be considered final. The applicant or permittee may then seek prompt judicial review of the City Council's decision in the Superior Court of the County of Madera, in accordance with the County of Madera Consolidated Superior and Municipal Courts Local Rules.

(Ord. 697 C.S., passed 3-17-99)

(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 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) All off-street parking areas and premise entries of the adult-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) An adult-oriented business shall be open for business only between the hours of 8:00 a.m. and 12:00 midnight on any particular day.

(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.

(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 rest rooms. Rest rooms may not contain video reproduction equipment nor any other method of concealed viewing of any kind. 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 in subsection (1) of the section 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 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 booths or rooms.

(5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in any common area of such business who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. 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 conduct the adult-oriented business.

(I) All areas of the adult-oriented business shall be illuminated at a minimum of the following foot candies, minimally 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 Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment or any other method of concealed viewing. The foregoing provisions of this paragraph shall not apply to adult-oriented businesses which deal 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 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 and which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

(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 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, 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 apply only to physical contact on the premises of the adult-oriented business.

(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 (as that term is defined herein) 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 buttocks 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.

(L) 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 Chief of Police that their presence is necessary in order to prevent any of the conduct listed in § 10-7.12 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 as required by applicable provisions of state law. No security guard required pursuant to this subdivision 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 use permit approvals, and failure to comply with each requirement shall be grounds for revocation of the use permit issued pursuant to these regulations.

(Ord. 697 C.S., passed 3-17-99)

(A) Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises. Such register shall be available for inspection during regular business hours by a police officer or health officer of the city.

(Ord. 697 C.S., passed 3-17-99)

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