Martinez Municipal Code Art. 3 Application and Permits

It shall be unlawful for any person to engage in, conduct, establish, carry on, or to permit to be engaged in, conducted, established or carried on, in or upon any premises in the City of Martinez, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect both an adult-oriented business permit and a business license from the City of Martinez.

No adult-oriented business may be established within the City of Martinez by right. All persons wishing to establish an adult-oriented business within the City must first apply for and receive an adult-oriented business permit pursuant to this Chapter.

It is the burden of the applicant for an adult-oriented business permit to supply sufficient evidence to justify the grant of an adult-oriented business permit.

(Ord. 1339 C.S. § 3, 2007)

A. Application submittal. Any person desiring to operate or establish an adult-oriented business within the City of Martinez shall file with the Community Development Department an adult-oriented business permit application on a standard application form supplied by the Community Development Department.

B. 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 and current addresses 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, addresses and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;

4. The notarized signature of the property owner and proof of ownership;

5. A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council;

6. Signed statement by the applicant verifying that applicant intends to and will comply with all adult-oriented business development standards of this Chapter;

7. A description of the adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of all the owners and lessors of the adult-oriented business site;

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

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

10. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches;

11. A straight-line drawing prepared within 30 calendar days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and: (a) the property line of any residential zone or use within 300 feet of the primary entrance of the adult-oriented business, (b) the property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a business permit is requested, and (c) the property lines of any church, school, park or playground within 1,000 feet of the primary entrance of the adult-oriented business;

12. 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 this Chapter.

C. 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 10% or greater interest in the business entity shall sign the application.

D. 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.

E. All applicants for an adult-oriented business permit must also fill out the City's environmental information form for purposes of complying with the California Environmental Quality Act ("CEQA").

F. The Community Development Director or his or her designee shall determine whether the application contains all the information required by the provisions of this Chapter. If it is determined that the application is not complete, the applicant shall be notified, in writing, within 30 days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application automatically void. Within 30 days following the receipt of an amended application or supplemental information, the Community Development Director or his or her designee shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within 10 days of the date the application is found to be complete. All notices required by this Chapter shall be deemed given upon the date that they are either deposited in the United States mail or the date upon which personal service of such notice is provided.

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

(Ord. 1339 C.S. § 3, 2007)

A. The Planning Commission ("the Commission") shall grant, conditionally grant or deny an application for an adult-oriented business permit ("permit"). Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zoning district in which the property is located.

B. Upon the filing of a completed application, the Commission shall cause to be made by its own members, or members of its staff, an appropriate investigation, including consultation with the Building, Police, Fire and Health Departments and inspection of the premises as needed. Consultation is not grounds for the City to unilaterally delay in reviewing a completed application.

C. Within 45 days of receipt of the completed application, the Commission shall hold a public hearing on the application for an adult-oriented business permit. Notice of the public hearing shall be given in accordance with California Government Code Section 65091, as the same may be amended from time to time.

D. In reaching a decision on an application for an adult-oriented business permit, the Commission shall not be bound by the formal rules of evidence. 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.

E. The Planning Commission shall render a written decision on the application for an adult-oriented business permit within 60 days of receiving a completed application. The failure of the Commission to render such a decision within this time frame shall be deemed to constitute a denial of the application.

F. The Commission's decision shall be hand-delivered or mailed to the applicant.

(Ord. 1339 C.S. § 3, 2007)

A. Any interested person may appeal the decision of the Commission to the City Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the City Council shall have the authority to direct that the City Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the City Council.

B. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the City Council.

C. The City Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the City Council shall grant, conditionally grant or deny the application. The City Council's decision shall be final and conclusive.

D. In reaching its decision, the City Council shall not be bound by the formal rules of evidence. 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.

(Ord. 1339 C.S. § 3, 2007)

A. The time for court to challenge a decision by the City Council to grant, deny or revoke an adult-oriented business permit is governed by California Code of Civil Procedure Section 1094.6.

B. Notice of the City Council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.

C. The petitioner may seek prompt judicial review of the City Council's action pursuant to California Code of Civil Procedure Section 1094.8.

(Ord. 1339 C.S. § 3, 2007)

Any adult-oriented business permit approved pursuant to this Chapter shall become null and void unless the proposed use is established within 6 months from the date of approval. As to facilities that are a reuse of existing facilities, the adult-oriented business permit shall become null and void unless the proposed use is established within 6 months from the date of approval, unless prior to said expiration date the permittee demonstrates to the satisfaction of the Planning Commission that the applicant has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of 2 6-month extensions.

(Ord. 1339 C.S. § 3, 2007)

A. The Commission or City Council shall approve or conditionally approve an application for an adult-oriented business permit where the information submitted by the applicant substantiates all of the following findings:

1. That the applicant is over the age of 18 years; and

2. That the required application fee has been paid; and

3. That the proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable development standards of this Chapter; and

4. That the proposed site is not located within a 300-foot radius from any existing residential zone or use. The distance between a proposed adult-oriented business use and a residential zone or use shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the 2 points; and

5. That the proposed site is not located within 1,000 feet of any other adult-oriented business as defined in this Chapter which is located either inside or outside the jurisdiction of the City of Martinez. The distance between the 2 adult-oriented business uses shall be measured between the nearest exterior wall of the facility housing the adult-oriented business use and proposed adult-oriented business use along a straight line extended between the 2 uses; and

6. That the proposed site is not located within 1,000 feet from any existing park, playground, church or school uses or property zoned recreational facilities (RF). The distance between a proposed adult-oriented business use and park, playground, church or school uses or property zoned recreational facilities (RF), shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the park, playground, church or school use or property zoned recreational facilities (RF) is located, along a straight line extended between the 2 points; and

7. That the proposed site is not located within 300 feet of a residential zoning district or use or within 1,000 feet of a park, playground, church or school use located in or property designated for such use in the general plan land use element of an adjacent jurisdiction; and

8. That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past 4 years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

B. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zoning district in which the property is located.

(Ord. 1339 C.S. § 3, 2007)

A. As a further condition of approval of every adult-oriented business permit issued pursuant to this Chapter, every owner or operator of an adult-oriented business shall register every employee with the Police Department within 5 business days of the commencement of the employee's period of employment at the adult-oriented business.

B. Each employee shall be required to provide 2 recent color passport-quality photographs and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted by the Police Department for purposes of identification. In addition, each new employee shall provide the following information in a form provided by the Police Department:

1. Name, current resident address, telephone number; and

2. Date of birth; and

3. Social Security number; and

4. Height, weight, color of eyes and hair; and

5. Stage name, if applicable, and other aliases used within the previous 2 years.

C. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose such registration for inspection by any Police Officer for the purposes of determining compliance with the requirements of this Section.

D. Failure to register each new employee within 5 days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the adult-oriented business permit and may be considered grounds for suspension or revocation of the permit.

(Ord. 1339 C.S. § 3, 2007)

A. It shall be unlawful for any operator or employee of an adult-oriented business to allow such adult business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any day.

B. 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 Martinez.

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

D. All off-street parking areas and other exterior areas 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 1 footcandle of light evenly distributed at ground level. The required lighting level is established in order to provide sufficient illumination of the parking areas, walkways and outdoor areas 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.

E. The operator of an adult-oriented business shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement official.

F. The adult-oriented business shall post in plain view inside the front portion of the business, a sign, in 2-inch print which shall reference California Penal Code Section 314 which shall read as follows:

G. All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms and customer changing rooms, if any, 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 additional 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 and customer changing rooms. Rest rooms and customer changing rooms may not contain video reproduction equipment. If the premises has 2 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 1 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 (H)(1) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

3. No viewing room or changing room may be occupied by more than 1 person at any 1 time.

4. The walls or partitions between viewing rooms or booths, changing rooms, rest rooms and stalls or spaces contained therein shall be maintained in good repair at all times, with no holes between any 2 such rooms such as would allow viewing from 1 booth or room into another or such as to allow physical contact of any kind between the occupants of any 2 such booths or rooms.

5. Customers, patrons or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing, shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the rest rooms. 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; instances of such conditions may justify suspension or revocation of the adult-oriented business permit.

I. All interior areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, adequately 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-oriented material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this Section shall not apply to an adult-oriented business which deals exclusively with sale or rental of sexually oriented material or merchandise which is not used or consumed on the premises 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 employee, owner, operator, responsible managing employee, manager or permittee of adult-oriented businesses providing live entertainment shall allow any person below the age of 18 years upon the premises or within the confines of the business if no alcoholic beverage is served, or under the age of 21 if alcoholic beverages are served.

2. No entertainer shall dance with or otherwise be within 4 feet of a patron while performing for compensation or while on the adult-oriented businesses premises. This 4-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

3. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within 4 feet of an entertainer, or permit or allow an entertainer to approach within 4 feet of a patron.

4. All employees, other than entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

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

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

7. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

8. 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 or before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

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

L. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, consistent with the following standards:

1. Adult-oriented businesses featuring live entertainment shall provide at least 1 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. All adult-oriented businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the City's Community Development Director by the owner to receive all complaints and be responsible for all violations taking place on the premises.

3. All adult-oriented businesses shall provide a security system that visually records and monitors the exterior premises of the property including all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed 2 by 3 feet and shall at a minimum be 1 foot by 1 ½ feet.

4. 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.

M. X-rated movies or videos shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays videos or other motion picture media that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said videos shall be located in a specific section of the establishment where persons under the age of 18 shall be prohibited. All access to sexually oriented material or merchandise shall be restricted to persons over 18 years of age.

N. Any and all sexually oriented materials or sexually oriented merchandise discarded by an adult-oriented business shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually oriented materials or sexually oriented merchandise.

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

(Ord. 1339 C.S. § 3, 2007)

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

(Ord. 1339 C.S. § 3, 2007)

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

(Ord. 1339 C.S. § 3, 2007)

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

B. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the 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 Planning Commission in accordance with Sections 9.34.060 and 9.34.080, accompanies the application with a transfer fee as set forth in the schedule of fees established by resolution from time to time by the City Council, and the Planning Commission determines in accordance with Sections 9.34.100 through 160 that the transferee would be entitled to the issuance of an original adult-oriented business permit. Said transfer fee shall be paid in lieu of the filing fee set forth in Section 9.34.080(B)(5).

C. No adult-oriented business permit may be transferred when the permittee has been notified that the business permit has been or may be suspended or revoked.

D. Any attempt to transfer an adult-oriented business permit either directly or indirectly in violation of this Section is hereby declared void, and the adult-oriented business permit shall be deemed revoked.

(Ord. 1339 C.S. § 3, 2007)

A. Any adult-oriented business permit issued pursuant to the provisions of this Chapter may be revoked by the City on the basis of any of the following:

1. That the business or activity has been conducted in a manner which violates 1 or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits for the building in which the use is located set by the Fire Marshal; and

2. That the permittee has misrepresented a material fact in the application for permit or in any report required to be filed with the City or has not answered each question in the application truthfully; and

3. That the permittee has failed to obtain or maintain all required City, County, and state licenses and permits; and

4. That the permit is being used to conduct an activity different from that for which it was issued; and

5. That the building or structure in which the adult-oriented business is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Code; and

6. That the permitted business creates sound levels which violate the noise ordinance of the City; and

7. That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult-oriented business's operation; and

8. That 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:

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

b. Use of the adult-oriented business site as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur, and

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

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

e. Any act constituting a violation of provisions of 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, and

f. Any conduct prohibited by this Chapter;

9. Failure to abide by any action previously imposed by an appropriate City official;

10. That the use for which the approval was granted has ceased to exist or has been suspended for 6 months or more.

B. Written notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least 10 days prior to the hearing.

C. The Planning Commission shall hold a public hearing on the proposed revocation of the permit. Notice of the public hearing shall be given in accordance with California Government Code Section 65091, as the same may be amended from time to time. In reaching a decision on the proposed revocation, the Planning Commission shall not be bound by the formal rules of evidence. 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.

D. The Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zoning district in which the property is located.

E. The Commission's decision shall be in writing, and shall be hand-delivered or mailed to the applicant and mailed to all property owners within 300 feet of the use.

F. The Commission shall make its final decision within 30 days of the public hearing.

G. Any interested person may appeal the decision of the Commission to the City Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the City Council shall have the authority to direct that the City Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the City Council.

H. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the City Council. In reaching its decision, the City Council shall not be bound by the formal rules of evidence. 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.

I. The City Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum, and upon the conclusion of the public hearing, the City Council shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult-oriented business permit. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this Chapter and the underlying zoning district in which the property is located. The City Council's decision shall be final and conclusive.

J. In the event a permit is revoked pursuant to this Chapter, another adult use development permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation.

(Ord. 1339 C.S. § 3, 2007)

Any person who violates any section of this Chapter shall be guilty of a misdemeanor and is subject to a fine and/or imprisonment in accordance with the limits set forth in California Government Code Section 36901, as it may be amended from time to time, or any other legal remedy available to the City.

(Ord. 1339 C.S. § 3, 2007)

The provisions of this Chapter are not intended to provide exclusive regulation of the adult-oriented business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning ordinance, other City ordinances and state and federal law.

(Ord. 1339 C.S. § 3, 2007)

The conduct of any business within the City in violation of any of the terms of this Chapter is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from conducting, operating or maintaining an adult-oriented business contrary to the provisions of this Chapter.

(Ord. 1339 C.S. § 3, 2007)

A. Any adult-oriented business or establishment regulated under the provisions of this Chapter which is a nonconforming use on the effective date of the ordinance codified in this Chapter shall be subject to an amortization period expiring 1 year from the effective date of the ordinance codified in this Chapter.

B. An adult-oriented business or establishment operating as a conforming use with an approved adult-oriented business permit from the City shall not be rendered a nonconforming use by the location of a religious institution or school, within the locational limitations of this Section.

C. The Community Development Department shall provide written notice to the owner (and lessee/operator, if known by reference to City's business license records) at least 120 days prior to the expiration of this amortization period. This notice is not mandatory and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or lessee/operator of the business for an extension of the amortization period shall not be denied on the grounds that it is untimely.

D. Amortization-Application for extension.

1. The owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state:

a. Whether a previous extension has been requested and granted, as well as the date of the previous request; and

b. The efforts that will be made to conform by the conclusion of the extended period.

2. The owner's application shall be made in writing and shall be accompanied by the required fee as established by resolution of the City Council.

3. Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Commission determines that good cause exists for the late filing of the application.

E. Amortization-Decision to grant or deny.

1. The Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. Notice of the public hearing shall be given in accordance with California Government Code Section 65091 as the same may be amended from time to time. In reaching its decision, the Commission shall not be bound by the formal rules of evidence. 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. The Commission shall grant or deny an application for extension of the amortization period. The Commission shall make its decision within 30 days of the filing of the request.

2. In rendering its decision, the Commission shall determine whether the adult-oriented business has been provided with a reasonable amortization period commensurate with the investment involved. If the Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.

3. The Commission shall consider the following factors in making its determination:

a. The adult-oriented business owner's financial investment in the business; and

b. The present actual and depreciated value of business improvements; and

c. The applicable Internal Revenue Service depreciation schedules; and

d. The remaining useful life of the business improvements; and

e. The remaining lease term; and

f. The cost of relocating the business to a site conforming with the provisions of this Section; and

g. The ability of the business and/or land owner to change the use to a conforming use; and

h. The secondary effects of the adult-oriented business on the health, safety and welfare of surrounding businesses and uses if the adult-oriented business is permitted to extend the amortization period.

4. The commission's decision shall be in writing, and shall be hand-delivered or sent by certified mail to the applicant.

F. Amortization-Appeal.

1. Any interested person may appeal the decision of the Commission to the City Council in writing within 10 days after the Commission's written decision. In addition, within 10 days after the Commission's written decision, any member of the City Council shall have the authority to direct that the City Council review the decision of the Commission on the grounds that the individual council member believes that the matter should be decided by the City Council.

2. Consideration of an appeal of the Commission's decision shall be at a de novo public hearing which shall be noticed in the same manner as the public hearing of the Commission and shall occur within 30 days of the filing of the appeal or initiation of review by the City Council.

3. The City Council action on the appeal of the Commission's decision shall be by a majority vote of the quorum. The City Council's decision shall be final and conclusive.

4. In reaching its decision, the City Council shall not be bound by the formal rules of evidence. 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.

G. Amortization-Public nuisance. The City Council declares to be a public nuisance any parcel where an adult-oriented business is operating and where the amortization period as a legal nonconforming use has expired and (1) no application for an extension is on file or has been granted, or (2) no application for an adult-oriented business permit is on file or has been granted.

(Ord. 1339 C.S. § 3, 2007)

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

(Ord. 1339 C.S. § 3, 2007)