Maywood Municipal Code Ch. 32 Adult Dancing Establishments, Adult Entertainment Establishments And…

This chapter may be cited as the Maywood Adult Business Ordinance.

(§ 1, Ord. 98-452, eff. April 9, 1998)

It is the purpose and intent of this chapter to provide for the orderly regulation of the business of adult entertainment and adult entertainers, as defined herein, in the City of Maywood by establishing certain minimum standards for the conduct of this type of business to protect the public order and the general welfare of the residents of the City of Maywood. It is not the purpose of this chapter to stifle creative speech of any person in the City of Maywood.

(§ 1, Ord. 98-452, eff. April 9, 1998)

The business of adult entertainment is hereby designated as "police regulated." The Police Chief of the City of Maywood shall be responsible for overseeing compliance with this chapter.

(§ 1, Ord. 98-452, eff. April 9, 1998)

Whenever used in this chapter, the following words and phrases shall have the meaning set forth below:

(a) "Adult dancing establishment" is any place where an "adult entertainer" provides services to paying customers, including, but not limited to, talking, reading, listening, singing, posing, walking, dancing, or wrestling or simulating, but not actually engaging in, any "specified sexual activity."

(b) "Adult entertainment business" shall mean any establishment, dance hall, theatre, cinema, or business where any individual, firm, association, partnership, corporation, limited liability company, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on "adult entertainment." It also includes an "adult dancing establishment" and businesses that sell "adult materials" in the form of books, magazines, posters, films, videotapes, or multimedia, such as, but not limited to CD-ROM, that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas."

(c) "Adult entertainment" shall mean any activity where a person in a state of partial undress provides entertainment for a paying audience, including, but not limited to, simulation, but not actual performance of, "specified sexual activities", talking, reading, listening, singing, posing, walking, dancing, or wrestling.

(d) "Adult entertainer" shall mean any person who gives or provides to another person, for any form of consideration whatsoever, "adult entertainment" as defined in this chapter.

(e) "Adult material" shall mean printed materials, films, videotapes, multimedia, such as CD-ROM, that depict, describe, or relate to "specified sexual activities" or "specified anatomical areas."

(f) "License" shall mean the business license required to lawfully operate an "adult dancing establishment" or an "adult entertainment business" required by this chapter.

(g) "Nude" shall mean devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person.

(h) "Permit" shall mean the permit required by a person to lawfully engage in the activities of an "adult entertainer."

(i) "Specified sexual activities" means and includes any of the following:

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

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

(3) Masturbation, actual or simulated; or

(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (4) of this definition.

(j) "Specified anatomical areas" means and includes any of the following:

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

(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.

(§ 1, Ord. 98-452, eff. April 9, 1998)

(a) Fees. A permit is required for any person desiring to work as an adult entertainer. In order to obtain said permit, any person may submit an application to the Chief of Police, or his designated representative, with an annual nonrefundable fee of Fifty and no/100ths ($50.00) Dollars, which shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this chapter. An annual nonrefundable renewal fee of Fifty and no/100ths ($50.00) Dollars shall be charged to defray associated costs of investigation and enforcement. Permits issued under this provision shall be valid for one year from the date of issuance.

(b) Required information. Each applicant for a permit to act as an adult entertainer shall furnish the following information, signed under penalty of perjury, to the Chief of Police:

(1) The full true name and any other names used by the applicant;

(2) The present address and telephone number of the applicant;

(3) Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates of each such address;

(4) Written proof that the applicant is at least eighteen (18) years of age;

(5) Applicant's height, weight, color of eyes and hair;

(6) Two (2) photographs of the applicant of a size specified by the Chief of Police taken within the last six (6) months immediately preceding the date of application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the permit;

(7) Applicant's business, occupation and employment history for the three (3) years immediately preceding the date of application;

(8) The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency or board, City, County or State revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor;

(9) All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions;

(10) The establishment or business locations, if any, at which the applicant expects to be employed;

(11) Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application;

(12) The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(c) Processing time. The Chief of Police shall have a reasonable time, not to exceed sixty (60) days, in which to investigate the application and background of the applicant.

(d) Grounds of rejection. A permit shall be issued within sixty (60) days of receipt of the application to any applicant who has furnished all of the information required by this section in the application for such permit, unless:

(1) The applicant has knowingly made a false or misleading statement of a material fact or omission in the application for the permit; or

(2) The applicant has within five (5) years immediately preceding the date of the filing of the application been convicted of any of the following offenses: 315, 316, or subdivisions (a) or (b) of Section 647 of the California Penal Code, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Section 415 of the California Penal Code in satisfaction of, or as a substitute for an original charge of a violation of Sections 315, 316 or subdivision (a) or (b) of Section 647 of the California Penal Code; any offense which requires registration as a sex offender with the Chief of Police under Penal Code Section 290; any offense in another state which if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; or any statute, ordinance or regulation pertaining to the same or similar business operation; or

(3) The applicant has had a massage technician, massage establishment, off-premises massage establishment, adult dancing establishment, adult entertainment business, escort service, rap parlor, nude photo studio or similar type of license or permit suspended for one year or more, or revoked for good cause within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or mitigating circumstances exist since the revocation or suspension; or

(4) The applicant is under eighteen (18) years of age.

(e) Permit not a license. A permit to act as an adult entertainer does not authorize the operation of an adult dancing establishment, or an adult entertainment business. Any person obtaining a permit to act as an adult entertainer who desires to operate an adult entertainment business must separately apply for a license therefor. A person who applies for a license to operate an adult entertainment business and who desires to act as a adult entertainer within said business, who pays the fee required by Section 5-32.05 of this chapter, shall not be required to pay the fee required in this section.

(§ 1, Ord. 98-452, eff. April 9, 1998)

No person, association, partnership, corporation, or limited liability company shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult entertainment business unless each and all of the following requirements are met;

(a) Application process/Fees. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the City Administrator. A non-refundable fee in the amount of One Hundred and no/100ths ($100.00) Dollars shall accompany each application. Such application shall contain:

(1) Name. The legal name, aliases and residential address (other than post office box) of applicant.

(2) Business address. The complete name and business address of the applicant.

(i) If the applicant is a corporation or a limited liability company ("LLC"), the name shall be exactly as set forth in its articles of incorporation. The applicant shall provide the date of its incorporation, and evidence that the corporation or LLC is in good standing under the laws of the State of California. The applicant shall show the name and residence address of each of the officers, directors, member, and managers, and each stockholder owning no less than five (5%) percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process;

(ii) If the applicant is a partnership, whether the partnership is general or limited, the application shall show the name and residence address of each of the partners and a copy of the partnership agreement, if any;

(iii) If the applicant is owned or operated by an individual, he/she must sign the application for a permit as applicant. If the adult business is owned or operated by other than an individual, each individual who has a five (5%) percent or greater interest in the business must sign the applicant for a permit as applicant. If the adult business is owned or operated by a corporation, each individual having a five (5%) percent or greater interest in the corporation must sign the applicant for a permit as applicant; and

(3) Fictitious business name. If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he/she must:

(i) State the adult business's fictitious name; and

(ii) Submit the required registration documents.

(4) Fingerprints. The applicant's fingerprints on a form provided by and in a manner prescribed by the police department and a two (2″) inch by two (2″) inch (minimum size) portrait photograph, taken within the sixty (60) days immediately prior to the date the application is filed, of the applicant(s). Any fees for the fingerprints and photographs shall be paid by the applicants.

(5) Identification numbers. The applicant's driver's license number, Social Security number and his/her state or federally issued tax identification number.

(6) Convictions. Whether the applicant or any of the other individuals listed has, within the two (2) or five (5) year period immediately preceding the date of the application, been convicted of a "specified criminal act," and, if so, the "specified criminal act" involved, the date, place, nature of each conviction or plea or nolo contendere and the identity of the convicting jurisdiction.

(7) Business description. A detailed description of the operation, type, and services or entertainment to be provided by the adult business and the number of persons engaged in the business.

(8) Permit display. Each person employed or acting as an adult entertainer shall have a valid permit issued pursuant to the provisions of this chapter, and it shall be unlawful for the owner, operator, responsible managing employee, manager or permittee in charge of or in control of an adult dancing establishment, or an adult entertainment business to employ or permit any person to act as an adult entertainer who is not in possession of a valid, unrevoked permit, which permit shall be prominently displayed on the premises with the permit required of the business.

(9) License not a permit. The possession of a valid license does not authorize the possessor to perform services for which a permit is required.

(10) Minors prohibited. It shall be unlawful for any employer, owner, operator, responsible managing employee, manager or permittee of an adult dancing establishment, or adult entertainment business to allow any person below the age of eighteen (18) years upon the premises or within the confines of any such establishment or business. The purchase or viewing of X-rated movies, videotapes, CD-ROMs or other multimedia shall be restricted to persons over eighteen (18) years of age.

(11) Hours of operation. Adult dancing establishments and adult entertainment business shall be conducted or in operation only between the hours of 8:00 a.m. and midnight.

(12) Proximity to customers/tipping. No adult entertainer shall dance with, against, on top of, or otherwise be within ten (10′) feet of a patron while performing for compensation or while on licensed premises. No adult entertainer shall accept money, tips or any gratuity directly from any patron. Patrons may, however, give gratuities to a pool that will be shared by all adult entertainers.

(13) License-holder/adult entertainer respon-sibility. No license holder for an adult dancing establishment or adult entertainment business shall permit or allow at licensed premises any patron to approach within ten (10′) feet of an adult entertainer, or permit or allow an adult entertainer to approach within ten (10′) feet of a customer. License-holders and/or adult entertainers shall be held responsible for any violations of this chapter.

(14) Employee covering. All employees of an adult dancing establishment or an adult entertainment business entertainment businesses, other than adult entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region, and the breasts of a female including the areola thereof.

(15) Restrictions on location. No adult dancing establishment or adult entertainment business shall be located within 100 feet from the exterior wall of any church, school, hospital, residential zones, regardless of whether such dwelling is a single unit or multi-unit dwelling, or other adult dancing establishment or adult entertainment business. Adult dancing establishments and/or adult entertainment business may only be located in areas zoned as a General Commercial Zone or an Industrial Zone.

(16) Lighting requirements. All exterior and interior areas of the adult business shall be illuminated at a minimum of 1.00 foot-candles, minimally maintained and evenly distributed at ground level, throughout the premises.

(17) Access provision. The operator of any adult dancing establishment or adult entertainment 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 officer.

(18) On-site manager. All adult dancing establishment or adult entertainment business shall have a responsible person who shall be at least eighteen (18) years of age, or at least twenty-one (21) years of age if the business has a permit from ABC, and shall be on the premises to act as manager at all times during which the business is open. The individual or individuals designated as the on-site manager shall be registered with the City's Zoning Administrator by the owner to receive all complaints and be responsible for all violations taking place on the premises.

(19) Security measures. The adult business shall provide a security system that visually records and monitors all parking lot areas and uniformed security guards to patrol and monitor 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 two (2′) feet by three (3′) feet and shall at a minimum be one foot by one and a half (1-1/2′) feet.

(§ 1, Ord. 98-452, eff. April 9, 1998)

An adult entertainment business permit or an adult entertainer's license may be suspended or revoked in accordance with the procedures and standards of this section.

(a) Notice of pending action. On determining that grounds for license suspension or revocation exist, the City Administrator shall furnish a written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of the hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, certified mail return receipt requested, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Administrator, 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.

(2) Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The rules of evidence shall not apply.

(b) Suspension/revocation. After an investigation, notice and hearing, the City Administrator may suspend or revoke an existing adult entertainers license or adult business permit, if based upon the evidence it is found that one or more of the following conditions exist:

(1) The building, structure, equipment and location used for the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Maywood. In the event of such statute, code, ordinance or regulation violation, the City, or its designee, shall allow the licensee a seven (7) working day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven (7) working day period, the City, or its designee, shall forthwith suspend the license and shall note the licensee of the suspension. The suspension shall remain in effect until the violation has been corrected;

(2) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material facts in the application for a license, or in any report or record required to be filed with the police department, or other department of the City;

(3) The licensee has had any type of adult business permit revoked by any public entity within two (2) years of the date the license was issued;

(4) The licensee, manager or any agent or employee of the licensee or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject adult business or of any sex-related crime after the date of issuance of the adult business permit for said business;

(5) An adult business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred;

(6) The subject adult business has employed minors;

(7) The licensee, his or her employee, agent, partner, director, officer, stock holder or manager has violated any provision of this chapter;

(8) The licensee, manager or any agent or employee of the licensee or manager refused to allow the lawful inspection of the premises;

(9) Failure to abide by a disciplinary action previously imposed by a City official.

(c) Penalty. After holding the hearing in accordance with the provisions of this section, if the City Administrator finds and determines that there are grounds for disciplinary action, based on the severity of the violation, the City Administrator shall impose one of the following:

(1) A warning;

(2) Suspension of the license for a specified period not to exceed six (6) months;

(3) Revocation of the license.

(d) Revocation term. Once a license is revoked, the revocation shall continue for one year and the licensee shall not be issued an adult business or performer's license for one year from the date the revocation became effective. If, subsequent to revocation, the City Administrator finds that the basis for revocation under this chapter has been corrected, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date revocation became effective.

(§ 1, Ord. 98-452, eff. April 9, 1998)

(a) Violation constitutes a misdemeanor. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(b) Other legal actions. Nothing herein shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the Court against the adult business.

(c) Code enforcement not precluded. Further, nothing in this section shall be construed to prohibit the City from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the State of California and the City of Maywood.

(d) Separate offenses. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

(e) Additional restrictions. Any adult business shall be subject to the following restrictions:

(1) A person commits a misdemeanor if he/she operates or causes to be operated an adult business.

(2) A person commits a misdemeanor if he/she causes or permits the operation, establishment, or maintenance of more than one adult business within the same building, structure, or portion thereof or causes substantial enlargement of any adult business in any building, structure or portion thereof containing another adult business.

(3) A person commits a misdemeanor if he/she operates or causes to be operated an adult business, regardless of whether or not a license has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable State statute or local ordinance.

(4) A person commits a misdemeanor if he/she operates or causes to be operated an adult business, regardless of whether or not a license has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances of "specified sexual activities" or "specified anatomical areas" at such adult business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such adult business.

(5) A person commits a misdemeanor if he/she operates or causes to be operated an adult business, regardless of whether or not a license has been issued for said business under this chapter, and allows such 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 12:00 a.m. and 8:00 a.m. of any particular day.

(6) A person commits a misdemeanor if, working as an employee of an adult business, regardless of whether or not a license has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service, between the hours of 12:00 a.m. and 8:00 a.m. of any particular day.

(7) A person commits a misdemeanor if he/she operates or causes to be operated an adult business, regardless of whether or not a license has been issued for said business under this chapter, and said person knows that or should know that:

(i) The business does not have an adult business permit under this chapter for any applicable classification;

(ii) The business has a permit which has been revoked; or

(iii) The business has a permit which has expired.

(8) It is a defense to the prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:

(i) A proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation;

(ii) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(iii) In a structure (1) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; (2) where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and (3) where no more than one nude model is on the premises at any one time.

(9) It is a defense to the prosecution for a violation of this chapter that an employee of an adult business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a rest room, or during the employee's bona fide use of a dressing room which is accessible only to employees.

(§ 1, Ord. 98-452, eff. April 9, 1998)

A change of location of a licensed adult dancing establishment or an adult entertainment business shall be approved by the Chief of Police provided all applicable provisions of this chapter are complied with and a nonrefundable change of location fee of One Hundred and no/100ths ($100.00) Dollars has been paid to the Chief of Police, and the new location complies with all applicable zoning, health, fire and safety codes.

(§ 1, Ord. 98-452, eff. April 9, 1998)

Thirty (30) days after the sale or transfer of any interest in an adult dancing establishment or an adult entertainment business, any license heretofore issued shall be null and void. A new application shall be made by any person, firm, or entity desiring to own or operate an adult dancing establishment or an adult entertainment business. A One Hundred and no/100ths ($100.00) Dollars fee shall be payable for each such application involving the sale or transfer of any interest in an existing entertainment business. The provisions of Section 5-32.08 of this chapter shall apply to any person, association, partnership, corporation, or limited liability company applying for a license to operate an adult dancing establishment or an adult entertainment business for premises previously used as such businesses.

(§ 1, Ord. 98-452, eff. April 9, 1998)

An adult dancing establishment licensed under this chapter shall observe the following special requirements:

(a) Stage configuration. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least eighteen (18″) inches above the level of the floor which is separated by a distance of at least ten (10′) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10′) feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the adult entertainment business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult entertainment business.

(b) Separate dressing rooms. The adult entertainment business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

(c) Separate exit/entrance. The adult entertainment business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

(d) Sufficient access. The adult entertainment 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 entertainment business shall provide a minimum three (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.

(e) No contact. No entertainer, either before, during or after the 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 only apply to physical contact on the premises of the adult entertainment business.

(f) Rails. Fixed rail(s) at least thirty (30″) inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

(g) No gratuity. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron. Patrons may, however, give tips into a pool which is shared by all the entertainers.

(h) Coverage. No owner or other person with managerial control over an adult entertainment business shall permit any person on the premises of the adult entertainment 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, and/or the female breast 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.

(§ 1, Ord. 98-452, eff. April 9, 1998)

A theater or cinema providing adult entertainment or displaying adult materials shall observe the following special requirements:

(a) Configuration. If the theater or cinema contains a hall or auditorium area, the area shall comply with each of the following provisions:

(1) Have individual, separate seats, and not couches, benches, or similar communal seating, to accommodate the maximum number of persons who may occupy the area;

(2) Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and

(3) Have a sign posted in a conspicuous place at or near each entranceway to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(b) Outdoor exhibits. If a theater or cinema providing adult entertainment or exhibiting adult materials is designed to permit outdoor viewing by persons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those persons may not be seen from any public right-of-way, property zoned for residential use, religious assembly, school, public or private, or park or recreation area.

(§ 1, Ord. 98-452, eff. April 9, 1998)