Millbrae Municipal Code Art. IV Miscellaneous Provisions

An applicant or permittee shall permit representatives of the police department, health department, fire department, community development department, or other city departments or state or county agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult-oriented business, 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/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(1976 Code § 5-23.401; Ord. 665 § 3)

The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Millbrae.

(1976 Code § 5-23.402; Ord. 665 § 3)

It shall be unlawful for any owner, operator, manager, permittee or other person in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit.

(1976 Code § 5-23.403; Ord. 665 § 3)

All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented business performer permit, must apply for and obtain such a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of an adult-oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this chapter.

(1976 Code § 5-23.404; Ord. 665 § 3)

If any section, subsection, division, subdivision, paragraph, subparagraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, divisions, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(1976 Code § 5-23.405; Ord. 665 § 3)