Milpitas Municipal Code Ch. 4 Adult Businesses

It is the purpose and intent of this Chapter to address the significant secondary effects of adult businesses; to regulate adult businesses in order to promote the health, safety and welfare of the community; to reduce or prevent neighborhood blight; to protect and preserve the quality of the City's neighborhoods and commercial districts; to protect the City's retail trade; to maintain property values; to protect and preserve the quality of urban life; and to reduce the incidence of unlawful activity.

(Ord. 245 (part), 5/7/96)

(a) Adult Businesses means any of the following:

(1) Adult Arcade. The term "adult arcade" as used in this Chapter, means any place to which the public is permitted or invited, wherein coin-operated, currency-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(2) Adult Bookstore. The term "adult bookstore" as used in this Chapter, means an establishment that has thirty (30) percent or more of its stock in books, 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.

(3) Adult Cabaret. The term "adult cabaret" as used in this Chapter, means 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 anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear seminude; and/or (3) shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty (30) percent 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.

(4) Adult Hotel/Motel. The term "adult hotel/motel" means a hotel or motel or similar commercial establishment which:

1. Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of any off-premises advertising including but not limited to newspapers, magazine, pamphlets or leaflets, radio or television; and

2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours, or lets any single room more than twice in a 24-hour period.

(5) Adult Motion Picture Theater. The term "adult motion picture theater" as used in this Chapter, means a business establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides or similar photographic or electronic reproductions are regularly shown and thirty (30) percent 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."

(6) Adult Theater. The term "adult theater" as used in this Chapter, means 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.

(7) Escort. The term "escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(8) Escort Agency. The term "escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(9) Modeling Studio. The term "modeling studio" as used in this Chapter, means 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 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."

(b) Chief of Police means the Chief of Police of the City of Milpitas or his or her designee.

(c) Distinguished or characterized by an emphasis upon. As used in this Chapter, the term "distinguished or characterized by an emphasis upon" 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 whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. Appl. 3 151 (1981).

(d) Nudity or a state of nudity. "Nudity or a state of nudity" means 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 areola or nipple, or the showing of the covered male genitals in a discernibly turgid state.

(e) Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means 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 (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

(f) School. The term "school" as used in this chapter, is 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 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. The term "school" as used in this Chapter also means day care center or facilities.

(g) Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

(h) 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 breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

3. Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

(i) Specified Criminal Act(s) means acts which are sexual crimes against children, sexual abuse, sexual assault, rape, prostitution, solicitation of prostitutes, pandering, pimping, unlawful acts of sexual intercourse, sodomy, oral copulation, or masturbation, or crimes including but not limited to distribution of obscenity or material harmful to minors.

(j) 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, actual or stimulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

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

(Ord. 245 (part), 5/7/96)

(a) It is 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 of Milpitas, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit from the City of Milpitas as herein required.

(b) It shall be the burden of the applicant to supply evidence to justify the grant of a permit.

(c) Any person desiring to operate, conduct or maintain an adult business within the City shall file with the Chief of Police, or his or her designee, a permit application on a standard application form supplied by the City, and shall pay a filing fee.

(d) It shall be an affirmative and ongoing obligation of the applicant to update and keep current the information contained in the application for a permit.

(Ord. 245 (part), 5/7/96)

(a) Adult businesses shall only be allowed in H-S (Highway Service), M1 (Light Manufacturing) and M2 (Manufacturing) district.

(b) No Adult Business shall be allowed:

1. Within 1000 feet of any school, public park or recreation area, residential district, mobile home park or MHP District, church or religious institution;

2. Within 500 feet of any other adult business premises.

(c) Any adult business lawfully established and lawfully operating under the Milpitas Municipal Code is not in violation of these regulations by the subsequent establishment of a school, public park or recreation area, residential district, or church or religious institution within the respective distances specified above for each type of use. This provision applies only to the renewal of an adult business permit and does not apply when an application for an adult business permit is submitted after such permit has been revoked.

(d) Distance between any two (2) adult business premises shall be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of an adult business premises to the nearest entrance of the second adult business premises. The distance between any adult business premises and any school, public park or recreation area, residential district, church or religious institution shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of the adult business premises to the nearest property line of a school, public park or recreation area, residential zone, or church or religious institution.

(Ord. 245 (part), 5/7/96)

(a) The applicant shall be the owner or authorized representative of the proposed adult business. All information submitted shall be sworn to be true and correct by the applicant.

(b) The application shall include that applicant's current mailing address, and the name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.

(c) The application shall list the legal form of the applicant; e.g., individual, partnership, corporation:

1. If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

2. If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names of all partners, dates of birth, and all aliases used by all of the partners, and whether the partnership is general or limited.

3. If the applicant is a corporation, the application shall list the full and complete corporate name, the date and state of its incorporation, evidence that the corporation is in good standing, the legal names, dates of birth, and all aliases used by all, and the capacity of, all officers, directors, and principal stockholders (i.e., all stockholders with ten (10) percent or more of all outstanding shares), and the name and address of the registered office or agent for service of process.

(d) The application shall list whether, preceding the date of application, the applicant or any of the persons required to be identified pursuant to this section, has:

1. Had a previous permit under this Chapter revoked, as well as the date of such revocation, and

2. Been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this Chapter has been revoked, as well as the date of the revocation.

(e) The application shall include the address of the proposed site, including the assessor's parcel number and the complete description of the property.

(f) The application shall include a detailed description of the proposed adult business, including reference to definitions in this Chapter.

(g) The application shall include a plot plan drawn to scale indicating all structures, existing or proposed, parking areas, landscaping, walls, driveways and curb-cuts, signs, topographical features, and any other pertinent items necessary to make a permit determination under this Chapter.

(h) The applicant and all persons required to be identified pursuant to this section shall submit to fingerprinting for background checking purposes by the City's Police Department.

(i) The applicant shall sign a statement warranting that the applicant has not been convicted of at least one of the "specified criminal acts" as defined in this Chapter for which:

a) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal act";

b) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the "specified criminal act";

c) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the "specified criminal acts" occurring within any twenty-four (24) month period.

(j) 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 (10) percent or greater interest in the business entity shall sign the application.

(k) The application shall include the address to which notice of action on the application or permit is to be mailed.

(l) 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 business permit.

(Ord. 245 (part), 5/7/96)

The City Council, by resolution, shall set a reasonable, nonrefundable application fee for a permit. The fee shall not exceed the reasonable estimated costs of the City to process the permit application.

(Ord. 245 (part), 5/7/96)

(a) Upon receipt of a completed application and payment of applicable fees, the Chief of Police shall immediately stamp the application as received.

(b) Within fifteen (15) business days from the date the application is date-stamped received by the police department, the Chief of Police shall determine if the application is complete and in full conformance with the requirements for the contents of an applications as set forth in this Chapter. If the application is deemed incomplete, the Chief of Police shall notify the applicant in writing of its deficiencies and, on request of the applicant, an extension of time ten (10) days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) 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.

(c) The Chief of Police shall grant or deny an application for a permit within sixty (60) days from the date the application for the permit is deemed to be complete.

(Ord. 245 (part), 5/7/96)

(a) The Chief of Police shall issue an adult business permit if he/she finds that the application complies with the applicable laws, including but not limited to the building, zoning and health regulations of the City and the provisions of this Chapter.

(b) The Chief of Police shall not issue a permit if he/she makes any of the following findings:

1. An applicant is under eighteen (18) years of age.

2. An applicant is overdue on his or her payment to the City of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult business.

3. An applicant has failed to provide information required by this Chapter or the permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.

4. The required application or permit fees have not been paid.

5. The proposed location is in violation of, or is not in compliance with, any of the provisions of this Chapter including, but not limited to, the locational requirements for an adult business under this Chapter or the Zoning Ordinance.

6. The granting of the application would violate a city, county, state or federal statute, ordinance, regulation or court order.

7. An applicant has had an adult business permit revoked within the preceding twelve (12) months.

8. An applicant has been convicted of at least one of the "specified criminal acts" as defined in this Chapter for which:

a) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal act";

b) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the "specified criminal act";

c) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the "specified criminal acts" occurring within any twenty-four (24) month period.

9. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of specified criminal acts may qualify for a permit only when the time period required above has elapsed.

(c) If the Chief of Police denies the application, within five (5) business days of the decision a notice of the decision stating the reasons the application was denied shall be placed in the mail addressed to the applicant. The notice shall specify that the applicant has the right to appeal the decision pursuant to the provisions of Sections 4-3.080 and 4-3.090 of this Chapter.

(d) If the Chief of Police grants the application, within five (5) business days of the decision, the permit shall be placed in the mail addressed to the applicant.

(Ord. 245 (part), 5/7/96)

(a) An adult business permit may be suspended or revoked in accordance with this section.

(b) On determining that grounds for permit suspension or revocation exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based. The notice shall be mailed, postage prepaid, addressed to the applicant at the address stated in the application, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date.

(c) A permittee may be subject to suspension or revocation of the 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 or manager of an adult business:

(1) The permittee has made a 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 or manager of an adult business has allowed or permitted, or has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult business:

(i) Any conduct constituting a criminal offense which requires registration under California Penal Code Section 290, as may be amended;

(ii) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 or 647(b) of the California Penal Code;

(iii) 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 Sections 311 through 313.4.

(3) The adult business has been operated as a nuisance, as defined in Milpitas Municipal Code or as defined in state law.

(4) There has been a violation of this Chapter.

(d) After holding the hearing, or after the date the hearing was scheduled to be heard, but permittee or permittee's representative failed to appear, if the Chief of Police finds 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 (6) months;

(3) Revocation of the permit.

(Ord. 245 (part), 5/7/96)

(a) An applicant may appeal a denial of a permit, or a suspension or revocation of a permit to the City Council by filing with the City Clerk a request for appeal pursuant to Milpitas Municipal Code, Title I, Chapter 20. (b) Within five (5) business days of the City Council's decision on the appeal, a notice of the decision shall be placed in the mail addressed to the applicant. If the appeal is denied, the notice shall specify that the applicant has the right to judicial review of the decision pursuant to the provisions of Section 4-3.090 of this Chapter.

(Ord. 245 (part), 5/7/96)

After a final decision of the City Council on a permit, the applicant or permittee or other person having standing may seek prompt judicial review of such action in any court of competent jurisdiction. The City has adopted Code of Civil Procedure, Section 1094.6 setting a time limit for seeking review of administrative decisions that are subject to review under Code of Civil Procedure, Section 1094.5.

(Ord. 245 (part), 5/7/96)

An adult business permit shall be valid for a period of one (1) year from the date of issuance.

(Ord. 245 (part), 5/7/96)

An adult business permit shall be renewed on a year-to-year basis; provided, that the permittee and the adult business continues to meet the requirements set forth in this Chapter. A request for permit renewal must be accompanied by a completed adult business permit application. If said application conforms to the previously approved application and the adult business has not changed the permit shall be renewed by the Chief of Police for another year. Any change or alteration in that nature or operation of the adult business will require the renewal to be reviewed by the Chief of Police. The renewal fee for an adult business permit shall be established by ordinance or resolution of the City Council.

(Ord. 245 (part), 5/7/96)

No adult business permit may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one element of adult business to another element of an adult business or any increase of ten (10) percent or more of the floor area of the adult business shall also render the permit null and void. An adult business permit shall only be valid for the exact location specified on the permit.

(Ord. 245 (part), 5/7/96)

Permits issued pursuant to this Chapter shall be posted on the premises where the business for which the permit is issued is conducted, and shall remain so posted during the period the permit shall be in force.

(Ord. 245 (part), 5/7/96)

An applicant or permittee shall permit representatives of the police department, planning department, building department, the health department, the fire department, and/or any other city or county agency to inspect the premises of an adult business for the purpose of insuring compliance with all laws and regulations, at any time it is occupied or open for business, regardless of whether or not a permit has been issued for said business under this Chapter.

A person who operates an adult business or his/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.

(Ord. 245 (part), 5/7/96)

(a) No adult 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 of the establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(b) The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years are precluded from entering the premises. This notice shall be constructed and posted to the satisfaction of the Building Official or designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

(c) All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(d) All off-street parking area and premises entries of the sexually oriented entries of the sexually 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 (1) footcandle 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 sexually oriented business for the personal safety of patrons and employees and to reduce the incidence or vandalism and criminal conduct.

(e) The premises within which the adult 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.

(f) Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.

(g) All areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

(h) Any adult business which is also an "adult arcade" or an "adult bookstore" 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 restrooms. Restrooms may not contain video reproduction equipment. 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 managers' 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 this 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 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 or any two such booths or rooms.

(5) Customers, patrons or visitors shall not be allowed to stand idly in the vicinity of any such viewing booths, or from remaining in the common area of such business, other than the restrooms, 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 viewing booths.

(6) The floors, seats, walls and other interior portions of all viewing 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 establishment.

(i) The following additional requirements shall pertain to adult 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 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 business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

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

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

(4) The adult 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 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.

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

(6) Fixed rail(s) at least thirty (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 business (as that term is defined herein) shall permit any person on the premises of the adult 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.

(j) Every permittee of an adult business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a current register of all persons so performing on the premises. A copy of the register must be provided to the Chief of Police. The registry must contain the following information:

(1) The legal name of each entertainer and any other names (including stage names) used by the entertainer;

(2) A copy of each entertainer's California Driver's License or comparable identification;

(3) Age and date of birth of each entertainer; and

(4) A photograph of each entertainer.

(k) It is unlawful for any permittee, operator, or other person in charge of any adult business to employ any person who is not at least eighteen (18) years of age.

(Ord. No. 315, § 2, 1/7/25; Ord. 245 (part), 5/7/96)

The provisions of this Chapter regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of business contained in the Milpitas Municipal Code.

(Ord. 245 (part), 5/7/96)