Montclair Municipal Code Ch. 4.53 Adult Business Licenses and Operating Regulations

It is the purpose and intent of this chapter to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses, decreases in property values in the vicinity of adult businesses, increases in vacancies in residential and commercial areas in the vicinity of adult businesses, interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism, and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

It is, therefore, the purpose of this chapter to establish reasonable and uniform operational standards for adult businesses.

(Ord. 06-873 § 6 (part))

In addition to any other definitions contained in the Municipal Code, all words and phrases included in this chapter shall be consistent with the definitions in Section 11.40.030 of this Code, unless it is clearly apparent from the context that another meaning is intended.

(Ord. 06-873 § 6 (part))

All adult businesses are subject to the adult business license requirements of this chapter as well as all other applicable ordinances of the City and laws of the State of California.

A. It is unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City of Montclair unless the person first obtains, and continues to maintain in full force and effect, an adult business license as herein required. Any occurrence of the "establishment of an adult business" as defined in Section 11.40.030(12) of this Code shall require a new application for an adult business license. The adult business license shall be subject to the development and operational standards of this chapter and the underlying zone where the facility is located.

B. The Director of Community Development or his or her designee shall grant or deny adult business licenses in accordance with these regulations.

C. The suspension or revocation of any adult business license shall proceed in accordance with these regulations.

D. Permit applicants shall file a written, signed, and verified application on a form provided by the Planning Department. Such application shall contain the following information and be accompanied by the following documents:

1. If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age;

2. If the permit applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any;

3. If the permit 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 the State of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process;

4. A signed and verified statement that the permit applicant, if an individual, or partners, officers, directors, if a partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense and (a) more than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (b) more than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (c) more than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period;

5. The permit applicant shall sign the application. All persons who sign the application must also provide names, aliases, addresses, and date of birth;

6. If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name;

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

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

9. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and 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;

10. A diagram of the off-street parking areas and entries to the premises of the adult business, also showing the location of the lighting system required by this chapter.

E. The completed application shall be accompanied by a nonrefundable application fee. The amount of such fees shall be set by the City Council.

F. The completeness of an application for an adult business license shall be determined by the Director of Community Development or his or her designee within five working days of its submittal. If the Director of Community Development or his or her designee determines that the permit application is incomplete, the Director of Community Development or his or her designee shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five working days following the receipt of an amended application or supplemental information, the Director of Community Development or his or her designee shall again determine whether the application is complete in accordance with the provisions set forth in this section. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

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

(Ord. 06-873 § 6 (part))

A. Upon receipt of a completed application and payment of the application and permit fees, the Director of Community Development or his or her designee shall immediately write or stamp the application "Received" and, in conjunction with City staff, shall promptly investigate the information contained in the application to determine whether an adult business license shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.

B. Within 21 days of receipt of the completed application, the investigation shall be completed and the Director of Community Development or his or her designee shall notice and conduct a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905.

C. In reaching a decision, the Director of Community Development or his or her designee shall not be bound by the formal rules of evidence in the California Evidence Code.

D. The Director of Community Development or his or her designee shall render a written decision on the application for an adult business license within two working days of the public hearing required by this section. The failure of the Director of Community Development or his or her designee to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to appeal pursuant to Section 4.53.050 of this chapter. The Director of Community Development or his or her designee's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this Code.

E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

F. The Director of Community Development or his or her designee shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The Director of Community Development or his or her designee shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the Director of Community Development or his or her designee shall attach to the application a statement of the reasons for the denial.

3. If the application is granted, the Director of Community Development or his or her designee shall attach to the application an adult business license.

G. The Director of Community Development or his or her designee shall grant the application and issue the adult business license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth in subsection I of this section.

H. If the Director of Community Development or his or her designee grants the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The permit holder shall post the permit conspicuously in the premises of the adult business.

I. The Director of Community Development or his or her designee shall deny the application if the applicant fails to establish any of the following:

1. The adult business complies with the City's zoning requirements as to its underlying zoning designation.

2. The adult business complies with the development, operational or performance standards found in this chapter.

3. The permit applicant is at least 18 years of age.

4. The required application fees have been paid.

5. The application complies with Section 4.53.030(D) of this chapter.

J. A person cannot reapply for an adult business license for a particular location within one year from the date of prior denial.

K. Any affected person may appeal the decision of the Director of Community Development or his or her designee in writing within five days in accordance with the provisions of Section 4.53.050 of this chapter.

(Ord. 06-873 § 6 (part))

A. The decision of the Director of Community Development shall be appealable to the Planning Commission by the filing of a written appeal with the City Clerk within 15 days following the day of mailing of the Director's decision and paying the fee for appeals provided under this Code. All such appeals shall be filed with the City Clerk and shall be public records. The Planning Commission, at a duly noticed meeting within 30 days from the date the written appeal was filed, shall independently review the entire record, including the transcript of the hearing and any oral or written arguments which may be offered. No additional testimony or other evidence shall be received or considered by the Planning Commission. At the conclusion of the review, the Planning Commission shall decide to sustain the decision, modify the decision, or order the decision stricken and issue such order as the Planning Commission finds is supported by the entire record. The action of the Planning Commission shall be final and conclusive, shall be rendered in writing within four working days, and such written decision shall be immediately mailed or delivered to the appellant(s) and there shall be no additional right of appeal. The appeal provisions found in this section shall control over any other appeal provisions found within the Montclair Municipal Code.

B. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

C. Failure of the Planning Commission to render a decision to grant or deny an appeal of a license denial within the time frames established by this section shall be deemed to constitute an approval of the adult business license.

D. The time for a court challenge to a decision of the Planning Commission is governed by California Code of Civil Procedure Section 1094.8.

E. Notice of the Planning Commission's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

F. Any applicant or license holder whose license has been denied pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.

G. The Planning Commission's decision shall be final.

(Ord. 06-873 § 6 (part))

A. Hours of Operation. It is unlawful for any owner, operator, manager, employee or independent contractor of an adult business to allow such adult business to remain open for business, or to license any employee, independent contractor or performer 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 10:00 a.m. of any day excepting herefrom an "adult hotel/motel."

B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be illuminated at a minimum of 1.5 footcandles, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within 24 hours.

C. Interior Lighting Requirements. All interior areas of the adult business excepting therefrom adult hotels/motels shall be illuminated at a minimum of 1 footcandle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within 24 hours, excepting herefrom an "adult hotel/motel."

D. Regulation of Adult Booth/Individual Viewing Area.

1. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

2. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or any other device.

3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

4. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

5. No beds, couches or chairs with a sitting area greater than 24 inches wide shall be permitted in an adult booth/individual viewing area.

E. On-Site Manager. All adult 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. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his or her name to the Chief of Police to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

F. Security. All adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1. Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open.

2. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

3. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guard(s) 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.

G. Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

H. Signs. All adult businesses shall comply with the following sign requirements, in addition to those of the Montclair Municipal Code. Should a conflict exist between the requirements of the Montclair Municipal Code and this subsection, the more restrictive shall prevail.

1. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within 10 feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than 6 inches by 6 inches, with a minimum typeface of 25 points. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.

2. No adult-oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

I. Regulation of Public Restroom Facilities. If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult-oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

J. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag or with individually bagged trash at least once a day. At least four times a day, the front and rear exteriors of any adult business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.

K. Adult Business Offering Adult Live Entertainment—Additional Operating Requirements. The following additional requirements shall apply to adult businesses providing adult live entertainment:

1. No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor, and surrounded with a 3-foot-high barrier or by a fixed rail at least 30 inches in height. No patron shall be permitted on the stage while the stage is occupied by a performer(s) and/or adult cabaret dancer(s). This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent, floor-to-ceiling, solid barrier.

2. No performer or adult cabaret dancer shall be within 6 feet of a patron, measured horizontally, while the performer or adult cabaret dancer is performing adult live entertainment. While on stage, no performer or adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any performer or adult cabaret dancer.

3. As to off-stage performances, no performer or adult cabaret dancer shall perform "adult live entertainment" off stage. As to an adult cabaret dancer performing off stage, a distance of at least 6 feet shall be maintained between the adult cabaret dancer and the patron(s) at all times. During off-stage performances, no adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any adult cabaret dancer.

4. In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment or off-stage performances by such performer or adult cabaret dancer. Patrons shall be advised of the no touching requirements by signs and, if necessary, by employees, independent contractors, performers, or adult cabaret dancers of the establishment. This prohibition does not extend to incidental touching.

5. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than 1 inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

6. All employees and independent contractors of the adult facility, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

7. Patrons shall not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage. If patrons wish to pay or tip performers, payment or tips may be placed in containers. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than 1 inch in size. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.

8. The adult business shall provide dressing rooms for performers that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same-gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

9. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

10. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum 3-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be 3 feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to disabled accessibility.

L. Adult Motion Picture Theater—Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters:

1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;

c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area that 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.

2. If an adult motion picture theater is designed to permit outdoor viewing by patrons 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 patrons may not be seen from any public right-of-way, child day-care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.

(Ord. 06-873 § 6 (part))

A. A license holder shall not operate an adult business under the authority of an adult business license at any place other than the address of the adult business stated in the application for the license.

B. In the event of a transfer of ownership of the adult business, the new owner shall be fully informed of the requirements of this chapter, including the operational and development standards herein.

C. In the event of a transfer of the adult business or the adult business license, the transferee must provide the Director of Community Development with the following information within seven days of the transfer:

1. If the transferee is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.

2. If the transferee is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.

3. If the transferee is a corporation or limited liability corporation (LLC), the entity shall provide its complete name, the date of its incorporation or organization, evidence that it is in good standing under the laws of the State of California, the names and capacities of all officers and directors, managers or members asserting supervisory or managerial control over the facility, the name of the registered agent, and the address of the registered office for service of process.

(Ord. 06-873 § 6 (part))

A. On determining that grounds for license suspension or revocation exist, the Chief of Police or his or her designee shall furnish written notice of the proposed suspension or revocation to the license holder. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date. Hearings pursuant to this section shall be conducted by the City Manager or a Designated Hearing Officer designated by him or her which can include a retired judge. Hearings pursuant to this section shall be conducted in accordance with procedures established by the City Manager or Designated Hearing Officer but, at a minimum, shall include the following:

1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.

2. The City Manager or Designated Hearing Officer shall not be bound by the formal rules of evidence.

3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.

4. The City Manager's or Designated Hearing Officer's decision may be appealed in accordance with the provisions contained in Section 4.53.050 of this chapter.

B. A license may be suspended or revoked based on the following causes arising from the acts or omissions of the license holder, or an employee, independent contractor, partner, director, or manager of the license holder:

1. The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business operational standards contained in Section 4.53.050 of this chapter and the zoning requirements of Chapter 11.40 of this Code, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Montclair Municipal Code.

2. The license holder has failed to obtain or maintain all required City licenses.

3. The license holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business license.

4. The license is being used to conduct an activity different from that for which it was issued.

5. That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex-related offenses that occurred in or on the licensed premises within a 12-month period and was employed by, or performing in, the adult business at the time the offenses were committed.

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

7. That the transferee/new owner of an adult business or adult business license failed to comply with the requirements of this chapter.

8. The license holder, partner, director, or manager 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 business; or a licensee has been convicted of violating any of the following State laws on the premises of the adult business:

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

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

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

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

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4;

f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;

g. An act or omission in violation of any of the requirements of this chapter if such act or omission is with the knowledge, authorization, or approval of the license holder or is as a result of the license holder's negligent supervision of the employees or independent contractors of the adult facility. This includes the allowance of activities that are or become a public nuisance, which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

C. After holding the hearing in accordance with the provisions of this section, if the City Manager or Designated Hearing Officer finds and determines that there are grounds for suspension or revocation, the City Manager or Designated Hearing Officer shall impose one of the following:

1. Suspension of the license for a specified period not to exceed six months;

2. Revocation of the license.

The City Manager or Designated Hearing Officer shall render a written decision that shall be hand delivered or overnight mailed to the license holder within five days of the public hearing.

D. In the event a license is revoked pursuant to this section, another adult business license to operate an adult business shall not be granted to the licensee within 12 months after the date of such revocation.

E. The time for a court challenge to a decision of the City Manager or Designated Hearing Officer is governed by California Code of Civil Procedure Section 1094.8.

F. Notice of the City Manager's or Designated Hearing Officer's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

G. Any applicant or license holder whose license has been suspended or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.

(Ord. 06-873 § 6 (part))

A. Employees/Independent Contractors. Employees and independent contractors of an adult business must be at least 18 years of age. It is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10 percent or greater interest, employees, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees and independent contractors of the adult business must be at least 21 years of age. If liquor is served at the adult business, it is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10 percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. And such persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.

B. Patrons. Patrons of an adult business must be at least 18 years of age. It is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10 percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10 percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And such persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

C. X-Rated Movies. The selling, renting and/or displaying of x-rated movies, videotapes, digital video discs (DVDs), compact discs (CDs) and laser discs shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser discs that have been rated "X" or rated "NC-17" by the Motion Picture Association of America (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, such movies, videos, DVDs, CDs, and laser discs shall be located in a specific section of the establishment where these items are not visible to persons under the age of 18 and from which persons under the age of 18 shall be prohibited.

(Ord. 06-873 § 6 (part))

The provisions of this chapter regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the Municipal Code and/or any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Montclair.

(Ord. 06-873 § 6 (part))

A. Any person or entity violating or failing to comply with any of the license and/or permit requirements of this chapter shall be deemed guilty of a violation pursuant to Chapter 1.12 of this Code.

B. In addition to the penalties provided in Chapter 1.12 of this Code, any licensee, owner, operators, manager, employee, or independent contractor of an adult business violating or causing the violation of any of the provisions of this chapter regulating adult businesses shall be subject to any and all other remedies (administrative, civil, and equitable) as allowed by law or in equity. All remedies provided herein shall be cumulative and not exclusive.

C. In addition to the remedies set forth in subsections A and B of this section, any adult business that is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and may be abated or enjoined.

(Ord. 06-889 § 8: Ord. 06-873 § 6 (part))

In addition to the penalties set forth in this chapter, any adult business that is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. 06-873 § 6 (part))