National City Municipal Code Ch. 10.73 Live Adult Entertainment at Adult Oriented Entertainment Establishments

A. An "adult oriented entertainment establishment" defined in Section 10.73.020(A) is a police regulated business, and a person performing "live adult entertainment" as defined in Section 10.73.020(D) in an adult oriented entertainment establishment is a police regulated performer. A police permit shall be required as a condition of operation or performance of activity of that business or activity.

B. An adult oriented entertainment establishment shall not be required to obtain a separate police permit to operate as a cabaret or entertainment establishment regulated under Chapter 10.78. However, the regulatory provisions of Chapter 10.78 regulating noise control and patron conduct shall also be applicable to an adult oriented entertainment establishment as regulatory violations governing suspension or revocation of a permit issued under this chapter.

C. Issuance and administration of permits is governed by Chapter 10.70 of this code.

(Ord. 2220 § 2 (part), 2003: Ord. 2204 § 6 (part), 2002)

A. "Adult oriented entertainment establishment" means an adult oriented entertainment business defined in Sections 18.69.020 and 18.69.030 which provides "live adult entertainment" as defined in Section 10.73.020(D).

B. "Specified anatomical areas" is defined in Section 18.69.020(A).

C. "Specified sexual activity" is defined in Section 18.69.020(B).

D. "Live adult entertainment" means any type of presentation in which one or more persons appear before an audience of any number of other persons and engage in actual or simulated specified sexual activity or expose specified anatomical areas, or both. The mere presence of an employee unclothed or in attire, costume or clothing which exposes to public view any specified anatomical area of the employee, or the permitting or allowing any other person (including a patron) present on the establishment premises to participate in actual or simulated specified sexual activity, or to appear unclothed or in such attire, costume or clothing so as to expose the specified anatomical areas of that person, shall also constitute "live adult entertainment".

E. A "live adult entertainer" is a person who performs "live adult entertainment", as that term is defined in Section 10.73.020(D).

(Ord. 2204 § 6 (part), 2002)

A. It is unlawful and a misdemeanor for any person to operate an adult oriented entertainment establishment without a valid adult oriented entertainment establishment permit.

B. It is unlawful for any owner, proprietor, manager, person in charge, or any employee of an adult oriented entertainment establishment to allow upon the regulated premises any live adult entertainment by any person, whether as an employee, independent contractor, patron or customer, without the person performing the live adult entertainment possessing a valid live adult entertainer permit.

C. It is unlawful for any person, whether as an employee, independent contractor, patron or customer, to perform live adult entertainment in an adult oriented entertainment establishment without a valid live adult entertainer's permit.

D. Violation of this Section 10.73.030 is a misdemeanor and constitutes grounds for the revocation or suspension of any permit issued pursuant to this chapter.

(Ord. 2204 § 6 (part), 2002)

A. No live adult entertainer shall approach or be allowed to approach within six feet of any patron of the permitted premises.

B. Live adult entertainment shall be performed only upon a stage or platform during the progress of the entertainment. The stage or platform shall be located at a minimum height of eighteen (18) inches above the floor of, and at a minimum distance of six feet from, the patron seating or viewing area. No patron shall occupy or be allowed to occupy the stage or platform during any performance.

C. A passageway of not less than six feet in width shall be provided through any part of the room occupied by customers, guests or patrons when required for the ingress and egress of live adult entertainers to the stage or platform where live adult entertainment is presented.

D. No adult entertainment establishment operator shall allow a patron to approach within six feet of, or touch, a live adult entertainer while any part of the performer's specified anatomical areas are exposed.

E. No patron shall approach within six feet of a live adult entertainer while any part of the performer's specified anatomical areas are exposed.

F. Violation of any subsection of this section is a misdemeanor and shall also be grounds for the suspension or revocation of a permit issued to an operator as well as the permit of the regulated performer or live adult entertainer who causes or allows any violation to occur.

(Ord. 2220 § 2 (part), 2003: Ord. 2204 § 6 (part), 2002)

Food or beverage (alcohol or nonalcohol served in an adult entertainment establishment shall be clothed so as to fully cover the specified anatomical areas of the server while serving food or beverages to any patron. No portion of the specified anatomical areas of the server shall be exposed to view. Violation of this section is a misdemeanor and is grounds for the suspension or revocation of any permit issued pursuant to this chapter

(Ord. 2204 § 6 (part), 2002)