Nevada County Municipal Code Ch. 8 Adult Business Licenses and Operating Regulations

In addition to any other definitions contained in the County Code, the following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the County Code, these definitions shall prevail.

A. Adult Arcade shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

B. Adult Retail Store shall mean a business establishment having as a regular and substantial portion of its stock in trade "adult oriented material."

C. Adult Booth/Individual Viewing Area shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or

2. Where "adult arcade devices" are located.

D. Adult Business shall mean:

1. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or

2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by State law.

E. Adult Cabaret shall mean a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment."

F. Adult Cabaret Dancer shall mean any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

G. Adult Hotel/Motel shall mean a "hotel" or "motel" (as defined in the County Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

H. Adult Live Entertainment shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) The performer (including but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

I. Adult Modeling Studio shall mean a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

J. Adult Motion Picture Theater shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

K. Adult Oriented Material shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."

L. Establishment of an Adult Business shall mean any of the following:

1. The opening or commencement of any "adult business" (as defined above) as a new business;

2. The conversion of an existing business, whether or not an "adult business," to any "adult business;"

3. The addition of any "adult business" to any other existing "adult business;"

4. The relocation of any "adult business;" or

5. Physical changes that expand the square footage of an existing "adult business" by more than ten percent (10%).

M. Owner/License Holder shall mean any of the following: (1) The sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult business; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation.

N. Performer shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides "adult live entertainment" for patrons of an "adult business."

O. Sexually Oriented Merchandise shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: Dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

P. Specified Anatomical Areas shall mean and include any of the following:

1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

a. Genitals, pubic region;

b. Buttocks, anus; or

c. Female breasts below a point immediately above the top of the areola.

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

Q. Specified Sexual Activities shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual stimulation or arousal;

3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints;

5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

The provisions of this Chapter regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse non-compliance with any other provisions of the County Code and/or any other regulations pertaining to the operation of businesses as

adopted by the County Board of Supervisors of the County of Nevada.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

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

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

B. The Nevada County Community Development Agency shall grant, deny and renew adult business regulatory licenses in accordance with these regulations.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

A. License applicants shall file a written, signed and verified application on a form provided by the Licensing Department.

B. The completed application shall be accompanied by a non-refundable application fee. The amount of such fees shall be set by the County Board of Supervisors.

C. The completeness of an application for an adult business regulatory license shall be determined by the Nevada County Planning Department within ten (10) working days. If the Department determines that the license application is incomplete, the Department shall immediately notify in writing the license applicant of such fact and the reasons therefore, 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 ten (10) County business days following the receipt of an amended application or supplemental information, the Department shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

D. The fact that a license applicant possesses other types of State or County licenses does not exempt the license applicant from the requirement of obtaining an adult business regulatory license.

E. The license shall be renewed every two (2) years. The licensee shall file an application for renewal in accordance with Section 6.08.070.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

A. Upon receipt of a completed application and payment of the application fees, the application shall immediately be stamped as "Received" and, in conjunction with County staff, shall promptly investigate the information contained in the application to determine whether an adult business regulatory license shall be granted. Investigation shall not be grounds for the County 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. A written decision on the application for an adult business regulatory license within thirty (30) County business days of receipt of the complete application required by this Section. The failure to render any decision within the time frames established in any part of this Section shall be deemed to constitute an approval, subject to compliance with all operational standards of Title 12, and all County zoning requirements including those found in the Nevada County Code, specifically all zoning regulations, and shall be subject to appeal pursuant to Section 6.08.180. The 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.

C. 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 County of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on applications.

D. An application shall be granted or denied in accordance with the provisions of this Section, and so notify the applicant as follows:

1. The application shall be marked "Granted" or "Denied" with the date and signature of the County employee making the decision.

2. If the application is denied, a statement of the reasons for the denial shall be attached to the application.

3. If the application is granted, an adult business regulatory license shall be attached to the application.

4. The applicant is required to personally appear to sign for the license.

E. The approval of an application and issuance of an adult business regulatory license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this Chapter, and the locational requirements of Nevada County Codes governing Land Use and Development, unless the application is denied based upon one (1) or more of the criteria set forth in Section 6.08.060 below.

F. If the application is granted, the applicant may begin operating the adult business for which the license was sought, subject to strict compliance with the development and operational standards and requirements of this Chapter. The license holder shall post the license conspicuously in the premises of the adult business.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

The application shall be denied if the applicant fails to establish any of the following:

1. The adult business complies with the County's zoning requirements as to its underlying zoning designation and other locational requirements of Title 12, Zoning, in the Nevada County Codes, and Zoning Regulations.

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

3. The license applicant is at least eighteen (18) years of age, unless alcoholic beverages are to be served on premises, then twenty-one (21) years of age and subject to Alcoholic Beverage Control (ABC) regulations.

4. The applicant has not been convicted or pled guilty to offenses set forth in Section 6.08.040.

5. The required application fees have been paid.

6. The application complies with licensing requirements of Section 6.08.030.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the adult facility, cannot re-apply for an adult business regulatory license for a particular location within one (1) year from the date of prior denial. Renewals are subject to the information requirements of Section 6.08.040. A review of law enforcement responses to the licensed business and a criminal background check, at the applicant's expense, shall be required prior to any renewal.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

Any affected person may appeal the decision in writing within ten (10) days in accordance with the provisions of Section 6.08.180.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

A. Hours of Operation. It shall be 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 2:00 a.m. and 9:00 a.m. of any day excepting an "adult hotel/motel."

B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be designed consistent with the County Codes governing Land Use and Development: Lighting, and in addition illuminated at a minimum of one and one-half (1.50) foot-candles, 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 twenty-four (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 one (1.00) foot-candles, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours, excepting 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 (1) 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. Any adult business may have more than one (1) manager station in order to ensure compliance with this regulation. At all times, the manager station(s) shall be maintained to ensure a clear line of sight into the interior of the adult/booth individual viewing area. 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 the manager station(s). The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle and the manager station(s) 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 twenty-four (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 twenty-four (24") inches wide shall be permitted in an adult booth/individual viewing area;

6. When a booth is occupied the manager must be at the station.

E. On-Site Manager. All adult businesses shall have a responsible person who shall be at least eighteen (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 their name to the County Department 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. The responsible person shall in no way obstruct law enforcement in the execution of their duties.

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 (1) security guard at all times while the business is open;

2. If the occupancy limit of the premises is greater than thirty-five (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 with 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;

4. Between the hours of 8:00 p.m. and thirty (30) minutes after the established closing time of the facility, security guard(s) shall regularly patrol the parking lot and adjacent outdoor areas of the facility to maintain order therein and prevent any illicit or nuisance activity;

5. Additional security may be required based on occupancy maximums established by the County building department and/or applicable fire department.

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

H. Displays of Adult Oriented Materials. All displays of materials characterized or distinguished on matters describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this Code, shall be completely screened from public view as viewed from adjacent sidewalks or public rights-of-way.

I. Signs. All adult businesses shall comply with the following sign requirements, in addition to those of the Title 16, Signs. Should a conflict exist between the requirements of the Nevada County Codes governing Land Use and Development 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 ten (10') feet of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (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 six (6") inches by six (6") inches, with a minimum typeface of twenty-five (25) points. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department. Identification shall be required as necessary to ensure compliance with this Section.

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.

J. Regulation of Public Restroom Facilities. If the adult business provides restrooms for patron use, the restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

K. 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 (4) 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.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

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 eighteen (18") inches above the level of the floor, and surrounded with a three (3')-foot high barrier or by a fixed rail at least thirty (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 six (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 six (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 one (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 one (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 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 three (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 three (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 handicapped accessibility.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

The following additional requirements shall apply to adult motion picture theaters:

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

1. 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;

2. 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; and

3. Have a sign posted in a conspicuous place at or near each entrance 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. 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, campground or camp, religious institution or any residentially zoned property occupied with a residence, which may include, but not be limited in those properties zoned R1, R2, R3, RA and AG.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

A. Employees/Independent Contractors. Employees and independent contractors of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent (10%) 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 eighteen (18) years of age. If liquor is served at the adult business, employees and independent contractors of the adult business must be at least twenty-one (21) years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent (10%) 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 twenty-one (21) years of age. Said 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, with identification verification and any additional requirements as may be imposed by Alcoholic Beverage Control licensing.

B. Patrons. Patrons of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent (10%) 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 eighteen (18) years of age. If liquor is served at the adult business, patrons must be at least twenty-one (21) years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent (10%) 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 twenty-one (21) years of age, said 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 disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry (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, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where these items are not visible to persons under the age of eighteen (18) and from which persons under the age of eighteen (18) shall be prohibited.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

Each owner, operator, manager, employee or independent contractor of an adult business or other person in charge of an adult business shall permit representatives of the Sheriff's Department, County Health Department, applicable Fire Department, Planning Department, Code Compliance Division and other County departments, to inspect the adult business for the purpose of insuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

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 Licensing Department with the applicant information as set forth in Section 6.08.040 of this Chapter, at least twenty-one (21) days prior to the transfer. The application shall be reviewed in accordance with Section 6.08.040 above.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

On determining that grounds for license suspension or revocation exist, the Licensing Department 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 County 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 ten (10) days prior to the hearing date. Hearings pursuant to this Section shall be noticed in accordance with Cal. Gov't Code §§ 65091 and 65905 conducted by the Licensing Department or their designee, which may include a third-party hearing officer. Hearings pursuant to this Section shall be conducted in accordance with procedures established by the Licensing Department 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 hearing 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 County or constitute failure by the County to provide for prompt decisions on license suspensions or revocations.

4. The decision may be appealed in accordance with this Section.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

The license to operate may be suspended and an order for the adult business to close issued, pending a suspension or revocation hearing if it is determined that the closure is necessary to protect the public health and safety. 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:

A. 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 6.08.090, Operating Standards and Title 12, Zoning Regulations, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the County of Nevada County Code;

B. The license holder has failed to obtain or maintain all required County licenses;

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

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

E. That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12)-month period and was employed by, or performing in, the adult business at the time the offenses were committed;

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

G. That the transferee/new owner of an adult business or adult business license failed to comply with the requirements of this Chapter;

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

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

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

3. Any conduct constituting a criminal offense which requires registration under Cal. Penal Code § 290;

4. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Cal. Penal Code §§ 315, 316, 318 or Subdivision (b) of § 647;

5. 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 §§ 311—313.4;

6. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057, or 11058;

7. 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.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

After holding the hearing in accordance with the provisions of this Section, if the Licensing Department finds and determines that there are grounds for suspension or revocation, the Department shall impose one (1) of the following:

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

B. Revocation of the license.

The Licensing Department shall render a written decision that shall be hand delivered or overnight mailed to the license holder within five (5) days of the public hearing.

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 or an entity related to the licensee within twelve (12) months after the date of such revocation.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

After approval, denial, suspension or revocation of a license, any affected person may appeal the decision to the County Board of Supervisors in writing within ten (10) days after the written decision.

A. Consideration of an appeal of the decision shall be at a public hearing, notice of which shall be given pursuant to Cal. Gov't Code §§ 65091 and 65905 and which hearing shall occur within thirty (30) days of the filing or initiation of the appeal.

B. The County Board of Supervisors action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the County Board of Supervisors shall grant or deny the appeal. The County Board of Supervisors' decision shall be final and conclusive and shall be rendered in writing within four (4) County business days of the hearing, such written decision to be mailed to the party appealing the Licensing Department's decision.

C. In reaching its decision, the County Board of Supervisors shall not be bound by the formal rules of evidence.

D. 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 County of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on applications.

E. Failure of the County Board of Supervisors 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.

F. The time for a court challenge to a decision of the County Board of Supervisors is governed by Cal. Civ. Proc. § 1094.8.

G. Notice of the County Board of Supervisors' decision and its findings shall include citation to Cal. Civ. Proc. §§ 1094.8.

H. 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 Cal. Civ. Proc. § 1094.8.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))

Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

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

The restrictions imposed pursuant to this Section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the County of Nevada County Code, the County does not impose a criminal penalty for violations of the provisions of this Chapter related to sexual conduct or activities.

(Ord. 2352. (07/10/2012); Ord. 2530. (10/24/2023))