§ 19.23

A.

It is the intent of this Division to prevent community wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, religious facilities, and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of Adult-Oriented Businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Article to establish reasonable and uniform regulations to prevent the concentration of AdultOriented Businesses or their close proximity to incompatible uses, while permitting the location of AdultOriented Businesses in certain areas.

B.

It is the purpose of this Division to regulate Adult-Oriented Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this Division have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adultoriented materials. Similarly, it is not the intent nor effect of this Division to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this Division to condone or legitimize the distribution of obscene material.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

19.23.020 - Applicability.

A.

Regulatory Permit Required. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an AdultOriented Business unless the person first obtains and continues to maintain in full force and effect an AdultOriented Business Regulatory Permit from the City in compliance with this Division. The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult-Oriented Business Regulatory Permit for each site/location.

B.

Performer Permit Required. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult-Oriented Business unless the person first obtains and continues in full force and effect an Adult-Oriented Business Performer Permit from the City in compliance with this Division.

C.

Employment Without Permits Prohibited. It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an Adult-Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform who is not in possession of a valid, unrevoked Adult-Oriented Business Performer Permit.

D.

Time Limit for Application Filing. All persons who possess an outstanding business license heretofore issued for the operation of an Adult-Oriented Business and all persons required by this Division to obtain an AdultOriented Business Performer Permit, shall apply for the permit within 90 days of the effective date of this Division. Failure to do so and continued operation of an Adult-Oriented Business, or the continued performances depicting specified anatomical areas or specified sexual activities in an Adult-Oriented Business after 90 days shall constitute a violation of this Division.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

An Adult-Oriented Business establishment shall be located only in a zoning district where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and only on a site that also complies with the requirements of this Section.

A.

Separation from Incompatible Uses. An Adult-Oriented Business establishment shall not be located within:

1.

Three hundred feet from any other Adult-Oriented Business establishment;

2.

Five hundred feet from any religious facility;

Five hundred feet from any school or other land use accommodating or oriented to youth/minors as determined by the Zoning Administrator (for example, video game arcades, skating rinks, pizza parlors, etc.);

4.

Five hundred feet from any public park; or

5.

Three hundred feet from any residential zoning district or conforming residential use (i.e., mixed use project).

B.

Measurement of Distance Between Uses. The required separation distance between an Adult-Oriented Business establishment and any of the uses or areas listed in Subsection A. shall be measured in a straight line, from the closest points on the property lines of each site.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Every person who proposes to maintain, operate or conduct an Adult-Oriented Business in the City shall file an application with the Police Chief upon a form provided by the City and shall pay a filing fee, as established by resolution adopted by the Council from time-to-time, which shall not be refundable.

A.

Application Content. Adult-Oriented Business Regulatory Permits are nontransferable, except in accordance with Subsection F. below. Therefore, all applications shall include the following information:

1.

Applicant Name and Signature.

a.

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

b.

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

c.

If the 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 California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

d.

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.

e.

If the applicant intends to operate the Adult-Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented Business and show proof of registration of the fictitious name.

2.

Description of Business. A description of the type of Adult-Oriented Business for which the Permit is requested and the proposed address where the Adult Oriented Business will operate, plus the names and addresses of the owners and lessors of the Adult-Oriented Business site.

3.

Mailing Address. The address to which notice of action on the application is to be mailed.

4.

Employees, Contractors, and Performers. The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by Section 19.23.020 (Applicability) to obtain an adult-oriented business performer permit (for ongoing reporting requirements see Section 19.23.050 (Performer Permit Filing and Processing).

5.

Floor Plan. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

6.

Documentation of Separation from Incompatible Uses. A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the Adult-Oriented Business, and

a.

The property line of any other adult-oriented business within 500 feet of the primary entrance of the AdultOriented Business for which a Permit is requested; and

b.

The property lines of any religious facility, school, park, residential zone or use within 700 feet of the primary entrance of the adult-oriented business.

7.

Parking Diagram. A diagram of the off-street parking areas and premises entries of the Adult-Oriented Business showing the location of the lighting system required by Section 19.23.080 (Adult Business Development and Performance Standards).

B.

Initial Application Review. If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the Police Chief to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time.

C.

Investigation and Action on Complete Application. Upon receipt of a completed application and payment of the application and Permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult-Oriented Business Regulatory Permit.

1.

Within 30 days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:

a.

The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign the notation.

b.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

c.

If the application is granted, the Police Chief shall attach to the application an Adult-Oriented Business Regulatory Permit.

d.

The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

2.

The Police Chief shall grant the application and issue the Adult Oriented Business Regulatory Permit upon findings that the proposed business meets the locational criteria of Section 19.23.030; and that the applicant has met all of the development and performance standards and requirements of Section 19.23.080, unless the

application is denied for one or more of the reasons set forth in Subsection D. The Permittee shall post the Permit conspicuously in the Adult-Oriented Business premises.

3.

If the Police Chief grants the application or neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Subsection B.), the applicant may begin operating the AdultOriented Business for which the Permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 19.23.080, and any additional permit as may be required by Article 2.

4.

Other permits required. Any other permits required pursuant to Article 2 or 4 herein (e.g., Use Permit, Design Review, etc.) shall be granted or denied by the Review Authority within 90 days from the date of certification of an Environmental Impact Report or within 60 days from adoption of a Negative Declaration or within 30 days if the project is determined exempt from California Environmental Quality Act.

D.

Permit Denial. The Police Chief shall deny the application for any of the following reasons:

1.

The building, structure, equipment, or location used by the business for which an Adult-Oriented Business Regulatory Permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

2.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an Adult Business Regulatory Permit.

3.

An applicant is under 18 years of age.

4.

The required application fee has not been paid.

5.

The Adult-Oriented Business does not comply with the locational standards in Section 19.23.030.

E.

Expiration of Permit. Each Adult-Oriented Business Regulatory Permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the Annual Permit Fee and a copy of the Permit to be renewed. The request for renewal shall be made at

least 30 days before the expiration date of the Permit. When made less than 30 days before the expiration date, the expiration of the Permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for Permits.

F.

Transfer of Permit. A permittee shall not operate an Adult-Oriented Business under the authority of an AdultOriented Business Regulatory Permit at any place other than the address of the Adult-Oriented Business stated in the application for the Permit.

1.

A permittee shall not transfer ownership or control of an Adult-Oriented Business or transfer an Adult-Oriented Business Regulatory Permit to another person unless and until the transferee obtains an amendment to the Permit from the Police Chief stating that the transferee is now the permittee. An amendment may be obtained only if the transferee files an application with the Police Chief in accordance with this Section, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with this Section that the transferee would be entitled to the issuance of an original Permit.

2.

No Permit may be transferred when the Police Chief has notified the permittee that the Permit has been or may be suspended or revoked.

3.

Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the Permit shall be deemed revoked.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Applicability. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult-Oriented Business, without a valid Adult-Oriented Business Performer Permit issued by the City. All persons who have been issued an Adult-Oriented Business Regulatory Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 19.23.040.A, with the names of all Performers required to obtain an Adult-Oriented Business Performer Permit, within 30 days of any change in the information originally submitted. Failure to submit the changes shall be grounds for suspension of the Adult-Oriented Business Regulatory Permit.

B.

Application Content. The application for a Permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief. The completed application shall contain the following information and be accompanied by the following documents:

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2.

Age, date and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered; or

b.

The equivalent of the aforesaid offenses outside the State of California.

6.

Whether the person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of the registration, licensing or legal authorization, and the inclusive dates during which the person was so licensed, registered, or authorized to engage in prostitution.

7.

State driver's license or identification number;

8.

Satisfactory written proof that the applicant is at least 18 years of age;

9.

The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

If the application is made for the purpose of renewing a Permit, the applicant shall attach a copy of the Permit to be renewed.

The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the Council.

C.

Initial Application Review. Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application. If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of the fact and grant the applicant an extension of time of not more than 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the Police Chief to act on the application. The time period for granting or denying a Permit shall be stayed during the period in which the applicant is granted an extension of time.

D.

Investigation and Action on Application.

1.

Within 30 days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows:

a.

The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

b.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

c.

If the application is granted, the Police Chief shall attach to the application an Adult-Oriented Business Performer Permit.

d.

The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

2.

The Police Chief shall grant the application and issue the Permit unless the application is denied for one or more of the reasons set forth in Subsection E.

3.

If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Subsection C., the applicant may begin performing in the capacity for which the Permit was sought.

E.

Permit Denial. The Police Chief shall deny the application for any of the following reasons:

1.

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a Permit or in any report or document required to be filed with the application;

2.

The applicant is under 18 years of age;

3.

The Adult-Oriented Business Performer Permit is to be used for performing in a business prohibited by State or City law;

4.

The applicant has been registered in any state as a prostitute; or

5.

The applicant has been convicted of any of the offenses enumerated in Subsection B.5, or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A Permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

F.

Expiration. Each Adult-Oriented Business Performer Permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the Permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the Permit. When made less than 30 days before the expiration date, the expiration of the Permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for Permits.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

An Adult-Oriented Business Regulatory Permit or Adult-Oriented Business Performer Permit may be suspended or revoked in accordance with the procedures and standards of this Section.

A.

Notice to Permittee. On determining that grounds for Permit revocation exist, the Police chief shall furnish written notice of the proposed suspension or revocation to the Permittee. 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 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 Permittee, or shall be delivered to the Permittee personally, at least 10 days prior to the hearing date.

B.

Hearings. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

1.

The right for all parties involved to offer testimonial, documentary, and tangible evidence bearing on the issues;

2.

All parties may be represented by counsel; and

3.

All parties shall have the right to confront and cross-examine witnesses.

Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Section 19.23.070.

C.

Basis for Action. A Permittee may be subject to suspension or revocation of his Permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the Permittee, or an employee, agent, partner, director, stockholder, or manager of an Adult-Oriented Business:

1.

The Permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a Permit, or in any report or record required to be filed with the City.

2.

The Permittee, employee, agent, partner, director, stockholder, or manager of an Adult-Oriented Business 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-Oriented Business, or in the case of an Adult-Oriented Business Performer, the permittee has engaged in one of the activities described below while on the premises of an Adult-Oriented 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 California Penal Code Section 290.

d.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code Sections 315, 316, or 318, or Subdivision b. of Section 647.

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 conduct prohibited by this Division.

3.

Failure to abide by an disciplinary action previously imposed by an appropriate City official.

D.

Action Following Hearing. After holding the hearing in accordance with the provisions of this Section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:

1.

A warning;

2.

Suspension of the Permit for a specified period not to exceed six months; or

3.

Revocation of the Permit.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

After denial of an application for an Adult-Oriented Business Regulatory Permit or an Adult-Oriented Business Performer Permit, or after denial of renewal of a Permit, or suspension or revocation of a Permit, the applicant or person to whom the Permit was granted may appeal the administrative action to the Council in compliance

with Division 19.54. The Council shall act to grant or deny the appeal within sixty (60) days of receipt of request for review. The judicial review of any permit issued or denied in compliance with this Division shall be subject to expedited judicial review in accordance with the time limits set forth in Code of Civil Procedure Sections 1094.8 et seq.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

The following requirements of this Section shall be deemed conditions of Adult-Oriented Business Regulatory Permit approvals, and failure to comply with every requirement shall be grounds for revocation of the Permit issued in compliance with these regulations:

A.

Fire Regulations. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the regulations and standards of the Novato Fire Protection District.

B.

Hours of Operation. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an Adult-Oriented Business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.

C.

Interior Lighting. All areas of the Adult-Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

D.

Management Supervision. All indoor areas of the Adult-Oriented Business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

E.

Noise Mitigation. The premises within which the Adult-Oriented Business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way, or within any other building or other separate unit within the same building.

F.

Parking Area Lighting. All off-street parking area and premise entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

G.

Posting of Entrance. The building entrance to an Adult-Oriented Business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Police Chief or designee. No person under the age of 18 years shall be permitted within the premises at any time.

H.

Restroom Facilities. The Adult-Oriented Business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using restrooms for females, and female patrons and employees shall be prohibited from using restrooms for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an Adult-Oriented Business which deals exclusively with sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public.

I.

Security Guards. Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1.

Adult-Oriented Businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

2.

Security guards for other Adult-Oriented Businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct listed in Section 19.23.050.B.5 from occurring on the premises.

3.

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards 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.

J.

Visibility of Activities. No Adult-Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specified Sexual Activities" or "specified Anatomical Areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

K.

Adult Arcade Standards. Any adult-oriented business which is also an "adult arcade" shall comply with the following additional provisions:

1.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be direct line of sight from the manager's station.

2.

The view area for management supervision specified in Subsection K.1 shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

3.

No viewing room may be occupied by more than one person at any one time.

4.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6.

The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. The presence of human excrement, urine, semen or saliva in any booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the adult-oriented establishment.

L.

Additional Requirements for Businesses with Live Performances. The following additional requirements shall pertain to Adult-oriented Businesses providing live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities, except for businesses regulated by the Alcoholic Beverage Control Commission:

1.

No person shall perform live entertainment for patrons of an Adult-Oriented Business except upon a stage at least 18 inches above the level of the floor, which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the Adult-Oriented Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult-Oriented Business.

2.

The Adult-Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

3.

The Adult-Oriented Business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

4.

The Adult-Oriented Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the AdultOriented Business shall provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

5.

No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the Adult-Oriented Business.

6.

Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

7.

No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

8.

No owner or other person with managerial control over an Adult-Oriented Business shall permit any person on the premises of the Adult-Oriented Business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

Every permittee of an Adult-Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all persons so performing on the premises and their permit numbers. The register shall be available for inspection during regular business hours by any police officer or health officer of the City.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Every Adult-Oriented Business shall display at all times during business hours the permit issued pursuant to the provisions of this Division for such Adult-Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult-Oriented Business.

B.

The Police Chief shall provide each Adult-Oriented Business Performer required to have a Permit in compliance with this Division with an identification card containing the name, address, photograph and permit number of the performer.

C.

An Adult-Oriented Business Performer shall have their identification card available for inspection at all times during which the performer is on the premises of the Adult-Oriented Business.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

It shall be unlawful for any permittee, operator, or other person in charge of any Adult-Oriented Business to:

A.

Employ, or provide any service for which it requires a permit, to any person who is not at least 18 years of age; or

B.

Permit to enter, or remain within the Adult-Oriented Business, any person who is not at least 18 years of age.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

An applicant or Permittee shall permit representatives of the Novato Police Department, Marin County Health Department, Novato Fire Protection District, Novato Community Development Department, or other City departments or agencies to inspect the premises of an Adult Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Adult-Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult-Oriented Business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

A.

Amortization Requirements. Any use of real property existing on the effective date of this Division, that does not conform to the provisions of this Division, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for 12 months after the effective date of this ordinance. On or before that date, all the nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of Subsection B.

1.

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an Adult-Oriented Business shall result in a loss of legal nonconforming status of the use.

2.

Amortization—Annexed property. Any Adult-Oriented Business that was a legal use at the time of the annexation of the property and which is located in the City, but which does not conform to the provisions of

Section 19.23.030 shall be terminated within one year of the date of annexation unless an extension of time has been approved by the hearing officer in accordance with the provisions of Subsection B.

B.

Extensions of Time. The owner or operator of a nonconforming use as described in Subsection A. may apply under the provisions of this Section to the City Manager for an extension of time within which to terminate the nonconforming use.

1.

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 19.23.030 may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. The application shall be filed with the City Manager at least 90 days but no more than 180 days prior to the time established in Subsection A. for termination of the use.

2.

Content of Application, Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.

3.

Hearing Procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section l094.6.

4.

Approval of Extension, Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

a.

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; the property or structure cannot be readily converted to another use; and the investment was made prior to the effective date of this Division.

b.

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 19.23.030.

(Ord. No. 1576, § 2 (Exh. A, amd.), 10-23-2012)

DIVISION 19.24 - AFFORDABLE HOUSING REQUIREMENTS