Oceanside Municipal Code Art. VI Peep Show Establishments

It is the purpose and intent of this article that the operation of peep show establishments, as defined in this Code, should be regulated for the protection of the public from perils of fire, hazards to health, and for the preservation of the peace of the community.

(Ord. No. 76-33, § 1, 8-25-76)

(a) Peep show establishment means any place to which the public is admitted or any public place wherein a peep show device is operated or maintained.

(b) Peep show device means any coin- or slug-operated electronically, electrically, or mechanically controlled still, motion picture, or video tape machine, projector, or other image-producing device which shows images to five (5) or fewer persons at any one time.

(Ord. No. 76-33, § 1, 8-25-76; Ord. No. 85-18, § 1, 7-24-85)

No person shall operate a peep show device unless a permit for the operation of said device has been issued by the city license inspector and remains in effect.

(Ord. No. 76-33, § 1, 8-25-76)

No permit for a peep show device shall be issued by the city license inspector for a period in excess of twelve (12) months.

(Ord. No. 76-33, § 1, 8-25-76)

Every person owning or operating a peep show device shall pay a fee of fifteen dollars ($15.00) per twelve-month period for each peep show device. The fee shall be submitted with the permit application. For each permit application that is rejected, the city shall refund to the applicant five dollars ($5.00), while retaining ten dollars ($10.00) to cover the cost of the application investigation.

(Ord. No. 76-33, § 1, 8-25-76)

Every applicant shall file an application for a permit or for the renewal of a permit with the license inspector of the City of Oceanside upon the form to be provided by the license inspector. Immediately upon the receipt of an application the license inspector shall refer said application to the appropriate city departments for investigation to determine that the operation pursuant to the issuance of a permit will be in compliance with all applicable laws, including the provisions of this article, and additional building, fire, electrical, mechanical, plumbing and health requirements imposed by this Code.

(Ord. No. 76-33, § 1, 8-25-76)

If investigation indicates that the operation of the device will be in compliance with the provisions of this article and all other applicable laws, and the applicant has not knowingly made a material misstatement, the permit shall be granted or renewed. Any application for a permit or for the renewal of a permit may be denied if the applicant has knowingly made a material misstatement, or investigation indicates that the operation of the device will be in violation of the provisions of this article or any other applicable law. The applicant shall be notified in writing of any denial, the reasons therefor, and the right of appeal described in section 7.35, by means of registered mail, certified mail or hand delivery.

(Ord. No. 76-33, § 1, 8-25-76)

Any permit issued hereunder may be suspended or revoked if, after the hearing described in section 7.34 has been held, the city manager or his delegate finds that the permittee has knowingly made a material misstatement in his application, or is operating in violation of the provisions of this article or any other applicable law.

(Ord. No. 76-33, § 1, 8-25-76)

In the event the license inspector determines that a permit should be suspended or revoked, he shall so advise the city manager. A hearing before the city manager or his delegate shall then be scheduled to consider suspension or revocation. The permittee shall be given written notice of the date of the hearing, its purpose, and the underlying facts and materials. The permittee has the right, at the hearing, to present evidence and argument, and to refute adverse evidence. The hearing shall be held no sooner than five (5) days after notification to the permittee of the hearing, and no later than fifteen (15) days after notification to the city manager of the need for the hearing. The decision reached at the conclusion of the hearing, and the reasons therefor, shall be served in written form on the permittee.

(Ord. No. 76-33, § 1, 8-25-76)

Within ten (10) days after the date that notification is effected that an application for a permit or a renewal of a permit has been denied, or a permit suspended or revoked, the applicant or permittee may file with the city clerk a written request for a public hearing before the city council. Upon the filing of such a request, the city clerk shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be held within thirty (30) days after the request is filed. At the hearing any person may present evidence in opposition to, or in support of, the appellant's case. At the conclusion of the hearing the city council shall either grant or deny the appeal, and the decision of the city council shall be final.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show device unless each such device is plainly marked with a serial number, and has attached thereto a distinguishing tag, sign, permit or other marker issued by the city license inspector upon the granting or renewal of a permit. Such permit shall be affixed in a conspicuous location on each device and shall remain there until a new and different permit has been issued therefor. No permit shall be transferable from one person to another or from one device to another.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one-hour fire-resistive material.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment in which the width of the aisle in any room where a peep show device is located is less than forty-two (42) inches.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment unless there are no fewer than two (2) doorways of a width not less than thirty-six (36) inches which provide ingress or egress to or from any room in which a peep show device is located; provided, however that one doorway shall be sufficient in the event the fire chief should so determine.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment unless over every doorway which provides egress from any room in which a peep show device is located an internally illuminated exit sign with letters at least five (5) inches in height is maintained.

(Ord. No. 76-33, § 1, 8-25-76)

(a) No peep show establishment shall be maintained or operated unless the complete interior of the premises wherein the pictures are viewed is visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained. It shall be unlawful for any person to operate, manage or maintain a peep show in violation of this section.

(b) Any peep show establishment lawfully in existence prior to the adoption of this section [July 24, 1985] shall conform to the provisions of this section within three (3) months of the effective date of this section [August 23, 1985]. This section shall also be applicable to any peep show establishment which is not open for business prior to the date that this section takes effect.

(c) Violation of this section shall constitute a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not to exceed five hundred dollars ($500.00), or by both.

(Ord. No. 76-33, § 1, 8-25-76; Ord. No. 85-18, § 2, 7-24-85; Ord. No. 85-57, § 1, 12-18-85)

No person shall operate a peep show establishment unless there is a light level of no less than ten (10) footcandles at floor level maintained in every portion of said establishment to which the public is admitted.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room where a peep show device is located exceeds one person per thirty (30) square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator and shall remain posted to the entrance to said room.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall operate a peep show establishment in which the number of peep show device exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located. The maximum number of peep show devices permitted in any room or partitioned portion of a room in a peep show establishment shall be conspicuously posted by the operator and shall remain posted at the entrance to said room.

(Ord. No. 76-33, § 1, 8-25-76)

No person shall deny an inspecting city representative access to a peep show establishment for the purposes of reasonable inspection to enforce compliance with all applicable laws.

(Ord. No. 76-33, § 1, 8-25-76)