Chapter 5.86 — SEXUALLY ORIENTED/ADULT BUSINESSES

The intent of this chapter is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of sexually oriented/adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of sexually oriented/adult businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of sexually oriented/adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the sexually oriented/adult businesses.

It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sexually oriented/adult materials or to deny access by the distributors of sexually oriented/adult businesses to their intended market.

Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 11-96)

For the purpose of this title, the following words and phrases shall have the meanings respectively ascribed to them by this chapter:

"Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business. For purpose of this chapter, "employee" includes independent contractors.

"Hearing officer" means a person selected by the City Attorney, or designee, who shall preside at the hearings authorized by this chapter and issue final decisions on the matters raised therein.

"Nude or semi-nude model studio" means any place where, for consideration, a person appearing nude or semi-nude or displaying specified anatomical areas is provided for the purposes of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted or represented as a regular and substantial course of conduct of the establishment. Classes taught by instructors licensed by the State of California on property licensed as educational facilities by the State of California are exempted from this definition.

"Semi-nude" means a state of undress in which clothing covers no more than the genitals, pubic region, and areola of the breast, as well as portions of the body covered by supporting straps or devices.

"Sexual encounter establishment" means any business or commercial establishment, that as one

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.020

§ 5.86.020

of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is nude or semi-nude. The definition of sexually oriented/adult businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

"Sexually oriented/adult bookstore" means any establishment, which as a regular and substantial portion of its business, displays and/or distributes sexually oriented/adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. Alternatively, if a substantial portion of the stock in trade, revenue obtained from such matter or advertising is characterized by an emphasis on such matter it shall be considered a sexually oriented/adult bookstore.

"Sexually oriented/adult business" means any business establishment or concern, which as a regular and substantial course of conduct, performs or operates as a sexually oriented/adult book store, sexually oriented/adult theater, sexually oriented/adult motion picture arcade, sexually oriented/adult motel/hotel, sexually oriented/adult motion picture theater, nude or semi-nude model studio, sexual encounter establishment, or sells or distributes sexually oriented/adult merchandise, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities, the regulation of which is preempted by state law. "Sexually oriented/adult business" shall also include any establishment which as a regular and substantial course of conduct allows performers, models, employees, or other persons to appear in any public place in lingerie or any similar garment which does not opaquely cover the nipples and/or areola of the female breast, the pubic region, and/or the natal cleft.

"Sexually oriented/adult cabaret" means a night club, bar, restaurant or similar establishment or concern which, as a regular and substantial course of conduct, features any type of live entertainment characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

"Sexually oriented/adult hotel/motel" means a hotel or motel, which:

1. As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts;

2. Rents, leases, or lets any room for less than a 10 hour period, or rents, leases or lets any single room more than twice in a 24 hour period.

"Sexually oriented/adult merchandise" means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

"Sexually oriented/adult motion picture arcade" means any business establishment or concern

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City of Orange, CA § 5.86.020

ORANGE CODE

§ 5.86.030

which, as a regular and substantial course of conduct, provides for the use of its customers any manually operated, coin or slug operated, or electrically or electronically operated or controlled still or motion picture or videotape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Sexually oriented/adult motion picture theater" means a business establishment or concern which, as a regular and substantial course of conduct, projects and presents motion pictures, videotape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified anatomical parts or relating to specified sexual activities.

"Sexually oriented/adult theater" means a theater, concert hall, auditorium, or other similar establishment which, as a regular and substantial course of conduct, presents live performances which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

"Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals; pubic hair; buttocks; natal cleft; perineum; anal region; pubic hair region; of female breast below a point immediately above the top of the areola; or

2. Human male genitals in a noticeably turgid state, even if completely and opaquely covered.

"Specified sexual activities" means:

1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, sapphism, urophilia, zooerastia, zoophilia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of human or animal ejaculation; or

4. Fondling or erotic or sexually oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation; or

8. Striptease or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.

• (Ord. 11-96; Ord. 21-98)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.030

§ 5.86.060

Persons who may be required to obtain a business license pursuant to the provisions of Title 5 of this code which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, as defined in this chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three years from the date each such transaction occurs. The business owner or the person designated by the business owner shall redact the name, address, telephone number or other similar information on the record which identifies the person purchasing the products, merchandise, services or entertainment such that it is not visible or discernible from the face of the record. Such records need not be kept if the licensee agrees that the business is subject to the sexually oriented/adult business permit provisions contained within this chapter. No person required to keep records under this section shall refuse to allow authorized representatives of the Police Department or the City's Code Enforcement Department to examine the records at reasonable times and places. (Ord. 11-96; Ord. 21-98)

It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any sexually oriented/adult business within the City of Orange unless the owner of said business first obtains, and continues to maintain in full force and effect, both a sexually oriented/adult businesses permit and a business license from the City of Orange for such business.

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 entertainment business regulatory permit.

(Ord. 11-96)

The owner of the proposed sexually oriented/adult business, shall be the only person eligible to obtain a sexually oriented/adult business permit. (Ord. 11-96)

The following information and items shall be submitted to the Business Services Coordinator by the owner at the time of applying for a sexually oriented/adult business permit:

• A. A completed sexually oriented/adult business permit application form signed by: (1) the owner of the proposed sexually oriented/adult business; and (2) either the record owner of the property (or the authorized agent of the record owner) or, if the business premises are subleased to the applicant business, the sublessor of the premises, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief.

• B. A nonrefundable deposit or processing fee and a permit administration fee in the amount

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City of Orange, CA § 5.86.060

ORANGE CODE

§ 5.86.070

set by resolution of the City Council.

• C. A professionally prepared complete plot plan and floor plan, drawn to one-eighth-inch scale and one-quarter-inch scale, respectively, whose dimensions are no smaller than 24 inches by 36 inches, showing all property boundary lines and off-street parking, the locations of all counters, equipment, partitions, sinks, plumbing, walls, electric outlets, manager's stations, and any other alteration or improvement necessary for the operation of the business, and demonstrating how the business will comply with all applicable requirements of this chapter.

• D. All other information required by the Business Services Coordinator pursuant to the sexually oriented/adult business permit information sheet.

• (Ord. 11-96; Ord. 21-98)

The Business Services Coordinator shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the Business Services Coordinator shall notify the applicant within 10 City business days of the date of the receipt of the application, in writing, that the application is not complete and what documents and/or information is necessary for the application to be determined to be complete. The applicant shall have 30 calendar days within which to submit the information necessary for the application to be deemed complete. If the applicant fails to do so within the 30 day period, the application shall be rendered null and void and the process shall be terminated. Within five City business days following the receipt of any such amended application or supplemental information, the Business Services Coordinator shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Upon a determination that the application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the applicant shall be notified in writing by the Business Services Coordinator that the application is complete. Upon receipt of a completed application, the Business Services Coordinator shall submit the application to the Police, Fire, and Community Development Department for investigation and, within 30 City business days thereof, shall issue the sexually oriented/adult business permit if the standards for issuance of the permit as contained within this chapter have been satisfied; otherwise, the permit shall be denied. The applicant shall be notified within five City business days of the date of the Business Services Coordinator issues the sexually oriented/adult business permit. If the Business Services Coordinator does not render a decision within 30 City business days of receipt of a completed application, the sexually oriented/adult business shall be issued a temporary operating permit which shall vest no rights and shall be subject to compliance with all operational criteria contained within Section 5.86.080. The times set forth in this section shall not be extended except upon the written consent of the applicant. The decision of the Business Services Coordinator shall be final unless appealed to the City Manager in the manner required by this chapter.

All notices required by this chapter shall be deemed given upon the date of either: (1) deposit of such notice in the course of transmission with the United States Postal Service, first class mail, postage prepaid, and addressed to the owner; or (2) personal service of such notice upon the applicant.

Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.070

§ 5.86.080

judicial review as provided by law. (Ord. 11-96; Ord. 21-98)

The Business Services Coordinator shall approve and issue a sexually oriented/adult business permit if the application and evidence submitted shows that:

• A. The sexually oriented/adult business is proposed to be located in a zone permitting the proposed underlying use and complies with other distance restrictions as follows:

  1. The sexually oriented/adult business is not proposed to be located within 1,000 feet of any residential zone or legal residential use, whether such residential zone or legal residential use is within or outside the corporate boundary of the City of Orange.

  2. The sexually oriented/adult business is not proposed to be located within 1,000 feet of any religious institution including but not limited to a church, synagogue, temple, or other building which is exempt from federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code, or a successor to that section, any public park, any public or private preschool, elementary, secondary, middle, junior high or high school, whether such use is within or outside the corporate boundaries of the City of Orange.

  3. The sexually oriented/adult business is not proposed to be located within 1,000 feet of any lot upon which there is located any other sexually oriented/adult business.

• B. The sexually oriented/adult business will not be located, in whole or in part, within any portable structure.

• C. The sexually oriented/adult business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.

• D. The sexually oriented/adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services and will not allow such activities on the premises.

• E. Any sexually oriented/adult business which allows patrons to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirement:

At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the sexually oriented/adult business is open to the public. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Orange Police Department and code Enforcement Officer of any violations of law observed. Any security guard required by this subparagraph 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 under the California State Private Security Services Act (commencing at Section 7580 of the California Business and Professions Code). No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person, or perform any other function while acting

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City of Orange, CA § 5.86.080

ORANGE CODE

§ 5.86.080

as a security guard.

• F. Landscaping shall conform to the standards established for the zone.

• G. The entire exterior grounds, including the parking lot, shall be lighted in accordance with City standards for such uses.

• H. The premises within which the sexually oriented/adult business is located shall provide sufficient sound absorbing insulation so that the noise generated inside said premises will not disturb the peace or quiet of any adjacent property or public right-of-way or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The determination may be made by a peace officer or may be proven by the testimony of any other person.

• I. 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.

• J. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

• K. Signage shall conform to the standards applicable to the zone; and

  1. Such signs shall be limited to the business name and the street address; and

  2. The notice required by this chapter shall be posted on the entrance door to the premises.

• L. The interior of the sexually oriented/adult business shall be configured such that there is an unobstructed view, by use of the naked eye, and unaided by video, closed circuit cameras or any other means, of every nonrestroom public area of the premises, including but not limited to the interior of all individual viewing areas, from one or more manager's stations which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet and located in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, one- or two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area using the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be physically present in each of the manager's stations at all times the business is in operation or open to the public in order to enforce all rules and regulations and to ensure that no patron is permitted access to any area in which patrons are not permitted as depicted in the application. The managers who are stationed in the manager's stations required hereunder shall not serve as performers or perform any function other than to observe from the manager's station and enforce all rules and regulations and to ensure that no patron is permitted access to any area in which patrons are not permitted as depicted in the application.

• M. Except as specifically provided in this chapter, the sexually oriented/adult business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located.

• N. No sexually oriented/adult material or sexually oriented/adult merchandise will be displayed in such manner as to be visible from any location other than within the premises

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.080

§ 5.86.080

occupied by the sexually oriented/adult business.

• O. No person under the age of 18 years shall be permitted within the premises at any time.

• P. The sexually oriented/adult business shall not operate or be open between the hours of 2:00 a.m. and 10:00 a.m. The foregoing shall not apply to sexually oriented/adult hotels.

• Q. The sexually oriented/adult 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 the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities.

The restrooms shall be free from all sexually oriented/adult materials and sexually oriented/ adult merchandise. Restroom(s) shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a sexually oriented/adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sexually oriented/adult bookstore, and which does not provide restroom facilities to its patrons or the general public.

• R. Except as otherwise required by law for sexually oriented/adult motion picture theaters, and except as provided with regard to sexually oriented/adult motion picture arcades, and with regard to sexually oriented/adult businesses providing live entertainment, all areas of the sexually oriented/adult business accessible to patrons shall be illuminated at least to the extent of 20 footcandle, minimally maintained and evenly distributed at ground level.

• S. The following additional regulations shall pertain to sexually oriented/adult motion picture arcades which provide more than one viewing area:

  1. No alteration in the physical layout depicted in the plot plan and/or floor plan submitted as part of the application may be made without the prior approval of the Business Services Coordinator.

  2. No individual viewing area may be occupied by more than one person at any one time.

  3. "Individual viewing area" shall mean a viewing area designed for occupancy by fewer than five persons. Individual viewing areas of the sexually oriented/adult business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas or between an individual viewing area and any restroom.

  4. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than 10 footcandles, minimally maintained as measured at the floor level.

  5. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to ensure that the illumination described above is maintained at all times that the establishment is open for business and/or patrons are present.

• T. The following additional regulations shall pertain to sexually oriented/adult businesses providing live entertainment depicting specified anatomical parts or involving specified

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City of Orange, CA § 5.86.080

ORANGE CODE

§ 5.86.080

sexual activities:

1. No person shall perform live entertainment involving either the display of specified anatomical parts or specified sexual activities for any patron of a sexually oriented/ adult business except upon a stage which is raised at least 18 inches above the level of the floor and which is separated from patrons by a fixed rail at least 30 inches in height at a distance of not less than six feet from the nearest area occupied by patrons while the stage is occupied by a performer. The entertainment shall not be provided in any room designed for the individual viewing of any person unless the area where the performer performs is separated from the patron-occupied area by a floor to ceiling and wall-to-wall physical barrier which does not allow physical contact between the performer and the patron. For the purpose of this subsection, neither the existence of a window, two-way mirror, or similar device or the presence of a bouncer or similar employee in an individual viewing area renders this subsection inapplicable to any room otherwise designed for the individual viewing of entertainment.

   2. The sexually oriented/adult business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

   3. The sexually oriented/adult business shall provide an entrance/exit to the premises for performers which is separate from the entrance/exit used by patrons.

   4. The sexually oriented/adult business shall provide access for performers between the stage and the dressing rooms which is completely separated from patrons. If such separate access is not physically feasible, the sexually oriented/adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other similar physical barrier which separates patrons and performers which actually prevents any physical contact between the patrons and the performers.

   5. No performer will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer while on the premises of a sexually oriented/adult business.

   6. Fixed rails at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this chapter. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than 20 footcandles, minimally maintained, as measured at floor level.

   7. No patron will directly pay or give any gratuity to any performer, and no performer will accept any direct payment from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person to person transfer of the gratuity. This section shall not prohibit the establishment of a nonhuman gratuity receptacle placed at least six feet from the stage or area occupied by the performer.

• U. Licensee shall agree by signing the license that he/she/it will indemnify, defend and hold the City harmless from any and all claims or liability that may arise out of City's granting of such license or arising out of the operation of the sexually oriented/adult business.

• V. The application shall be sworn to be true and correct by the owner under penalty of perjury.

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.080

§ 5.86.110

• W. The foregoing applicable requirements of this section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the sexually oriented/business permit issued pursuant to this chapter.

• X. Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the sexually oriented/adult business permit.

• Y. Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, nor any of the members, if a limited liability company or partnership, of the sexually oriented/adult business shall have been found guilty within the past two years of a violation of a "specified criminal act" as defined in Section 5.86.130 of this chapter, nor shall they have been found to have violated any of the provisions of a sexually oriented/adult business permit or similar permit or license in any city, county, territory or state.

• (Ord. 11-96; Ord. 21-98)

• A. It shall be a misdemeanor for any person under the age of 18 or any obviously intoxicated person to enter or remain on the premises of a sexually oriented/adult business at any time.

A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sexually oriented/adult business.

• B. It shall be a misdemeanor for any person having responsibility for the operation of a sexually oriented/adult business to allow any person under the age of 18 years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a sexually oriented/adult business has knowledge that the person is under the age of 18 years; or to allow any obviously intoxicated person to enter or remain on the premises of the business.

For the purpose of this section, the holder of a sexually oriented/adult business permit, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business.

(Ord. 11-96)

A sexually oriented/adult business permit shall be valid for a period of one year from the date of the permit approval.

(Ord. 11-96)

A sexually oriented/adult business permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirement that the sexually oriented/adult business is operated in compliance with all applicable provisions of this chapter. A request for permit renewal must be accompanied by a sexually oriented/adult business permit application, complete in full detail with current information, and payment of the renewal processing fee in the amount set by ordinance or resolution of the City Council. If the application conforms to the previously approved application and the sexually oriented/adult business has not changed, the permit shall

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City of Orange, CA § 5.86.110

ORANGE CODE

§ 5.86.130

be renewed by the Business Services Coordinator for another year.

Notice of such renewal, or denial, shall be given, in writing, to the permittee within 30 City business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature, or operation of the sexually oriented/adult business shall require a new application to be processed in the same manner as the original application. (Ord. 11-96)

No sexually oriented/adult business permit shall be sold, transferred, or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. A sexually oriented/adult business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the sexually oriented/adult business from one type of sexually oriented/ adult business use to another type of sexually oriented/adult business shall also render the permit null and void. A sexually oriented/adult business permit shall be valid only for the exact location specified in the permit.

(Ord. 11-96)

The permit holder shall allow officers of the City of Orange and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented/adult business for the purpose of ensuring compliance with the law at any time the sexually oriented/adult business is open for business or is occupied. The Business Services Coordinator shall revoke a sexually oriented/adult business permit when:

• A. Any of the applicable requirements contained in Section 5.86.080 ceases to be satisfied.

• B. The application is discovered to contain incorrect, false or misleading information.

• C. The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot on which the sexually oriented/adult business is located which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of Penal Code Sections243.4, 261, 261.5, 264.1, 266, 266a through 266K inclusive, 267, 286,286.5, 287, 288, 311 through 311.11 inclusive, 314, 315, 316 or 647.

• D. If, on two or more occasions within a 12-month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth above as a result of such person's activity on the premises or property on which the sexually oriented/adult business is located, and the person(s) were employees, contractors, or agents of the sexually oriented/adult business at the time the offense(s) was/were committed.

• E. If the permit holder or an employee has permitted or allowed prostitution or any criminal conduct on the premises.

• F. The sexually oriented/adult business has been operated in violation of any of the

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.130

§ 5.86.140

requirements of this chapter, any permit issued to the business, or any of the provisions of Section 5.86.080 which, by way of subsection W thereof, are deemed to be conditions of permit approval.

• (Ord. 11-96; Ord. 21-98; Ord. 07-24, 5/14/2024)

• A. Each individual to be employed in a sexually oriented/adult business, who engages in the services rendered by a nude model studio, sexual encounter establishment, or a live performer or entertainer shall be required to obtain a sexually oriented/adult business employee license. Each applicant shall pay a permit fee set by separate resolution. Said fee is to cover reasonable administrative costs of the licensing application process. Massage practitioners are not required to have such a permit, but are required to comply with Chapter 5.56 as well as Title 17 of the Orange Municipal Code.

• B. Before any applicant may be issued a sexually oriented/adult business employee license, the applicant shall submit on a form to be provided by the Business Services Coordinator or designee the following information:

  1. The applicant's name or any other names (including stage names) or aliases used by the individual;

  2. Age, date and place of birth;

  3. Height, weight, hair and eye color;

  4. Present residence address and telephone number;

  5. Present business address and telephone number;

  6. State driver's license or identification number;

  7. Social Security number;

  8. Acceptable written proof that the individual is at least 18 years of age;

  9. Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;

  10. A statement detailing the license or permit history of the applicant for two years immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, the date, the name of the issuing or denying jurisdiction, and the full reasons for the denial, revocation, or suspension shall be stated. A copy of any order of denial, revocation, or suspension shall be attached to the application;

  11. Whether the applicant has been convicted of a specified criminal act as defined in Section 5.86.130 of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting

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City of Orange, CA § 5.86.140

ORANGE CODE

§ 5.86.140

jurisdiction;

12. The Business Services Coordinator shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the Business Services Coordinator shall notify the applicant within 10 City business days of the date of the receipt of the application, in writing, that the application is not complete and what documents and/or information is necessary for the application to be determined to be complete. The applicant shall have 30 calendar days within which to submit the information necessary for the application to be deemed complete. If the applicant fails to do so within the 30 day period, the application shall be rendered null and void and the process shall be terminated. Within five City business days following the receipt of any such amended application or supplemental information, the Business Services Coordinator shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Upon a determination that the application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the applicant shall be notified in writing by the Business Services Coordinator that the application is complete. Upon receipt of a completed application, the Business Services Coordinator shall submit the application to the Police Department for an investigation to be made of such information as is contained in the application. The Business Services Coordinator shall render a decision on the application within 30 City business days from the date the application is deemed complete. The times set forth in this section shall not be extended except upon the written consent of the applicant. The decision of the Business Services Coordinator shall be final unless appealed to the City Manager in the manner required by this chapter. The Business Services Coordinator or designee shall issue a license unless the report from the Police Department finds that one or more of the following findings is true:

• a. That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or any report or record required to be filed with the Police Department or other department of the City;

• b. That the applicant is under 18 years of age;

• c. That the applicant has been convicted of a "specified criminal act" as defined in Section 5.86.130 of this chapter within two years of the date the application is submitted to the City;

• d. That the sexually oriented/adult business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;

• e. That the applicant has had a sexually oriented/adult business employee license revoked by the City within two years of the date the current application is submitted to the City;

• f. That the applicant has had a license, permit or other entitlement to work in a sexually oriented/adult business revoked by another jurisdiction within two years of the date of the current application;

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.86.140

§ 5.86.150

• g. In the event that the Business Services Coordinator has not rendered a decision on the application within seven days of the date the application is deemed complete, the applicant shall, upon request, be issued a temporary sexually oriented/adult business employee license which shall entitle the applicant to work in a sexually oriented/adult business until a decision is rendered on the application. This temporary license shall be operative for the above referenced interim period only and does not convey or confer any property rights upon the applicant. In the event that the Business Services Coordinator denies the application after the issuance of a temporary sexually oriented/adult business employee license, the applicant shall immediately cease and desist from any and all services it provides within a sexually oriented/adult business.

• C.

Renewal of License.

1. A license granted pursuant to this section shall expire one year from the date of the license's issuance. No sooner than 30 days prior to the expiration of the license, the licensee shall submit an annual renewal application to the Business Services Coordinator. The licensee shall be permitted to continue to provide the services for which its license was originally issued under such original license until such time as the Business Services Coordinator or designee either approves the renewal application, in which case the licensee shall be operating under the renewed license, or the Business Services Coordinator or designee denies the renewal application, in which case the licensee shall immediately cease and desist from providing any services within a sexually oriented/adult business. The Business Services Coordinator or designee shall deny a renewal license upon finding that "any specified criminal act" as defined in Section 5.86.130 of this chapter has been committed during the previous license period or that the licensee has committed any other act during the existence of the previous license period which would have been grounds to deny the initial permit application.

2. The renewal of the license shall be subject to payment of a fee as set by a resolution of the City Council.

• D. For purposes of this section, each person meeting the definition of "employee" in Section 5.86.020 shall comply with the requirements of this section.

• E. A sexually oriented/adult business employee license may be revoked if the licensee significantly violates any provision of this chapter for the terms of the sexually oriented/ adult business permit. The license may also be revoked for any conduct that would have caused a denial in the first instance.

• (Ord. 11-96; Ord. 21-98; Ord. 14-99)

• A. Any person aggrieved by any action of the City in issuing, failing to issue, suspending, or revoking any permit under this chapter, may appeal the decision by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set forth for the hearing on his or her appeal. Notice of the hearing is to be given to the applicant not less than 10 City business days before such hearing, either by registered or certified mail, postage prepaid, or in the manner required for service in civil

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City of Orange, CA § 5.86.150

ORANGE CODE

§ 5.86.180

actions.

• B. The right to appeal from the denial, suspension, or revocation of any permit required by this chapter shall terminate upon the expiration of 15 days following the date written notification advising the applicant of the action of the City and of his or her right to appeal such action.

• C. The hearing on the appeal shall be held within 20 City business days of the City Clerk's receipt of the appeal unless, in the reasonable discretion of the Hearing Officer and pursuant to a written request by the appealing party, a continuance of the hearing is granted. The status quo shall be maintained during the appeal such that any appeal of a decision suspending or revoking any permit or license issued pursuant to this chapter shall not take effect until such time as the appeal is heard and a decision is rendered thereon.

• D. The appellate hearing shall be presided over by a hearing officer. At the hearing, the City and the applicant shall be entitled to be represented by counsel, to introduce documents, evidence, and the testimony of witnesses and shall be entitled to cross-examine each party's witnesses. The hearing officer shall receive all relevant evidence and shall issue his/her findings and final decision within 10 City business days of the conclusion of the hearing and shall be delivered by first class mail, postage prepaid, to the appealing party. The decision of the hearing officer shall be final.

• E. Notwithstanding anything herein to the contrary, whenever the constitution requires that prompt judicial review is necessary for a decision impinging on First Amendment expression, the City shall ensure that prompt judicial review, as provided by law, is available before the administrative decision is effective.

• (Ord. 11-96; Ord. 21-98)

No person shall operate a sexually oriented/adult business without a permit, operate such business in violation of the terms of the permit including any diagram or attachment made a part thereof, or operate such a business other than in a proper and approved location for such business. No person shall perform any service or entertainment for which a sexually oriented/ adult business employee license is required without such a permit.

No person shall violate any provision of this chapter. Violations shall be punished as provided in Chapter 1.08 of the Orange Municipal Code. (Ord. 11-96)

The City Council does hereby determine that businesses and persons that operate in violation of this chapter or any permit or license issued hereunder are a public nuisance and authorize the filing of an injunctive action to abate the same. (Ord. 11-96)

The remedies set forth herein are cumulative and not mutually exclusive and all legal and equitable remedies, civil and criminal, shall be available to enforce the provisions of this chapter. (Ord. 11-96)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.88.010

§ 5.88.050