Division 1 — ADULT BUSINESSES

SEC. 16-335. PURPOSE.

The purpose of this article is to promote the health, safety, and general welfare of the citizens of the city by regulating adult businesses, by specifying appropriate locations for such businesses, and by requiring the separation of such businesses by a minimum distance, thereby reducing or eliminating the adverse secondary effects of such businesses. The purpose of this article is not to limit or restrict the content of any communicative materials, including sexually oriented materials, to restrict or deny access by adults to sexually oriented materials protected by the United States or State constitutions, or to deny access by distributors and exhibitors of sexually oriented materials and entertainment to their intended market. The purpose of this article is not to condone or legitimize the distribution of obscene material.

(`64 Code, Sec. 34-200) (Ord. No. 2313)

SEC. 16-336. DEFINITIONS.

For the purposes of this article, certain terms and words are defined as follows:

(A) ADULT BUSINESSES - Those businesses defined as follows:

(1) ADULT ARCADE - An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or

other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified anatomical areas or specified sexual activities.

(2) ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE - An establishment that has a significant or substantial portion of its stock-in-trade

or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its advertising to the sale, rental or viewing for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations characterized by the depiction or description of specified anatomical areas or specified sexual activities, or instruments, devices or paraphernalia designed or marketed primarily for stimulation of human genital organs or for sadomasochistic use.

(3) ADULT CABARET - A nightclub, bar, restaurant, “bottle club,” or similar establishment, whether or not alcoholic beverages are served, that regularly features:

(a) Persons who appear nude;

(b) Live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities; or

(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by the depiction of specified sexual activities or specified

anatomical areas.

(4) ADULT MASSAGE PARLOR - Any place where, for any form of consideration or gratuity, massage, alcohol rubs, administration of fomentations, electric or magnetic treatments, or any other treatment involving manipulation of the human body as a part of or in connection with specified sexual activities, are provided, and where any person providing such treatment, manipulation or services related thereto, exposes his or her specified anatomical areas. “Adult massage parlor” does not include the practice of massage in any licensed hospital or by a licensed physician, surgeon, chiropractor or osteopath, any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers of an athlete or an athletic team or school athletic program.

(5) ADULT MOTEL - A motel, hotel or similar commercial establishment that:

(a) Offers public accommodations, for any form of consideration, that provide patrons with closed-circuit television transmissions, films, motion pictures, video

cassettes, slides or other photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas; and

(b) Advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including

but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; and

(c) Offers a sleeping room for rent for a time period of less than ten hours; and

(d) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(6) ADULT MOTION PICTURE THEATER - An establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions

characterized by the depiction of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

(7) ADULT THEATER - A theater, concert hall, auditorium, or similar establishment that, for any form of consideration, regularly features persons who appear nude

or live performances characterized by the exposure of specified anatomical areas or the presentation of specified sexual activities.

(8) ESCORT AGENCY - A person or business that as one of its primary business purposes and for a fee, tip or other consideration furnishes, offers to furnish, or

advertises to furnish escorts on the premises. “Escorts” are persons who, on the premises of an escort agency and for patrons, act as companions, guides or dates or privately model lingerie or perform a striptease.

(9) NUDE MODEL STUDIO - Any place where a person who appears nude or displays specified anatomical areas is provided for money or any form of

consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Nude model studio does not include a nude modeling class:

(a) Offered by a college, junior college or university supported entirely or partly by taxation;

(b) Offered by a private college or university for class credits that are transferable to a college, junior college or university supported entirely or partly by taxation; or

(c) Held in a structure having no sign or other advertising visible from the exterior of the structure indicating that a nude model is available for viewing, where no

more than one nude model is on the premises at the same time, and where in order to participate in the class a student must enroll at least three days in advance of the class.

(10) SEXUAL ENCOUNTER ESTABLISHMENT - An establishment that as one of its primary business purposes offers for any form of consideration a place where

two or more persons, at least one of whom is nude, may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas. Sexual encounter establishment does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar licensed professional person engages in medically approved and recognized sexual therapy.

(B) CITY MANAGER - The manager of the city or designee.

(C) EMPLOYEE - A person who works or performs in and/or for an adult business, regardless of whether the person is paid a salary, wage or other compensation by the operator of the business.

(D) ESTABLISH - “Establish” and its variants (such as “establishing” and “establishment”) shall mean any of the following:

(1) The opening or commencement of an adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to an adult business; or

(3) The relocation of an adult business.

(E) NUDE - The display of the unclothed human buttocks, anus or genitals, or the areola or nipple of the female human breast, or a state of dress that fails opaquely and fully to cover such areas of the body.

(F) OPERATOR - The owner, permit holder, custodian, manager, or person in charge of the premises of an adult business.

(G) PERMITTEE - A person in whose name an adult business permit has been issued under this article, as well as the persons listed as applicants in the application for such permit.

(H) PERSON - An individual, proprietorship, partnership, corporation, association or other entity.

(I) PUBLIC BUILDING - Any building owned, leased or held by the United States, the State, the county, the city, a school district, or any other special district, agency or political subdivision of the State or the United States, which building is used for governmental purposes.

(J) PUBLIC PARK OR RECREATION AREA - Public land within the city that has been designated for park, recreational, or arts activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian or bicycle path, open space, wilderness area, or similar public land under the control, operation, or management of the city.

(K) RELIGIOUS INSTITUTION - Any church, synagogue, mosque, temple, or building used primarily for religious worship or related religious activities.

(L) RESIDENTIAL ZONE or RESIDENTIAL USE - Property zoned by the city for residential use or a single-family house, duplex, townhouse, multiple-family dwelling, mobile home park, campground, recreational trailer park, or travel trailer park.

(M) SCHOOL - Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. School includes the school grounds, but does not include facilities used primarily for noneducational purposes and only incidentally as a school.

(N) SPECIFIED ANATOMICAL AREAS - Any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the

areolae; or

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

(O) SPECIFIED CRIMINAL ACTS - Sexual crimes against children, sexual abuse or rape, or crimes connected with an adult business, including but not limited to distribution of obscenity, prostitution or pandering.

(P) SPECIFIED SEXUAL ACTIVITIES - Any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2) Actual or simulated sex acts, including intercourse, oral copulation, and sodomy;

(3) Actual or simulated masturbation;

(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5) Excretory functions as part of or in connection with any of the matters set forth in subsections (1) through (4) above.

(Q) YOUTH ORGANIZATION - Any building used primarily for meetings of a social, educational or athletic club or group composed primarily of persons under the age of 18 years.

(`64 Code, Sec. 34-201) (Ord. No. 2313)

SEC. 16-337. LOCATION OF ADULT BUSINESSES.

(A) Adult businesses, except for adult motels, may be established only within M-1 (light manufacturing) and M-L (limited manufacturing) zones on property designated for adult businesses on the map on file with the city clerk.

(B) Adult motels may be established only within the CBD (central business district), C-O (commercial office), C-2 (general commercial), C-M (commercial and light manufacturing) and BRP (business and research park) zones on property designated for adult motels on the map on file with the city clerk.

(C) Notwithstanding subsections (A) and (B) of this section, no person shall establish an adult business within 1,000 feet of another adult business or any religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes.

(D) Each adult business defined in section 16-336 shall be considered a separate business, whether or not owned or operated by the same persons.

(`64 Code, Sec. 34-202) (Ord. No. 2313)

SEC. 16-338. MEASUREMENT OF DISTANCE.

Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any adult business and any religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the business to the nearest property line of the religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes.

(`64 Code, Sec. 34-203) (Ord. No. 2313)

SEC. 16-339. EXISTING ADULT BUSINESSES.

(A) Any adult business lawfully operating on the effective date of this article [September 23, 1993] in a location in which section 16-337 does not allow an adult business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of 14 months, provided an adult business permit is issued for the business as provided in sections 16-340 through 16-342. The planning commission may grant one or more than one year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. “Reasonable financial investment” refers to investment as of August 10, 1993, including any written lease entered into by the permittee before such date and extending more than one year from such date.

(B) A nonconforming use may not increase the floor area occupied by the adult business on the effective date of this article. A nonconforming use shall terminate if voluntarily discontinued for 30 or more consecutive days. However, a nonconforming use may be changed to a conforming use.

(C) An adult business lawfully operating on the effective date of this article in a location in which section16-337 allows an adult business to be established is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult business permit, of a religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes, within 1,000 feet of the adult business. This provision applies only to the renewal of a valid adult business permit and does not apply when an application for a permit is submitted after a permit has expired or been revoked.

(D) If two or more adult businesses are lawfully operating on the effective date of this article in locations in which section16-337 allows adult businesses to be established and are within 750 feet of one another, the adult business that was first established and has been in continuous operation at the particular location is the conforming use and the later established business is nonconforming.

(E) All adult businesses operating on the effective date of this article shall apply for an adult business permit as provided in section16-340 within 30 days of such effective date. No such adult business shall continue to operate if the permit is denied.

(F) All adult businesses (except adult motels) operating on the effective date of this article and exhibiting on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the provisions of section 16-349 in order to be eligible for issuance of an adult business permit.

(`64 Code, Sec. 34-204) (Ord. No. 2313)

SEC. 16-340. ADULT BUSINESS PERMIT REQUIRED.

(A) No adult business shall operate without a valid adult business permit issued by the city for a particular type of adult business at a particular location.

(B) The city manager shall grant, deny, renew, suspend, revoke and transfer permits for proposed or existing adult businesses in accordance with this article.

(C) The application for a permit must be made on a form provided by the city manager. An original and two copies of the completed and sworn application form must be filed with the city manager. If the applicant is an individual, he or she must sign the application. If the applicant is other than an individual, an officer of the business entity or an individual who has a ten percent or greater interest in the business entity must sign the application.

(D) The completed application shall contain the following information and be accompanied by the following documents:

(1) If the applicant is:

(a) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory written proof that he or she is at least 18 years of age;

(b) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, and attach a copy of the

partnership agreement, if any; or

(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of

the State, 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.

(2) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant must state the fictitious name of the adult

business and show proof of registration of the fictitious name;

(3) A description of the type of adult business for which the permit is applied and the proposed address where the adult business will operate;

(4) The address to which notice of action on the application is to be mailed;

(5) The names of all employees required by section 16-347 to obtain an adult business employee license;

(6) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch

or diagram need not be professionally prepared, but must 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.

(7) A certificate and straight-line drawing prepared within 30 days prior to application by a State registered land surveyor, depicting the building and the portion thereof to be occupied by the adult business, and:

(a) Any structures containing existing adult businesses within 1,000 feet of the closest exterior wall of the building in which will be located the adult business for

which a permit is applied;

(b) The property lines of any religious institution, school, public park, recreation area or youth organization within 1,000 feet of the closest exterior wall of such

building; and

(c) The property lines of any residential zones or property used for residential purposes within 1,000 feet of the closest exterior wall of such building.

(8) A diagram of the off-street parking areas and premises entries of the adult business, showing the location of the lighting system required by section16-352; and

(9) If the adult business is to exhibit on the premises in a viewing room of less than 150 square feet of floor space films, video cassettes, or other video

reproductions that depict specified sexual activities or specified anatomical areas, the applicant shall comply with the requirements stated in section 16-349.

(E) The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.

(F) Applicants shall promptly supplement the application if the information therein, including the names of employees required by section16-347 to obtain an adult business employee license, changes in any way. Failure to supplement the application within 30 days from the date of such change shall be grounds for suspending the permit.

(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager 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.

(H) The fact that an applicant possesses other types of State or city permits or licenses (including but not limited to a business license, a special use permit, a massage permit, an arcade permit or a dance permit) does not exempt the applicant from the requirement of obtaining an adult business permit.

(`64 Code, Sec. 34-205) (Ord. No. 2313)

SEC. 16-341. INVESTIGATION AND ACTION ON APPLICATION.

(A) Upon receipt of an application and payment of the application and permit fees, the city manager shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the adult business is entitled to a permit.

(B) Within 30 days of receipt of the application, the city manager shall complete the investigation, grant or deny the application, and mail a copy thereof to the applicant, as follows:

(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual permit fee.

(3) If the application is granted, the city manager shall attach to the application an adult business permit.

(4) 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.

(`64 Code, Sec. 34-206) (Ord. No. 2313)

SEC. 16-342. ISSUANCE OF PERMIT.

(A) The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (C) of this section. The permittee shall post the permit conspicuously in the adult business premises.

(B) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in section 16-340), the applicant may begin operating the adult business for which the permit was sought.

(C) The city manager shall deny the application for any of the following reasons:

(1) If an individual, the applicant is under 18 years of age;

(2) The applicant has failed to provide information required by the permit application or has provided false information in the application;

(3) The application and annual permit fees have not been paid;

(4) The applicant is in violation of, or is not in compliance with, any of the provisions of this article, including but not limited to the locational requirements for an adult business set out in section 16-337. However, such locational requirements shall not apply to a nonconforming use described in section 16-339 during the period in which section 16-339 allows the nonconforming use to continue to operate in the location in which it was operating on the effective date of this article [September 23, 1993];

(5) The granting of the application would violate a statute, ordinance, or court order; or

(6) An applicant knowingly has employed to work in the adult business for which the permit is sought a person who does not have an adult business employee

license, as required by section 16-347 of this article.

(D) If a person applies for a permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there has not been a change in circumstances that could reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the city manager shall deny the application.

(`64 Code, Sec. 34-207) (Ord. No. 2313)

SEC. 16-343. EXPIRATION OF PERMIT.

(A) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in section16-340, accompanied by the annual permit fee and a copy of the permit to be renewed. The application fee and the certificate and drawing referred to in section 16-340 shall not be required. Application for renewal shall be made at least 30 days but not more than 60 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.

(B) Applications for renewal shall be filed no earlier than 45 days before the date the current permit expires and shall be acted on as provided in sections16-341 and 16-342.

(`64 Code, Sec. 34-208) (Ord. No. 2313)

SEC. 16-344. SUSPENSION OF PERMIT.

The city manager shall suspend a permit for a period not to exceed 30 days if the city manager determines that a permittee, or an employee of a permittee, violated or is not in compliance with any section of this article.

(`64 Code, Sec. 34-209) (Ord. No. 2313)

SEC. 16-345. REVOCATION OF PERMIT.

(A) The city manager shall revoke a permit if a cause of suspension, as set out in section16-344, occurs and the permit has been suspended within the preceding year.

(B) In addition, the city manager shall revoke a permit upon determining that:

(1) A permittee gave false or misleading information in the application that tended to enhance the applicant's opportunity to obtain the permit; or

(2) A permittee or an employee of a permittee knowingly operated the adult business during a period of time when the permit was suspended.

(C) When the city manager revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued another adult business permit for one year from the date the revocation became effective. If, subsequent to revocation, the city manager finds that the basis for revocation has been corrected, the city manager shall grant a permit if at least 30 days have elapsed since the date of revocation.

(`64 Code, Sec. 34-210) (Ord. No. 2313)

SEC. 16-346. TRANSFER OF PERMIT.

(A) A permittee shall not operate an adult business under the authority of a permit at any place other than the address of the adult business stated in the application for the permit.

(B) A permittee shall not transfer the permit to another person unless and until the transferee obtains an amendment to the permit from the city manager, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with section 16- 340, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city manager determines in accordance with sections 16- 341 and 16-342 that the transferee would be entitled to the issuance of an original permit.

(C) No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.

(D) 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.

(`64 Code, Sec. 34-211) (Ord. No. 2313)

SEC. 16-347. ADULT BUSINESS EMPLOYEE LICENSE.

(A) No person shall be employed in an adult business to engage in the services rendered by a nude model studio, escort agency, sexual encounter establishment, or adult massage parlor without a valid adult business employee license issued by the city.

(B) The city manager shall grant, deny and renew adult business employee licenses.

(C) The application for a license must be made on a form provided by the city manager. An original and two copies of the completed and sworn license application must be filed with the city manager.

(D) The completed application shall contain the following information and be accompanied by the following documents:

(1) 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) Present business address and telephone number;

(6) State driver's license or identification number;

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

(8) 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;

(9) A history of adult business licenses issued by the city to the applicant for the five years immediately preceding the date of application, including whether the applicant has ever had such 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 applicant shall state the date and the name of the jurisdiction and describe in full the reasons for the denial, revocation or suspension; a copy of any order of denial, revocation or suspension shall be attached to the application;

(10) A statement of whether the applicant has been convicted of a specified criminal act, including the date, place, nature of any such conviction or plea of nolo

contendere and the convicting jurisdiction; and

(11) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

(E) The completed application shall be accompanied by a nonrefundable application fee and an annual license fee. The license fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.

(F) Upon receipt of an application and payment of the application and license fees, the city manager shall immediately stamp the application as received and promptly refer the application to the police department for investigation and report concerning the information contained in the application.

(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(H) Within 30 days of receipt of the application, the police department shall report to the city manager and the city manager shall grant or deny the application and mail a copy thereof to the applicant, as follows:

(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual license fee.

(3) If the application is granted, the city manager shall attach to the application an adult business employee license.

(4) The application as granted or denied and the license, 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.

(I) The city manager shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in subsection (K) of this section.

(J) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after the application is stamped as received, except as provided in section 16-347, the applicant may begin employment in the capacity for which the license was sought.

(K) The city manager shall deny the application for any of the following reasons, based on the report from the police department:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license or in any report or document

required to be filed with the application;

(2) The applicant is under 18 years of age;

(3) The applicant has been convicted of a specified criminal act for which:

(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a

misdemeanor offense for the specified criminal act;

(b) Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a

felony offense for the specified criminal act; or

(c) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of

two or more misdemeanors for the specified criminals acts occurring within any 24-month period; and

(d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified

criminal act may qualify for an adult business employee license only after such periods have elapsed; provided, however, that if a conviction is set aside on appeal, the city manager shall disregard the conviction.

(4) The adult business employee license is to be used for employment in a business prohibited by State or city law.

(L) Each adult business employee license shall expire one year from the date of issuance and may be renewed only by filing with the city manager a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days, but no more than 45 days, before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed.

(M) On receiving a request for renewal, accompanied by the annual license fee, the city manager shall within 30 days renew the license, unless the police department reports that the applicant has been convicted of any specified criminal act or committed any act during the previous license period that would have been grounds to deny the initial license application, in which case the city manager shall deny renewal.

(`64 Code, Sec. 34-212) (Ord. No. 2313)

SEC. 16-348. REVIEW OF DENIAL, SUSPENSION OR REVOCATION.

After denial of an application for an adult business permit or an adult business employee license, or denial of renewal of a permit or license, or suspension or revocation of a permit, or denial of transfer of a permit, or denial by the commission of a request for an extension of time made pursuant to section 16-339, the applicant or person to whom the permit or license was granted may request review of such administrative action by the city council, according to a review procedure to be established by resolution of the city council. On rendition of the city council’s decision, the city or the applicant or permittee may seek review of such administrative action by the courts pursuant to Cal. Code of Civil Procedure, Section 1094.8.

(`64 Code, Sec. 34-213) (Ord. No. 2313)

SEC. 16-349. REGULATIONS PERTAINING TO ADULT BUSINESSES WITH VIDEO BOOTHS.

(A) An applicant, operator or permittee of an adult business (other than an adult motel), regardless of whether or not a permit has been issued to the business under this article, which business exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1) The application for an adult business permit shall be accompanied by a diagram of the premises showing the location of one or more manager's stations, the

location of all overhead lighting fixtures, and any portion of the premises to which patrons will not be admitted. A manager's station may not exceed 32 square feet of floor area, with no dimension greater than eight feet. The diagram shall also designate the place where the adult business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint is not required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city manager may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.

(2) No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.

(3) At least one employee shall be on duty and situated at each manager's station at all times that any patron is present inside the premises.

(4) The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is admitted for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more managers' stations designated, the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is admitted for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(B) The view area specified in subsection (A)(4) shall remain unobstructed at all times by any doors, walls, merchandise, display racks or other materials. No patron shall be admitted to any area of the premises that has been designated as an area in which patrons will not be admitted in the diagram submitted pursuant to subsection (A)(1) of this section.

(C) No viewing room may be occupied by more than one person at any one time. The entry to each viewing room shall be open and not be covered by any door, panel, curtain or other obstruction to view.

(D) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are admitted at an illumination of not less than two footcandles, as measured at the floor level. Such illumination shall be maintained at all times that any patron is present on the premises.

(`64 Code, Sec. 34-214) (Ord. No. 2313)

SEC. 16-350. RESTRICTIONS REGARDING MINORS.

(A) In order to protect minors from exposure to material harmful to minors, except as set out below the operator of an adult business shall not knowingly, or with reasonable cause to know, permit, suffer, or allow a person under 18 years of age to:

(1) Be admitted into the adult business premises unless accompanied by a parent or guardian;

(2) Remain on the adult business premises unless accompanied by a parent or guardian;

(3) Purchase goods or services at the adult business premises without the specific consent of a parent or guardian; or

(4) Work at the adult business premises as an employee.

(B) The permittee shall not allow any portion of the interior of the premises of the adult business to be visible from outside the premises.

(`64 Code, Sec. 34-215) (Ord. No. 2313)

SEC. 16-351. SIGNS.

Adult businesses are subject to applicable provisions of the city's sign ordinances. In addition, no signs or material visible from the exterior of the adult business premises shall advertise the presentation of any activity prohibited by federal, city or State law or depict materials or performances available at the adult business. However, signs visible from the exterior of the business premises may advertise the existence and location of the business.

(`64 Code, Sec. 34-216) (Ord. No. 2313)

SEC. 16-352. LIGHTING.

All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to the close of business with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways.

(`64 Code, Sec. 34-217) (Ord. No. 2313)

SEC. 16-353. HOURS OF OPERATION.

No adult business shall be open for business, nor shall any employee of an adult business engage in or solicit a performance, sale or service in connection with the business, between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(`64 Code, Sec. 34-218) (Ord. No. 2313)

SEC. 16-354. CRIMINAL PENALTIES AND ADDITIONAL REMEDIES.

(A) In addition to whatever penalties are applicable under the Cal. Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of section 16-337; subsections 16-339(B), (C) or (D); section 16-340(A); section 16-346(A); section 16-347(A); section 16-350; or section 16-353 of this division such person upon conviction of such offense shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days in the county jail, or both, in the discretion of the court. Each violation or instance of noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

(B) Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

(`64 Code, Sec. 34-219) (Ord. No. 2313)

SEC. 16-355. IMMUNITY FROM PROSECUTION.

The city, the police department and all other city departments and agencies, and all city officers, agents and employees charged with enforcement of State and city statutes and laws shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult business while acting within the scope of authority conferred by this article.

(`64 Code, Sec. 34-219.1) (Ord. No. 2313)