Chapter 4.55 — ADULT ENTERTAINMENT ESTABLISHMENTS

It is the purpose and intent of this chapter to provide for the orderly regulation of adult entertainment establishments, as defined in this chapter, in the interests of the public health, safety and welfare by providing certain minimum building, sanitation, health and related standards and regulations for adult entertainment establishments, and by providing standards for operators of adult entertainment establishments.

(Ord. 2946 § 4 (part), 1976)

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section.

(a) "Adult entertainment enterprise" means:

(1) Any business activity wherein is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, to be in the presence of, be entertained by the unclothed body or the unclothed portion of the body of another person, or be so painted, felt, handled, touched or observed by another person, or to observe, view or photograph any such activity, and shall include, but not be limited to the following business activities and activities similar thereto: nude encounter studios, adult or nude dance studios, adult or nude exhibitions, peep shows, nude wrestling centers, and adult or nude art or photograph studios. "Unclothed portion of the body" means a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks, or female breast with only the nipple and areola covered.

(2) Any business activity wherein a substantial part of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and/or performance of sexual activities.

(3) Adult theaters are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." An "adult theater" is a commercial establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides, or similar photographic or electronic reproductions are regularly shown and which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," or to which minors are not admitted, or with respect to which advertising for said pictures is contained in the adult theaters section of local newspapers, or in which sexual intercourse, oral copulation, masturbation, homosexual acts or other specified sexual activities are actually shown, or simulated.

(4) Adult book stores are within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult book store" means any premises in which twenty percent or more of the titles offered or to which twenty percent or more of the actual display area of the store is devoted to merchandise, which books, magazines, periodicals or merchandise depict or describe specified sexual activity, or to which any of the advertising for such titles is made in the adult theaters section of local newspapers. This section does not apply to displays of up to ten periodicals in the premises in which sales of the same are incidental to other business.

isplay area of the store is devoted to merchandise, which books, magazines, periodicals or merchandise depict or describe specified sexual activity, or to which any of the advertising for such titles is made in the adult theaters section of local newspapers. This section does not apply to displays of up to ten periodicals in the premises in which sales of the same are incidental to other business.

(5) Adult arcades are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, currency operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

(6) Adult video stores are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult video store" means a commercial establishment which, as one of its principal business purposes (as evidenced by the fact that twenty percent or more of the articles or titles offered or to which twenty percent or more of the actual display area of the store is devoted, whichever is less), offers for sale or rental for any form of consideration any one or more of the following:

(A) Photographs, films, motion pictures, laser discs, video cassettes, video tapes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(B) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

(7) Adult cabarets are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(A) Persons who appear in a state of nudity; or

(B) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(C) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

(8) "Specified anatomical areas" mean human genitals in a state of sexual arousal.

(9) "Specified sexual activities" mean and include any of the following:

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

(B) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(C) Masturbation, actual or simulated; or

(D) Excretory functions as part of or in connection with any of the activities set forth in subsections (a)(9)(A) through (a)(9)(C) above.

(10) "Substantial enlargement of an adult entertainment enterprise" means the increase in floor area occupied by the business by more than ten percent, as the floor area exists on the effective date of the ordinance codified in this section.

(11) The following are specifically excluded from the meaning of the term "adult entertainment enterprise":

(A) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state of California;

(B) Nurses registered under the laws of the state of California;

(C) Trainers of any amateur, semiprofessional or professional athlete, or athletic team;

(D) Barbers and beauticians who are duly licensed under the laws of the state of California;

(E) Any activity conducted or sponsored by any school district or other public agency; and

(F) Any activity conducted by a person pursuant to any license issued by the state of California or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession.

(b) "Adult entertainment establishment" means any establishment or place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on any adult entertainment enterprise regardless of whether any other use is also conducted on the premises.

(c) "Employee" means every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the conduct of the adult entertainment enterprise.

(d) "License" means the business license to operate an adult entertainment establishment as required by this chapter.

(e) "Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.

(Ord. 3944 § 2, 1990: Ord. 2946 § 4 (part). 1976)

It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of an adult entertainment establishment without the license obtained from the chief of police as required by this chapter. An adult entertainment license shall be issued to any person who has complied with the requirements of Sections 4.55.050, 4.55.070 and all other applicable provisions of this code, unless grounds for denial of such license are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial include:

(a) The applicant made a material misstatement in the application for a license;

(b) The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence. The basis for denial stated in this subsection (b) shall not apply to adult theaters, adult bookstores, adult arcades or adult video stores. Prior to denying a license under this chapter for either of said activities by reason of such conviction, the chief of police shall make a finding that by reason of the nature of the conviction or underlying facts, or by reason of the anticipated nature of the activities to be carried out under the license applied for, or by reason of any other relevant factors, the issuance of such license would be inconsistent with the general health, safety and welfare;

(c) That the operation of an adult entertainment establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;

(d) That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of adult entertainment establishments.

(Ord. 3947 § 2, 1990: Ord. 3113 § 8, 1979: Ord. 2946 § 4 (part), 1976)

Any application for a license to operate an adult entertainment establishment shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule. The application fee shall be used to defray, in part, administrative costs incurred in the processing of such application, and is not made in lieu of any other fees or taxes required under this code. A license to operate an adult entertainment establishment shall be renewed annually. The nonrefundable renewal fee shall be as set forth in the municipal fee schedule.

(Ord. 2960 § 32, 1976: Ord. 2946 § 4 (part), 1976)

Any application for a license to operate an adult entertainment establishment shall be made with the chief of police. Within thirty working days following receipt of a completed application, the chief of police shall either issue the license or mail a written statement of his reasons for denial thereof. The application shall set forth the exact nature of the activities proposed to be conducted, the proposed place of business and facilities

therefor, and the name and address of each applicant. The chief of police may require the applicant to allow fingerprints to be taken for the purpose of establishing identification. In addition to the requirements of Chapter 4.04 and the foregoing, any applicant shall furnish the following information:

(a) The previous addresses of each applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence of each;

(b) Written proof that the applicant is at least eighteen years of age;

(c) The applicant shall allow the police department official who processes the application to take photographs of the applicant;

(d) Applicant's height, weight, color of eyes and hair;

(e) Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;

(f) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

(g) The names and residence addresses of all persons currently employed or intended to be employed in the adult entertainment establishment, regardless of the nature of employment, along with the proposed or actual nature of the work performed or to be performed and recent passport- size photographs of each employee, suitable to the police department official processing the application. The chief of police may require each such employee to allow fingerprints to be taken for the purpose of identification. Any applicant or licensee shall notify the city in writing of the names and addresses and shall supply such photographs of any new employees within five days of such employment. Such new employees shall allow fingerprints to be taken for identification purposes;

(h) Such other information as may be deemed necessary by the chief of police.

(Ord. 2946 § 4 (part), 1976)

In the event a license application has been denied, the applicant shall proceed pursuant to the appeal and hearing provisions inChapter 4.04.

(Ord. 2946 § 4 (part), 1976)

All adult entertainment establishments shall comply with the following facilities and operations requirements:

(a) Such establishments shall comply with all code requirements.

(b) A minimum of one tub or shower, and one toilet and washbasin shall be provided in every such establishment, except that this provision shall not apply to adult bookstores, adult theaters, adult arcades, or adult video stores, unless the establishments offer other adult entertainment in addition to the goods and services described in the definitions of those terms.

(c) Cabinets or other covered spaces shall be provided for the storage of clean linen, where necessary. Approved receptacles shall be provided for the storage of all soiled linen and paper towels, if any.

(d) Minimum ventilation shall be provided in accordance with the building code of the city. To allow for adequate ventilation in cubicles, rooms and areas provided for patrons' use, which are not serviced directly by required window or mechanical systems of ventilation, partitions shall be constructed so that the height of partitions does not exceed seventy-five percent of the floor-to-ceiling height of the area in which they are located, provided that cubicles or rooms are allowed in light of the provisions of Section 4.55.075.

(e) All plumbing and electrical installations shall be installed under permit and inspection of the building inspection department, and such installations shall be installed in accordance with the Uniform Building Code and the Uniform Plumbing Code.

(f) The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface.

(g) All lavatories or washbasins shall be provided with hot and cold running water, soap and single-service towels in wall-mounted dispensers.

(h) Security deposit facilities capable of being locked by the patron or a security bag that may be carried by the patron shall be available for the protection of valuables of the patrons, except that this provision shall not apply to adult bookstores, adult theaters, adult arcades, or adult video stores.

(i) Every portion of the establishment, including appliances, apparatus and personnel, shall be kept clean and operated in a sanitary condition.

(j) All such establishments shall be provided with clean and sanitary towels, sheets and linens in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle. The provisions of this subsection shall not apply to adult bookstores, adult theaters, adult arcades, or adult video stores.

linens shall not be used by more than one person. Reuse of such linen is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle. The provisions of this subsection shall not apply to adult bookstores, adult theaters, adult arcades, or adult video stores.

(k) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms, if any, shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs, if any, shall be thoroughly cleaned and disinfected after each use.

(l) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing any services involving contact with any patron, and said instruments shall be disinfected and sterilized after each use.

(m) Pads used on any tables shall be covered with durable, washable plastic or other acceptable waterproof material.

(n) Each service offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location in each establishment, except that the provisions of this subsection shall not apply to adult bookstores, adult theaters, adult arcades, or adult video stores. All letters and numbers shall be capitals, and not less than one-half inch in height.

(o) Adult entertainment establishments shall close and remain closed from eleven p.m. to nine a.m.

(p) No adult entertainment establishment shall be allowed:

(1) Within two hundred fifty feet of the exterior property limits of any public or private elementary school, junior high school or high school;

(2) Within two hundred fifty feet of the exterior limits of any district where residential use is the principal permitted use, including R and RM districts, O-S districts, and any P-C or P-F districts where the principal use permitted or maintained is residential; or

(3) Within twelve hundred feet of the exterior property limits of any other premises lawfully occupied by an adult entertainment establishment, a cardroom, massage establishment or hot tub/sauna establishment. For the purpose of determining compliance with standard (3), as to, between, and with respect to establishments lawfully in operation on September 27, 1976, priority between such existing establishments shall be assigned in accordance with the dates upon which said establishments commenced such lawful operation, priority being given to the establishment having the earliest of such dates. In the event any dispute arises regarding said date, the applicant shall have the obligation to establish the date on which he commenced lawful operation. All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved, except that when an enterprise subject to the provisions of this section occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the units so occupied.

(Ord. 3947 § 1, 1990: Ord. 3113 § 9, 1979: Ord. 2946 § 4 (part), 1976)

No adult entertainment enterprise or adult entertainment establishment shall be partitioned or divided into any private booth or cubicle accessible to limited numbers of patrons of the establishment and shielded from the view of other persons within the establishment where such booth or cubicle is used or to be used for any of the following:

(a) The presentation, exhibition, featuring, or viewing of anything described in Section4.55.020(a)(9);

(b) The participation of any activity described in Section 4.55.020(a)(1);

(c) The viewing of any films, video cassettes, other visual media, any theatrical or artistic performance, or the reading of any book, magazine or publication described in Sections 4.55.020(a)(3), 4.55.020(a)(4), 4.55.020(a)(5), or 4.55.020(a)(6).

(Ord. 3944 § 3, 1990)

Any and all investigating officials of the city shall have the right to enter adult entertainment establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, health regulations or provisions of this chapter. A warrant shall be obtained whenever required by law.

(Ord. 2946 § 4 (part), 1976)

No person licensed to operate an adult entertainment establishment shall operate under any name or conduct business under any designation not specified in the license.

(Ord. 2946 § 4, (part), 1976)

Upon a change of location of an adult entertainment establishment, an application to the chief of police shall be made, and such application shall be granted; provided, all applicable provisions of this code are complied with and a change of location fee as set forth in the municipal fee schedule to defray, in part, the administrative costs incurred has been paid to this city.

(Ord. 2960 § 32A, 1976: Ord. 2946 § 4 (part), 1976)

No license issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engage in the enterprise for which the license is issued. As used in this section, transfer includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to Section 4.55.050(f), including transfer of more than ten percent of the stock of any corporation.

(Ord. 2946 § 4 (part), 1976)

The owner or operator of an adult entertainment establishment shall display the establishment license in an open and conspicuous place on the premises. Passport-size photographs of the licensee shall be affixed to the license on display pursuant to this section.

(Ord. 2946 § 4 (part), 1976)

Any licensee whose license has been suspended or revoked shall proceed pursuant to the appeal and hearing provisions ofChapter 4.04.

(Ord. 2946 § 4 (part), 1976)

Any operators of any establishment subject to the provisions of this chapter, and legally doing business on the effective date of this chapter shall comply with all application and other requirements within sixty days of the effective date of this chapter. Any such establishment which after application is denied a license under Section 4.55.050 by the city solely by reason of its noncompliance with Section4.55.070(p), shall comply with all provisions of this section and obtain such license within three years of the effective date of this chapter; provided, however, that any such establishment which intends in any way to transfer ownership or alter or change the nature of any such adult entertainment establishment on or after the effective date of this section shall obtain a license pursuant to this chapter prior to such transfer, alteration or change. Any such use which,

at the expiration of said period is not in compliance with the provisions of this chapter and in possession of a validly issued license shall at that time discontinue and abate the operation of said enterprise. Any establishment legally existing on the effective date of this chapter and which is denied a license solely by reason of its noncompliance with Section 4.55.070(p), and for which a license would otherwise be issued, shall be issued a limited- term license, which shall contain a statement on its face that said use is being continued pursuant to the provisions of this section and stating the expiration date of the period of lawful operation and that said limited-term license shall not be renewed beyond said date. Any establishment operating pursuant to such limited-term license shall be subject to all provisions of this chapter except for the provision of Section 4.55.070(p) as provided herein.

(Ord. 2946 § 4 (part), 1976)

Chapter 4.04 shall apply to the subject matter of this chapter in all respects, including those not specifically mentioned in this chapter. Any circumstances constituting grounds for denial shall also constitute grounds for revocation, suspension or disciplinary action.

(Ord. 3113 § 10, 1979: Ord. 2946 § 4 (part), 1976)