Chapter 5.45 — SEXUALLY ORIENTED BUSINESSES

It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Findings and rationale supporting this purpose are set forth in the uncodified provisions of the ordinances adopted to implement and to amend this chapter.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 2, 3-4-2019)

For purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

A.

"City manager" means the city manager or his/her designee.

B.

"Adult bookstore or adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one or more of the following criteria:

At least 35% of the establishment's displayed merchandise consists of said items;

The establishment maintains at least 35% of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items);

The establishment maintains at least five hundred square feet (500 sq. ft.) of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items);

At least 35% of the establishment's revenues derive from the sale or rental, for any form of consideration of said items;

The establishment regularly offers for sale or rental at least five hundred (500) of said items; or

Maintains an "adult arcade," which means a commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than 100 square feet wherein image-producing devices are regularly maintained to show images characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."

C.

"Adult cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly offers live semi-nude conduct. No establishment shall avoid classification as an adult cabaret by offering nude conduct.

D.

"Adult motion picture theater" means a commercial establishment to which the public is permitted or invited that maintains viewing rooms that are 100 square feet or larger wherein films or videos characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas" are regularly shown.

E.

"Characterized by" means describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

F.

"City" means the city of Pasadena, California.

G.

"Employ, employee, and employment" describe and pertain to any person who works or engages in activity for pay on the premises of a sexually oriented business, on a full-time, part-time, temporary, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

H.

"Establish or establishment" means and includes any of the following:

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or

The addition of any sexually oriented business to any other existing sexually oriented business.

I.

"Floor space" means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

J.

"Hearing officer" means the person retained to serve as an independent tribunal to conduct hearings under this chapter.

K.

"Influential interest" means the actual power to control or influence the operation, management or policies of the sexually oriented business or legal entity which operates the sexually oriented business. An individual is deemed to have an "influential interest" if he or she (1) is the on-site general manager of the sexually oriented business, (2) owns a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business, or (3) holds an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.

L.

"Permittee" means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business permit. In the case of an "employee," it means the person in whose name the sexually oriented business employee permit has been issued.

M.

"Nudity or nude conduct" means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. For purposes of this article, a "fully opaque covering" must be non-flesh colored, shall not consist of any substance that can be washed or peeled off the skin (such as paint, make-up, or latex), and shall not simulate the appearance of the anatomical area that it covers.

N.

"Operate or cause to operate" means to cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or permittee of the business.

O.

"Person" means individual, proprietorship, partnership, corporation, association, or other legal entity.

P.

"Premises" means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking

lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permittee, as described in the application for a sexually oriented business permit.

Q.

"Regularly" means recurring, attending, or functioning at fixed or uniform intervals.

R.

"Semi-nude or state of semi-nudity" means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

S.

"Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a modeling class operated:

By a college, junior college, or university supported entirely or partly by taxation;

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three days in advance of the class.

T.

"Sexual device" means any three-dimensional object designed for stimulation of the male or female human genitals, anus, or nipple, or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily designed for protection against sexually transmitted diseases or for preventing pregnancy.

U.

"Sexual device shop" means a commercial establishment:

Where more than 100 sexual devices are regularly made available for sale or rental; or

Where sexual devices are regularly made available for sale or rental and the establishment regularly gives special prominence to sexual devices (e.g., by using lighted display cases for sexual devices, having a room or discrete area of the establishment significantly devoted to sexual devices, positioning sexual devices near cash registers or similar points of sale, hosting events focused on sexual devices, or holding itself out to the public as a place that focuses on sexual devices).

This definition shall not be construed to include any pharmacy or establishment primarily dedicated to providing medical products.

V.

"Sexually oriented business" means an "adult bookstore or adult video store," an "adult cabaret," an "adult motion picture theater," a "semi-nude model studio," or a "sexual device shop."

W.

"Specified anatomical areas" means and includes:

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

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

X.

"Specified criminal activity" means any of the following specified crimes for which less than five years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency;

Prostitution, keeping a place of prostitution, pimping, or pandering;

Obscenity, disseminating or displaying matter harmful to a minor, or use of child in sexual performance;

Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity;

Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or

Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.

Y.

"Specified sexual activity" means any of the following:

Intercourse, oral copulation, masturbation or sodomy; or

Excretory functions as a part of or in connection with intercourse, oral copulation, masturbation, or sodomy.

Z.

"Transfer of ownership or control" of a sexually oriented business means any of the following:

The sale, lease, or sublease of the business;

The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

AA.

"Viewing room" means the room or booth where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 3, 3-4-2019)

The classifications for sexually oriented businesses shall be as follows:

A.

Adult bookstore or adult video store;

B.

Adult cabaret;

C.

Adult motion picture theater;

D.

Semi-nude model studio;

E.

Sexual device shop.

(Ord. 7077 § 2 (part), 2006)

A.

Business Permit. It is unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business permit.

B.

Employee Permit. It is unlawful for any person to be an "employee," as defined in this chapter, of a sexually oriented business in the city without a valid sexually oriented business employee permit, except that a person who is a permittee under a valid sexually oriented business permit shall not be required to also obtain a sexually oriented business employee permit. It shall be unlawful for any person who operates a sexually oriented business to employ a person at the establishment who does not have a valid sexually oriented business employee permit.

C.

Application. An applicant for a sexually oriented business permit or a sexually oriented business employee permit shall file in person at the finance department a completed application made on a form provided by the city. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business permit in person on behalf of the business. The application shall be signed as required by subsection D of this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection C, accompanied by the appropriate licensing fee:

The applicant's full legal name and any other names used by the applicant in the preceding five years;

Current business address or another mailing address for the applicant;

Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;

If the application is for a sexually oriented business permit, the business name, location, legal description, mailing address and phone number of the sexually oriented business;

If the application is for a sexually oriented business permit, the name and business address of the statutory agent or other agent authorized to receive service of process;

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable;

A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to a court order of closure.

An application for a sexually oriented business permit shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the set-up and configuration of the premises meets the requirements of the applicable regulations. The city manager may waive the requirements of this subsection (8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. The information provided pursuant to this Section 5.45.040 shall be supplemented in writing by certified mail, return receipt requested, to the city manager within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

If the application is for a sexually oriented business employee permit, the name and address of the establishment where the applicant intends to use the employee permit.

D.

Signature. A person who seeks a sexually oriented business employee permit under this section shall sign the application for a permit. If a person who seeks a sexually oriented business permit under this section is an individual, he shall sign the application for a permit as applicant. If a person who seeks a sexually oriented business permit is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a permit as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a permittee if a permit is granted.

E.

The information provided by an applicant in connection with an application for a permit under this chapter shall be maintained by the office of the city manager on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 4, 3-4-2019)

A.

Sexually Oriented Business Permit. Upon the filing of a completed application for a sexually oriented business permit, the city manager shall immediately issue a temporary permit to the applicant if the completed application is from a preexisting sexually oriented business that is lawfully operating in the city and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business permit. The temporary permit shall expire upon the final decision of the city to deny or grant an annual permit. Within thirty days of the filing of a completed sexually oriented business permit application, the city manager shall either issue a permit to the applicant or issue a written notice of intent to deny a permit to the applicant. The city manager shall issue a permit unless:

An applicant is less than eighteen years of age.

An applicant has failed to provide information required by this chapter for issuance of a permit or has falsely answered a question or request for information on the application form.

The permit application fee required by this chapter has not been paid.

The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in a location where a sexually oriented business is allowed to operate under the Pasadena Zoning Code and Pasadena Municipal Code.

Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

B.

Employee Permit. Upon the filing of a completed application for a sexually oriented business employee permit, the city manager shall immediately issue a temporary permit to the applicant if the applicant seeks licensure to work in a permitted sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee permit. The temporary permit shall expire upon the final decision of the city to deny or grant an annual permit. Within thirty days of the filing of a completed sexually oriented business employee permit application, the city manager shall either issue a permit to the applicant or issue a written notice of intent to deny a permit to the applicant. The city manager shall issue a permit unless:

The applicant is less than eighteen years of age.

The applicant has failed to provide information as required by this chapter for issuance of a permit or has falsely answered a question or request for information on the application form.

The permit application fee required by this chapter has not been paid.

Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

C.

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the permit issued to the permittee(s), the expiration date, and, if the permit is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's permit on his or her person or on the premises where the permittee is then working or performing.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 5, 3-4-2019)

The initial permit and annual renewal fees for sexually oriented business permits and sexually oriented business employee permits shall be as established by resolution of the city council.

(Ord. 7077 § 2 (part), 2006)

Sexually oriented businesses and sexually oriented business employees shall permit inspectors to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the permitted premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.

(Ord. 7077 § 2 (part), 2006)

A.

Each permit shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such permit may be renewed only by making application and payment of a fee as provided in this chapter. When a renewal permit is issued, it shall become effective the day after the previous permit expires and shall remain valid for a period of one calendar year from its effective date unless otherwise suspended or revoked.

B.

Application for renewal of an annual permit should be made at least ninety (90) days before the expiration date of the current annual permit, and when made less than ninety days before the expiration date, the expiration of the current permit will not be affected.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 6, 3-4-2019)

A.

The city manager shall issue a written notice of intent to suspend a sexually oriented business permit for a period not to exceed thirty days if the sexually oriented business permittee has knowingly or recklessly violated this chapter or has knowingly or recklessly allowed an employee to violate this chapter.

B.

The city manager shall issue a written notice of intent to suspend a sexually oriented business employee permit if the employee has knowingly or recklessly violated this chapter.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 7, 3-4-2019)

A.

The city manager shall issue a written notice of intent to revoke a sexually oriented business permit or a sexually oriented business employee permit, as applicable, if the permittee knowingly or recklessly violates this chapter or has knowingly or recklessly allowed an employee to violate this chapter three or more times within a twelve-month period.

B.

The city manager shall issue a written notice of intent to revoke a sexually oriented business permit or a sexually oriented business employee permit, as applicable, if:

The permittee has knowingly given false information in the application for the sexually oriented business permit or the sexually oriented business employee permit;

The permittee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;

The permittee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;

The permittee knowingly or recklessly operated the sexually oriented business during a period of time when the permit was finally suspended or revoked;

The permittee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the sexually oriented business;

The licensee has knowingly or recklessly allowed a person under the age of twenty-one (21) years to consume alcohol on the premises of the sexually oriented business;

The licensee has knowingly or recklessly allowed a person under the age of eighteen (18) years to appear in a semi-nude condition or in a state of nudity on the premises of the sexually oriented business; or

The licensee has knowingly or recklessly allowed three (3) or more violations of this chapter within a twelve-month period.

C.

The fact that any relevant conviction is being appealed shall have no effect on the revocation of the permit, provided that, if any conviction which serves as a basis of a permit revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

D.

When, after the notice and hearing procedure described in this chapter, the city revokes a permit, the revocation shall continue for two years and the permittee shall not be issued a sexually oriented business permit or sexually oriented business employee permit for two years from the date revocation becomes effective.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 8, 3-4-2019)

A.

When the city manager issues a written notice of intent to deny, suspend, or revoke a permit, the city manager shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or permittee by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the city manager for the applicant or permittee. The notice shall also set forth the following: The applicant or permittee shall have ten days after the delivery of the written notice to submit, at the office of the city manager, a written request for a hearing. If the applicant or permittee does not request a hearing within said ten days, the city

manager's written notice shall become a final denial, suspension, or revocation, as the case may be, on the thirtieth day after it is issued.

B.

If the applicant or permittee (hereafter, "petitioner") does make a written request for a hearing within said ten days, then the city manager shall, within ten days after the submission of the request, send a notice to the petitioner indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than twenty days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.

C.

At the hearing, the petitioner shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city manager's witnesses. The city manager may also be represented by counsel, present evidence and witnesses, and cross-examine any of the petitioner's witnesses. The hearing shall take no longer than one day, unless extended at the request of the petitioner to meet the requirements of due process and proper administration of justice. The petitioner shall have the burden of proving by a preponderance of the evidence that there is no substantive evidence to support the city manager's licensing decision. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the petitioner within five days after the hearing.

D.

If the decision is to deny, suspend, or revoke the permit, the decision shall not become effective until the thirtieth day after it is rendered, and the decision shall include a statement advising the petitioner of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer's decision finds that there is no substantial evidence to support the city manager's licensing decision, the hearing officer shall, contemporaneously with the issuance of the decision, order the city manager to immediately withdraw the intent to deny, suspend, or revoke the permit and to notify the petitioner in writing by certified mail of such action. If the petitioner is not yet permitted, the city manager shall contemporaneously therewith issue the permit to the applicant.

E.

If any court action challenging the hearing officer's decision is initiated, the city shall comply with all of the requirements of California Code of Civil Procedure Section 1094.8.

F.

The following shall apply to any sexually oriented business that is in all respects lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the city manager: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation of a temporary permit or annual permit, the city manager shall immediately issue the petitioner a provisional permit. The provisional permit shall allow the petitioner to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the petitioner's appeal or other action to restrain or otherwise enjoin the city's enforcement. While a provisional permit is in effect, the provisional permittee shall comply with all regulations set forth in Sections 5.45.070, 5.45.130, 5.45.140, 5.45.150 and 5.45.180, and any violations thereof shall be subject to the provisions of Section 5.45.160.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 9, 3-4-2019)

A permittee shall not transfer his or her permit to another, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the sexually oriented business permit application.

(Ord. 7077 § 2 (part), 2006)

No sexually oriented business shall be or remain open for business between 1:00 a.m. and 10:00 a.m. on any day.

(Ord. 7077 § 2 (part), 2006)

A.

A person who operates or causes to be operated an adult arcade or adult motion picture theater shall comply with the following requirements.

Each application for a sexually oriented business permit shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal 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 foregoing 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 it was prepared.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the permitted premises.

It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

a.

That the occupancy of viewing rooms less than 100 square feet is limited to one person;

b.

That sexual activity on the premises is prohibited;

c.

That the making of openings between viewing rooms is prohibited;

d.

That violators will be required to leave the premises;

e.

That violations of these regulations are unlawful.

It shall be the duty of the operator to enforce the regulations articulated in subsections (A)(5)(a) through (A)(5)(e) of this section.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two square feet of floor area. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this subsection must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.

B.

It shall be unlawful for a person having a duty under subsections (A)(1) through (A)(8) to knowingly or recklessly fail to fulfill that duty.

C.

No patron shall knowingly or recklessly enter or remain in a viewing room less than 100 square feet in area that is occupied by any other patron.

D.

No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is 100 square feet or larger in area.

E.

No person shall knowingly or recklessly make any hole or opening between viewing rooms.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 10, 3-4-2019)

A.

It shall be the duty of the operator of a sexually oriented business to: (a) post conspicuous signs stating that no loitering is permitted on such property; (b) designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every ninety minutes or inspecting such property by use of video cameras and monitors; and (c) provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.

B.

It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

C.

No sexually oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.

(Ord. 7077 § 2 (part), 2006)

A.

Unpermitted Operation a Misdemeanor. Any person operating a sexually oriented business, as defined in this chapter, without a valid sexually oriented business permit is deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Title 1, Chapter 1.24, Section 1.24.020 of the Pasadena Municipal Code. Each day that a violation occurs shall constitute a separate offense.

B.

Administrative Remedies. The city shall have the authority to deny, suspend, or revoke permits pursuant to the standards and procedures set forth in this chapter.

C.

Injunction. The city's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this chapter to prevent, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the city, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this chapter, or any of the laws in force in the city or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.

D.

Nuisance. Any premises, building, dwelling, or other structure in which a sexually oriented business, as defined in this chapter, is repeatedly operated or maintained in violation of the provisions of this chapter shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the city of Pasadena in a court of competent jurisdiction. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.

(Ord. 7077 § 2 (part), 2006)

All sexually oriented businesses and sexually oriented business employees lawfully existing and operating (or employed) on the effective date of this chapter are hereby granted a de facto temporary permit to continue operation or employment for a period of ninety days following the effective date of this chapter, for the purpose of allowing preexisting sexually oriented businesses and their employees time to meet the licensing and interior configuration requirements of this chapter. Notwithstanding the de facto temporary permit provided by the previous sentence, preexisting sexually oriented businesses and sexually oriented business employees shall comply Sections 5.45.130 and 5.45.180(A), (C), (D), and (E) on and after the effective date of this chapter.

(Ord. 7077 § 2 (part), 2006)

It is unlawful for a sexually oriented business operator or permittee to knowingly or recklessly violate the following regulations or to knowingly or recklessly allow an employee or any other person to violate the following regulations.

A.

It shall be a violation of this chapter for a patron, employee, or any other person to knowingly or intentionally, in a sexually oriented business, appear in a state of nudity or engage in a specified sexual activity.

B.

It shall be a violation of this chapter for a person to knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six feet from all patrons and customers and on a stage at least eighteen inches from the floor in a room of at least one thousand square feet.

C.

It shall be a violation of this chapter for any employee who appears semi-nude in a sexually oriented business to knowingly or intentionally touch a customer or the clothing of a customer on the premises of a sexually oriented business. No customer shall knowingly or intentionally touch such an employee or the clothing of such an employee on the premises of a sexually oriented business.

D.

It shall be a violation of this chapter for any person to enter or remain in, or on, the premises of a sexually oriented business while in the possession of, consuming, using, or under the influence of, any alcoholic beverage or illegal drugs. It shall be a violation of this chapter for a sexually oriented business permittee to knowingly or intentionally permit any such person to enter or remain upon the premises of the sexually oriented business.

E.

It shall be a violation of this chapter for any person to knowingly or recklessly allow a person under the age of eighteen years to be or remain on the premises of a sexually oriented business.

F.

No operator of a sexually oriented business shall knowingly or recklessly allow a room in the sexually oriented business to be simultaneously occupied by any patron and any other employee who is semi-nude or who appears semi-nude on the premises of the sexually oriented business, unless an operator of the sexually oriented business is present in the same room.

G.

A sign in a form, to be prescribed by the city manager, and summarizing the provisions of subsections A through E of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.

(Ord. 7077 § 2 (part), 2006)

(Ord. No. 7340, § 11, 3-4-2019)

Editor's note— Ord. No. 7340, § 12, adopted Mar. 4, 2019, repealed § 5.45.190, which pertained to failure of city to meet deadline not to risk applicant/permittee rights, and derived from Ord. No. 7077, § 2, 2006.

This chapter and each section and provision of said ordinance codified hereunder, are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said ordinance codified in this chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Should any procedural aspect of this chapter be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this chapter.

(Ord. 7077 § 2 (part), 2006)