Article V — Peep Show Establishments

It is the purpose and intent of the city council that the operation of peep show establishments, as defined in this code, should be regulated for the protection of the public from the perils of fire, hazard to health, and for the preservation of the peace of the community. (Ord. 85-O-137, 1985)

As used in this article:

"Peep show device" means any still or motion picture machine, projector or other imageproducing device which shows images to five or fewer persons at any one time, for any consideration, and where the image so displayed is distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities."

"Peep show establishment" means any place to which the public is permitted or invited wherein still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time. for any consideration, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities."

"Specified anatomical areas" includes, but is not limited to, the following:

• (A) Less than completely and opaquely covered (i) human genitals, or pubic region. (ii) buttock, and (iii) female breast below a point immediately above the top of the areola; and

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

"Specified sexual activities" includes the following:

• (A) Actual or simulated sexual intercourse, oral copulation, anal intercourse. oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

• (B) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

• (C) Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation;

• (D) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

• (E) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

• (F) Erotic or lewd touching, fondling or other contact with an animal by a human being; or

• (G) Human excretion, urination, menstruation, vaginal or anal irrigation.

"Viewing area" means the area where a patron or customer would ordinarily be positioned while watching a film or peep show device. (Ord. 85-O-137, 1985)

No person shall operate a peep show device unless a permit for the operation of said device has been issued by the finance department of the city and remains in effect in conformity with the provisions of this code. No permit will be issued until all zoning and business license requirements are met.

(Ord. 85-O-137, 1985)

No permit shall be issued by the finance department for a period in excess of six months. The expiration dates of said permit shall be June 30th and December 31st of each year. (Ord. 85-O-137, 1985)

Every person owning or operating a peep show device shall pay a fee for each such device, as established by ordinance of the city council. Any person applying for a permit for a period of less than six months shall pay a prorated fee.

(Ord. 85-O-137, 1985)

All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee as established by ordinance of the city council. In the event the permit is granted or renewed, the same shall be applied to the permit fee as described in Section 6.56.240. In the event such permit is denied, said application fee shall be and become the property of the city. (Ord. 85-O-137, 1985)

Every applicant shall file an application for a permit, or for the renewal of a permit, with the director of finance of the city upon the form to be provided by the director of finance. Immediately upon the receipt of an application, the director of finance shall deliver said application to the chief of police or delegate. The chief of police or his delegate shall cause to be made an investigation of the application to determine whether:

• (1) The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application;

• (2) The operation of the business as proposed pursuant to the issuance or renewal of a license or permit will not be in compliance with the building, fire, electrical, zoning, plumbing and health requirements as set forth in this code;

• (3) The applicant is under 18 years of age;

• (4) The applicant has had a similar type of license or permit previously revoked for good cause within one year immediately preceding the date of the filing of the application, and can show no material changes in circumstances since such revocation; or

• (5) Customers or patrons of the peep show establishment have been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude, or a misdemeanor or felony crime involving sexual misconduct, involving, but not limited to, all offenses listed in subsection (a) of Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct. arising out of acts on the premises or areas under control of the peep show establishment: and the applicant, having been previously advised or notified by the city of the occurrence of such criminal acts, has failed or refused to take or institute reasonable precautions or safeguards to insure that such criminal acts do not further occur.

• (Ord. 85-O-137, 1985)

If the chief of police finds that the applicant will be in compliance with the requirements described in Section 6.56.260, the permit shall be granted or renewed. Any application for permit or for the renewal of a permit may be denied if the chief of police finds that the applicant will not be in compliance with the requirements described in Section 6.56.260. The chief of police shall file a report of the approval or denial of the application with the finance department within 30 days from and after the receipt of said application. If the application for permit or for the renewal of a permit is denied, the reasons for denial shall be set forth in writing and be personally delivered or sent to the applicant by means of registered mail. (Ord. 85-O-137, 1985)

In the event that any person holding a permit shall violate or cause or permit to be violated any of the provisions of this article, including subsections (2) and (5) of Section 6.56.260, or any provision of any other article, ordinance or law relating to or regulation said business, or shall conduct or carry on the business in a manner which manifests a disability to perform properly the duties of the business, as evidenced by the commission of an act or a series of acts, the chief of police may, in addition to other penalties of this code, take action to suspend or revoke the permit issued for conducting or carrying on the business. The action of the chief of police shall be subject to the appeal provisions of this code except that the chief of police may take immediate action with respect to a permit, if a subsequent hearing is provided, where there is an urgency of immediate action to protect the public from injury or harm, or where a permit has been issued based on material misrepresentation in the application and but for the material misrepresentation, the permit would not have been issued.

(Ord. 85-O-137, 1985)

Any person aggrieved by the decision of the chief of police to deny issuance or renewal of a permit or to suspend or revoke a permit may appeal to the city administrator, in which case the action of the chief of police shall be suspended until the city administrator has made his decision. (Ord. 85-O-137, 1985)

No person who has a permit for a peep show device revoked may obtain a peep show device permit within a period of 12 months from the date of revocation. (Ord. 85-O-137, 1985)

No person shall operate a peep show device unless each such device is plainly marked with a serial number and shall have attached thereto a distinguishing tag, sign, permit or other marker issued by the finance department upon the granting or renewal of a permit, which shall bear a permit number identifying the peep show device as a particular device permitted pursuant to the terms of this code. Such permit shall be affixed in a conspicuous location on each device and shall remain thereon until a new or different permit has been issued therefor. No permit shall be transferable from one person to another or from one device to another. (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one-hour fire resistive material. (Ord. 85-O-137, 1985)

No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, the operation of a peep show establishment unless they comply with all building, fire and health and safety codes and all of the following requirements are met:

• (1) A minimum of one toilet and wash basin shall be provided for the patrons in every peep show establishment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

• (2) In toilet rooms, a waterproof floor covering shall be provided which extends up the walls at least six inches and shall be coved at the floor-wall juncture with at least a three-eighthsinch radius. Walls of toilet rooms shall be smooth, waterproof and kept in good repair.

• (3) All walls, ceilings, floors, booths and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation.

• (4) All establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination.

• (5) There shall be no doors or curtains on the entrance to any toilet stall; and there shall be no locks or bolt on the door to the toilet facility.

• (6) All viewing areas must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure.

• (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment in which the width of the aisles in any room where a peep show device is located is less than 44 inches. (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment unless there are no fewer than two doorways of a width no less than 36 inches which provide ingress or egress from any room in which a peep show device is located: provided, however, that one doorway shall be sufficient in the event the fire chief should so determine. Doorway or doorways shall be unlocked during business hours. (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment unless, over every doorway which provides egress from any room in which a peep show device is located, an internally illuminated exit sign with letters at least five inches in height is maintained. (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit the person using the peep show device to have a constantly unobstructed view of the doorway or doorways which provide ingress to or egress from the establishment.

(Ord. 85-O-137, 1985)

No person shall operate a peep show establishment unless a light level of not less than 20 footcandles at floor level is maintained in every portion of said establishment to which the public is admitted.

(Ord. 85-O-137, 1985)

No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room where a peep show device is located exceeds one person per 30 square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. (Ord. 85-O-137, 1985)

No person shall operate a peep show establishment in which the number of peep show devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located. The maximum number of peep show devices permitted in any room or partitioned portion of a room in a peep show establishment shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room. (Ord. 85-O-137, 1985)

The city shall have the right at reasonable times to access the peep show establishment for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical or plumbing regulations.

(Ord. 85-O-137, 1985)

In addition to the legal remedies provided for in this code, the operation of any peep show establishment in violation of the terms of this code shall be deemed a public nuisance and may be enjoined by the city.

(Ord. 85-O-137, 1985)

The county health officer shall periodically make inspections of peep show establishments located in the city to determine if the proprietors or operators of such establishments are complying with the provisions of this chapter. The city council by ordinance, shall prescribe fees to be paid annually by the proprietors or operators of such establishments, such fees to be paid directly to the county health officer and retained by the county as reimbursement for said services related to this section.

(Ord. 85-O-137, 1985)