Placerville Municipal Code Ch. 23 Adult Related Establishments

A system of requiring regulatory licenses for adult related establishments and for those persons rendering services to customers will assist in assuring illegal activities do not occur on the premises or otherwise in connection with such establishments within the city of Placerville. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the chief of police with both preventative and investigatory tools to control illegal activity in such establishments, and will promote and protect the public health, safety and welfare.

By the definition of "adult related establishment" contained in section 5-23-2 of this chapter it is the intent of the city council to prevent evasion of the provisions of this chapter through the device of calling the establishment by a new or different name. If specified sexual activities are involved, or if specified anatomical areas are displayed, this chapter is intended to apply to both the premises and the individuals who provide such services to the patrons, regardless of the individual's title or position, or of the name given to the establishment.

This chapter is enacted in part, pursuant to the provisions of section 51034 of the Government Code. (Ord. 1407, 11-25-1986)

As used in this chapter, the terms identified by this section shall be ascribed the meanings indicated.

ADULT BOOKSTORE: An establishment whose primary business is to offer for sale any one or more of the following:

(A) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "sexual activities" or "specified anatomical areas", or

(B) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities". This definition does not include a bona fide pharmacy.

ADULT HOTEL OR MOTEL: A hotel or motel or similar establishment offering public accommodations, for any form of consideration, which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT MOTION PICTURE THEATER: An establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are shown and in which any portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

ADULT RELATED ESTABLISHMENT: A bathhouse, escort bureau, introductory service, massage establishment, outcall massage service, modeling studio or sexual encounter center, as defined by this chapter. "Adult related establishment" shall also include adult arcade, adult bookstore, adult motion picture theater, adult hotel or motel, adult theater or cabaret or any other business or establishment which has available or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve the display of "specified anatomical areas", or in which "specified sexual activity" occurs.

ADULT THEATER: A theater, concert hall, auditorium or similar establishment which, for any form of consideration features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".

BATHHOUSE: An establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including, but not limited to, showers, saunas and hot tubs.

CABARET: An establishment that serves food and/or alcoholic beverages and features live entertainment depicting "specified sexual activities" or "specified anatomical areas".

ESCORT SERVICES: In relation to escort services, the following terms shall be ascribed the following meanings:

Escort: A person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters.

Escort Bureau: An establishment which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts.

INTRODUCTORY SERVICE: An establishment which, for pecuniary compensation, consideration, hire or reward helps persons to meet or become acquainted with others for social purposes. For purposes of this section, "others" include personnel of the introductory service.

MASSAGE ESTABLISHMENT: An establishment where massage, alcoholic rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered in exchange for any form of consideration for the purpose of providing any service during which time "specified anatomical areas" are displayed or "specified sexual activity" occurs.

MASSAGE TECHNICIAN: Any person who for pecuniary compensation, consideration, hire or reward, engages in the practice of massage.

MODELING SERVICES: In relation to modeling services, the following terms shall be ascribed the following meanings:

Figure Model: Any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

Modeling Studio: An establishment which provides for pecuniary compensation, consideration, hire or reward, figure models who display "specific anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such consideration.

OUTCALL SERVICE ACTIVITY: Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time "specified anatomical areas" are displayed or "specified sexual activity" occurs.

SEXUAL ENCOUNTER CENTER: An establishment which provides two (2) or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in specified sexual activities" or displaying "specified anatomical areas". "Sexual encounter center" does not include hotels or motels.

SPECIFIED ANATOMICAL AREAS: Includes:

(A)Less than completely and opaquely covered: 1) human genitals or pubic regions; 2) buttocks; or 3) female breasts 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 intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical or stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship.

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

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

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

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

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

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

(H) Any of the following depicted sexually oriented acts or conduct: necrophilia, pederasty, pedophilia or zooerastia. (Ord. 1407, 11-25-1986)

The provisions of this chapter shall not be applicable to or include the following:

(A) Hospital, nursing homes, sanitariums, or persons working in any such establishments;

(B) Any licensed or certificated medical practitioner, chiropractor, massage therapist, massage technician, acupuncturist, physical therapist or similar professional person licensed or certificated by the state of California including those persons who have completed a course of study and hold a certificate of completion from a state approved school which teaches the theory, ethics, practices, profession and work of massage;

(C) Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the state of California;

(D) Modeling schools or classes maintained pursuant to standards established by the state board of education of the state of California; or

(E) Any recognized school of massage which: 1) teaches the theory, ethics, practice, profession and work of massage; and 2) requires a residence course of study to be given before the student is furnished with a diploma or certificate of learning or completion; and 3) has been approved pursuant to section 94311(d) of the Education Code, or, if said school is not located in California, has complied with the standards commensurate with those specified in said section 94311(d). A "recognized school of massage" as those terms are used above, shall not include a school or institution of learning offering or allowing correspondence course credit not requiring actual attendance at class, or courses of massage technician not approved by the California state department of education. (Ord. 1407, 11-25-1986)

It shall be unlawful for any adult related establishment to be operated or remain open for business between the hours of one minute after twelve o'clock (12:01) A.M. and eight o'clock (8:00) A.M. (Ord. 1407, 11-25-1986)

A list of the services available and the price of such services shall be posted in a clearly visible place at or near the entrance of each adult related establishment. The services available shall be described in readily understandable language. No adult related establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this section. (Ord. 1407, 11-25-1986)

Operators of adult related establishments shall maintain personnel registers, which shall be available for inspection by the chief of police at all times during regular business hours, as follows:

(A) With respect to a massage establishment and an outcall massage services, a personnel register shall be maintained containing the names and employee permit numbers of each person employed or retained to perform service as a massage technician.

(B) With respect to an escort service, a personnel register shall be maintained which includes the names and employee permit number of each person employed or retained as an escort.

(C) With respect to a model studio, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as a figure model.

(D) With respect to any adult related establishment, other than a model studio, escort service, massage establishment or outcall massage service, a personnel register shall be maintained which includes the names of all persons employed or retained on the premises to provide services, the title of the position of each such person, and as to those persons required to possess employee permits by this chapter, their employee permit numbers. (Ord. 1407, 11-25-1986)

(A) It shall be unlawful for the operator or any other person in charge of an adult related establishment to employ or retain any person who is under the age of eighteen (18) years to perform any service on the premises of the establishment.

(B) It shall be unlawful for any business owner or operator to permit a minor on the business premises to purchase, rent, handle, view or hear any material which has its primary or dominant theme matter depicting, illustrating, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this chapter. (Ord. 1407, 11-25-1986)

Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings and linens. Towels, coverings and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles.

Within massage establishments wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Instruments for massage shall not be used on more than one patron unless they are sterilized before each use by sterilization methods approved by the health officer. (Ord. 1407, 11-25-1986)

Within bath houses, towels shall not be supplied to more than one patron unless such towels have first been laundered and disinfected. Wet and dry heat rooms, steam or vapor rooms and cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned sand disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the health officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition. (Ord. 1407, 11-25-1986)

While performing services in any adult related establishment, massage technicians shall wear garments which cover the entire body, exclusive of the head, neck, arms, legs, hands and feet, while giving a massage. Such garments shall not be transparent. (Ord. 1407, 11-25-1986)

Each massage establishment and outcall massage service offering any services involving physical contact with patrons shall be managed by a person who possess a diploma or certificate of graduation from a recognized school of massage, as the terms "recognized school of massage" are defined by subsection 5-23-3(E) of this chapter. It shall be unlawful for any massage establishment or outcall massage service offering such services to operate unless managed by a person possessing a diploma or certificate.

Such an establishment and service shall not be deemed "managed" as required by this section unless a person possessing the required certificate or diploma having the authority and responsibility to supervise personnel employed or retained to perform services and to supervise the delivery of services is on the premises of the establishment not less than seventy five percent (75%) of the time the business is open for the delivery of services. (Ord. 1407, 11-25-1986)

It shall be unlawful for any massage establishment and outcall service to employ or retain a person to provide services as a massage technician, and unlawful for any person to work at or for such an establishment or service, unless the person possess a diploma or certificate of graduation from a recognized school of massage, as the terms "recognized school of massage" are defined by subsection 5-23-3(E) of this chapter. (Ord. 1407, 11-25-1986)

(A) License Required: It shall be unlawful for any person to operate or conduct an adult related establishment unless under and by authority of a valid, unexpired and unrevoked business license issued pursuant to the provisions of this chapter.

(B) Display Of License: Each adult related establishment, except an outcall massage service, shall display a special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.

A person engaged in an outcall massage service who is the licensee for said service shall have the license available for inspection at all times while providing outcall massage services.

(C) Employee Permits Required: It shall be unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked employee permit issued by the chief of police pursuant to this chapter:

1. Act as a manager of an adult related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;

• 2. Give a massage for a fee or any other form of consideration;
• 3. Act as an escort; or
• 4. Act as a figure model in a modeling studio.

It shall be unlawful for the operator of any adult related establishment to employ or retain a person to perform any of the above services unless such person possesses such an employee permit.

(D) Application: An application for an employee permit to provide services identified by this chapter shall contain the following:

1. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense of which the applicant was convicted.

2. Proof of the age of the applicant; and

3. With respect to a permit to perform services as a manager of a massage establishment or outcall massage service or as a massage technician, the name and address of each school of massage attended or provider of instructional services in massage which has been received, the name and address of the school or provider, the dates of attendance or receipt of instruction, and a copy of any certificate or diploma or other evidence of completion which the applicant has received.

(E) Issuance: Upon receipt of an application for an employee permit to act as a manager of an adult related establishment or a massage technician, an escort or a figure model, the chief of police shall conduct such investigation as is deemed necessary. The chief of police shall issue the permit unless he or she finds any of the following:

1. That the application fails to contain information required by the chief of police, the provisions of this chapter, city resolution or is otherwise incomplete;

2. That information contained in the application is false or otherwise inaccurate;

3. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to benefit him or herself, or another, or injure another; and the chief of police concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, massage technician escort or figure model in a law abiding manner or in a manner which does not subject patrons to risk or harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony. If the person obtained a certificate of rehabilitation under California Penal Code section 4852.01 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under California Penal Code section 482(a).

4. That the applicant is under eighteen (18) years of age; or

5. That with respect to an application for an employee permit to act as a manager of a massage establishment or outcall massage service offering services involving physical contact with patrons, or massage technician, the applicant has not graduated from a recognized school of massage, as those terms are defined by subsection 5-23-3(E) of this chapter.

Notwithstanding any other provision in this chapter to the contrary, the chief of police may deem the requirements of subsection (E)5 of this section and section 5-23-12 of this chapter satisfied if he or she finds in writing that the applicant for the permit has attended not less than one hundred hours of instruction in massage at a school within or outside this state or in any foreign country that provides education substantially equal to or in excess of that received as a result of graduating from a recognized school of massage, as defined by subsection 5-23-3(E) of this chapter.

(F) Revocation Of Permits: An employee permit may be revoked or suspended pursuant to this section on any of the following grounds:

1. Violation of any of the duties, requirements or prohibitions contained in this chapter;

2. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to chapter;

3. Misrepresentation of a material fact contained in the application for the permit; or

4. That since issuance or renewal of the permit the chief of police has acquired information supporting a finding prescribed by subsection (E) of this section in relation to the holder of the permit. (Ord. 1407, 11-25-1986)

Any person who operates or transacts any business not exempt from license by section 5-23-3 of this chapter in the city of Placerville without having an unrevoked and unexpired city business license therefor issued by the city clerk or who violates any provision of this title is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment. Each day a business is operated in violation of this section shall be deemed a separate and distinct offense punishable as provided in this section. (Ord. 1407, 11-25-1986)

The chief of police is charged with the responsibility of enforcing the provisions of this chapter, and to that end may inspect any and all types of classes of businesses which by this chapter are licensed and regulated. The chief of police or subordinate personnel may enter any place of business which is subject to the provisions of this chapter for the purpose of inspection for compliance with this chapter. (Ord. 1407, 11-25-1986)

The procedure for the application and issuance of the business license as required by the provisions of this chapter, except as provided for herein, shall be established by resolution of the city council of the city of Placerville. (Ord. 1407, 11-25-1986)