Rancho Santa Margarita Municipal Code Ch. 6.10 Adult Businesses

It is the purpose of this Chapter to regulate Adult Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to sex-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sex-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.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

For the purpose of this Chapter the words and phrases shall have the same meanings respectively ascribed to them by this section:

Adult business means any one of the following:

(1) Adult arcade means a business establishment to which the public is permitted or invited, and image-producing devices, such as still or motion picture machines, projectors, videos, holograms, virtual reality devices, whether operated by mechanical, electronic or electrical means, are maintained to display images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

(2) Adult bookstore means an establishment that has, as a regular and substantial portion of its stock in trade in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(3) Adult cabaret means a nightclub, restaurant, or similar business establishment which:

a. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas;

b. Which regularly features persons who appear semi-nude; and/or

c. Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions a regular and substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(4) Adult hotel/motel means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

a. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions a regular and substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

b. Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

(5) Adult motion picture theater means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, a regular and substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(6) Adult theater means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(7) Modeling studio means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

Adult business operator (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.

Applicant means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or another operator, manager, employee, or agent of an adult business.

Church or religious institution means a structure, which is used primarily for religious worship and related religious activities.

Distinguished or characterized by an emphasis upon means the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981).

Regular and substantial portion, or regular and substantial conduct Where one or more of the following conditions exists:

(1) The area(s) devoted to the display of sex-oriented merchandise and/or sex-oriented material exceeds 15 percent of the total display area of the business; or

(2) The business presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any 30-day period; or

(3) At least 25 percent of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

Figure model means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola.

Operate an adult business means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.

Permittee means the person to whom an adult business regulatory permit is issued.

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Police Chief means the Chief of Police Services of the City.

Regularly features means a regular and substantial course of conduct.

School means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, preschool, kindergarten, elementary school, middle or junior high or intermediate school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified anatomical areas means Any of the following which are less than completely and opaquely covered human parts:

(1) Genitals or pubic region;

(2) Buttocks; and

(3) Female breast below a point immediately above the top of the areola.

Specified sexual activities means any of the following, whether performed directly or indirectly through clothing or other covering:

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

(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3) Masturbation, actual or simulated;

(4) Excretory functions as part of or in connection with any of the other activities described in subsections (1) through (3) above.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a regulatory permit from the City as herein required.

(b) Every person who proposes to establish, maintain, operate or conduct an adult business in the City shall file an application with the Police Chief upon a form provided by the City and shall pay a non-refundable filing fee, as established by resolution of the City Council.

(c) Adult business regulatory permits are nontransferable, except in accordance with Section 6.10.070.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) All applications for an adult business regulatory permit shall include the following information:

(1) If the applicant is an individual, applicant's legal name, including any aliases, address, and submit satisfactory written proof that applicant is at least 18 years of age.

(2) If the applicant is a partnership, the partnership's complete name, address, names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation's complete name, date of incorporation, evidence that the corporation is in good standing under the laws of the State, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered agent for service of process.

(b) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

(c) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

(d) A description of the type of adult business for which the regulatory permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site.

(e) The address to which notice of action on the application is to be mailed.

(f) The names of all employees, independent contractors, agents, partners, directors, officers, shareholders, managers, and persons who will perform at the adult business, pursuant to Section 6.10.090.

(g) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

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

(1) The property line of any other adult business within 1,000 feet of the primary entrance of the adult business for which a regulatory permit is requested;

(2) The property lines of any church, school, park, public facility zone or use within 1,000 feet of the primary entrance of the adult business; and

(3) The property lines of any residential zone or use within 1,000 feet of the primary entrance of the adult business.

(i) A diagram of the off-street parking areas and premises entries of the adult business showing the location of the lighting system required by Section 6.10.100.

(j) If the Police Chief determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the Police Chief shall, within ten days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Police Chief to act on the application. The time period for granting or denying a regulatory permit shall be stayed during the period in which the applicant is granted an extension of time.

(k) The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult business regulatory permit.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) Upon receipt of a completed application and payment of the application and regulatory permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult business regulatory permit.

(b) Within 35 calendar days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this Section, and so notify the applicant as follows:

(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Police Chief shall attach to the application an adult business regulatory permit.

(4) The application as granted or denied and the regulatory permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The Police Chief shall grant the application and issue the adult business regulatory permit upon findings that the proposed business meets the minimum proximity requirements of Subsection 7-9-146.2(c) of the city-adopted County of Orange Zoning Code, and that the applicant has met all of the development and performance standards and requirements of Section 6.10.100, unless the application is denied for one or more of the reasons set forth in Section 6.10.060. The permittee shall post the regulatory permit conspicuously in the adult business premises.

(d) If the Police Chief neither grants nor denies the application within 35 calendar days after it is stamped as received, except as provided in Subsection 6.10.040(j), the applicant is deemed to be granted and the applicant may begin operating the adult business for which the regulatory permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 6.10.100.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

The Police Chief shall deny the application for an adult business regulatory Permit for any of the following reasons:

(1) The building, structure, equipment, or location used by the business for which an adult business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State, or with the locational or development and performance standards and requirements of these regulations.

(2) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business regulatory permit.

(3) An applicant is under the age of 18.

(4) The required application fee has not been paid.

(5) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has been convicted of any of the offenses set forth in Section 313, 315, 316, 266(a), 266(b), 266(c), 266(e), 266(f), 266(h), 266(l), 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or remunerated, for which any of the following are true:

a. Less than two years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense;

c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a 24-month period.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

Each adult business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the regulatory permit to be renewed. The request for renewal shall be made at least 45 calendar days before the expiration date of the Regulatory Permit. When made less than 45 calendar days before the expiration date, the expiration of the regulatory permit will not be stayed. Applications for renewal shall be acted on as provided Section 6.10.050.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) A permittee shall not transfer ownership or control of an adult business or transfer an adult business regulatory permit to another person unless and until the transferee obtains an amendment to the regulatory permit from the Police Chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Police Chief in accordance with Sections 6.10.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines that the transferee would be entitled to the issuance of an original regulatory permit.

(b) No regulatory permit may be transferred when the Police Chief has notified the permittee that the regulatory permit has been or may be suspended or revoked.

(c) Any attempt to transfer a regulatory permit either directly or indirectly in violation of this section is hereby declared void, and the regulatory permit shall be deemed revoked.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) As a further condition of approval of every adult business regulatory permit issued pursuant to this Chapter, every owner or operator shall register every employee and, where the adult business provides live entertainment depicting specified anatomical areas or involving specified sexual activities, the owner and operator shall register persons so performing with the Police Chief within five business days of the commencement of the employment or performance at the adult business.

(b) Each employee and performer shall be required to provide two recent color passport-quality photographs and, at the discretion of the Police Chief, shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee and performer shall provide the following information on a form provided by the Police Chief.

(1) Name, current resident address, telephone number.

(2) Date of birth.

(3) Social Security number.

(4) Height, weight, color of eyes and hair.

(5) Stage name (if applicable) and other aliases used within the previous two years.

(c) The information provided for purposes of this Section shall be maintained by the Police Department as confidential information, and shall not be disclosed as public records unless pursuant to a court order.

(d) Each owner or operator of an adult business shall maintain a current register of the names of all employees and performers currently employed by or working at the adult business. Such register shall be available for inspection during regular business hours by any Police Officer or Code Enforcement Officer of the City.

(e) Failure to register each new employee and performer within five days of the commencement of employment or work, or to maintain a current register of the names of all employees and performers shall be deemed a violation of the conditions of the regulatory permit and may be considered grounds for suspension or revocation of the regulatory permit.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

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

(b) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Orange County Fire Authority and building regulations and standards adopted by the city.

(c) No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public right-of-way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(d) All off-street parking area and premise entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(e) An adult business shall be open for business only between the hours of 7:00 a.m. to 1:00 a.m. Sunday through Thursday and 7:00 a.m. to 2:00 a.m. on Friday and Saturday.

(f) The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(g) The building entrance to an adult business shall be clearly and legibly posted with a notice indicating those persons under the age of 18 are prohibited from entering the premises. Said notice shall consist of letters no less than one inch in height.

(h) No person under the age of 18 shall be permitted within the premises at any time.

(i) All interior areas of the Adult Business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(j) Any adult business which is also an "adult arcade," shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager'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 manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

(2) The view area specified in Subsection (1) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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.

(3) No viewing room may be occupied by more than one person at any one time.

(4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

(5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such business, other than the restrooms, if not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

(6) The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions justify suspension or revocation of the adult business regulatory permit.

(k) All interior areas of the adult business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(l) The adult business shall provide and maintain separate restroom facilities for males and females. Males shall be prohibited from using the restroom(s) for females, and females shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(m) The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the State Department of Alcoholic Beverage Control.

(1) No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an performer. "Performer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.

(2) The adult business shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers' use.

(3) The adult business shall provide an entrance/exit for performers, which is separate from the entrance/exit used by patrons.

(4) The adult business shall provide access for performers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

(5) No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult business.

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(7) No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron.

(8) No owner or other person with managerial control over an adult business shall permit any person on the premises of the adult business to engage in any of the following:

a. A live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage;

b. A live showing of the female breast with less than a fully opaque coverage over any part of the areola;

c. A live showing of covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(n) At all times that the adult business is open to the public, there must be present and available on the premises a person who is the on-duty manager or on-duty acting manager of the business responsible for operation of the business, who shall be so identified by a badge bearing the word "MANAGER" in block capital letters not less than ¼-inch in height, worn in a conspicuous and clearly visible location on the chest.

(o) Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

(1) Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

(2) Security guards for other adult businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct prohibited by this Chapter from occurring on the premises.

(3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(p) The foregoing requirements of this Section shall be deemed conditions of adult business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the regulatory permit issued pursuant to this Chapter.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) It shall be unlawful for any permittee, operator, or other person in charge of any adult business to employ, or provide any service for which it requires a regulatory permit, to any person who is under the age of 18.

(b) It shall be unlawful for any permittee, operator or other person in charge of any adult business to permit to enter, or remain within the adult business, any person who is under the age of 18.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) Every adult business shall display at all times during business hours the regulatory permit issued pursuant to this Chapter for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business.

(b) An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Authority, Planning Division, or other city departments or agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult businesses, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this Section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

An adult business regulatory permit may be suspended or revoked in accordance with this Section.

(1) A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the permittee, or an employee, performer, agent, partner, director, stockholder, or manager of an adult business:

a. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

b. The permittee, employee, performer, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

1. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

2. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

3. Any conduct constituting a criminal offense, which requires registration under Section 290 of the California Penal Code.

4. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

5. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

6. Any conduct prohibited by this Chapter.

c. Failure to operate in compliance with the development and performance standards and other regulations set forth in this Chapter.

d. Failure to abide by any action previously imposed by the City.

(2) On determining that grounds for revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the Permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City, but at a minimum shall include the following:

a. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; and may be represented by counsel.

b. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

c. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

d. The Police Chief's decision may be appealed in accordance with Section 6.10.140.

(3) After holding the hearing in accordance with the provisions of this Section, if the Police Chief finds and determines that there are grounds for action, the Police Chief shall impose one of the following:

a. A warning;

b. Suspension of the regulatory permit for a specified period not to exceed six months;

c. Revocation of the regulatory permit.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

(a) After denial of an application for an adult business regulatory permit, or after denial of renewal of a regulatory permit, or suspension or revocation of a regulatory permit, the applicant or permittee may seek review of such administrative action by the City Council. An administrative appeal must be filed with the City Clerk within ten calendar days of a denial, suspension or revocation of a regulatory permit. The hearing before the City Council shall be held no fewer than five business days from the date of the filing of the appeal or at the next regularly scheduled meeting of the City Council. The City Council shall issue its decision within ten calendar days of the hearing. The decision of the City Council shall be final. If the denial, suspension or revocation is affirmed on appeal, the applicant or permittee may seek expedited judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8. The petitioner shall be responsible for reimbursing the City for its actual costs for transcribing, copying or otherwise preparing the administrative record.

(b) There shall be an automatic stay of enforcement of a regulatory permit suspension or revocation throughout the administrative and/or judicial appeal process.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)

In addition to the remedies set forth in this Chapter and this Code, any adult business that is operating in violation of Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. No. 06-08, § 3, 6-28-2006; Ord. No. 06-09, § 7, 8-9-2006)