Redlands Municipal Code Ch. 8.76 Adult Oriented Business Permit Regulations

It is the purpose of this chapter to regulate adult oriented businesses to promote the health, safety and welfare of the citizens of Redlands and to prevent communitywide adverse economic impacts, increased crime, decreased property values and the deterioration of neighborhoods which can be brought about by the concentration of adult oriented businesses in close proximity to each other, or proximity to other incompatible uses such as schools for minors, churches and residentially zoned districts. The city council of the city of Redlands finds that it has been demonstrated in various communities that the concentration of adult oriented businesses causes an increase in the number of transients in the area and an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or prohibition on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of adult 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. Rather it is, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses, or their close proximity to incompatible uses, while permitting the location of adult oriented businesses in certain areas. (Ord. 2455 § 1, 2000: Ord. 2345 § 2, 1997)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ADULT LIVE ENTERTAINMENT: Any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar performers) exposes to public view, without opaque covering, "specified anatomical areas", or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

ADULT ORIENTED BUSINESS: Any one of the following:

Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by an individual(s) are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, a regular and substantial number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore: An establishment that has, on a regular basis, a substantial amount of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, 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.

Adult Business: A. A business establishment or concern that as a regular and substantial course of conduct operates as an adult bookstore, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel; or

B. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law.

Adult Cabaret: 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 anatomical areas or specified sexual activities; and/or b) which regularly features persons who appear seminude.

Adult Hotel/Motel: A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: a) provides a patron or patrons with closed circuit television transmissions, films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, a regular and substantial number 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 (6) hour period, or rents, leases or lets any single room more than twice in a twenty four (24) hour period.

Adult Motion Picture Theater: A business establishment where, for any form of consideration, film, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, a regular and substantial number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT ORIENTED BUSINESS OPERATOR ("OPERATOR"): A person who supervises, manages, inspects, directs or controls the premises of an adult oriented business or the conduct or activities occurring on the premises thereof.

APPLICANT: 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 any other operator, manager, employee or agent of an adult oriented business.

BAR: Any commercial establishment licensed by the state department of alcoholic beverage control to serve any alcoholic beverages on the premises.

CHIEF OF POLICE: The chief of police of the city or the authorized representatives thereof.

CHURCH: A structure which is used primarily for religious worship and related religious activities.

ESTABLISHMENT OF AN ADULT ORIENTED BUSINESS: To "establish" an adult oriented business means and includes any of the following:

A. The opening or commencement of any adult oriented business as a new business;

B. The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business defined in this chapter;

C. The addition of any of the adult oriented businesses defined in this chapter to any other existing adult oriented business; or

D. The relocation of any such adult oriented business.

HEALTH OFFICER: The health officer of the county of San Bernardino or his/her duly authorized representative.

NOTICE: Written notice given by personal service upon the addressee, or given by the United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such notice shall be effective upon the completion of personal service, or upon the placing the same in the custody of the United States postal service.

NUDITY OR A STATE OF NUDITY: 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 nipple, or the showing of the covered male genitals in a discernible turgid state.

OPERATE AN ADULT ORIENTED BUSINESS: The supervising, managing, inspecting, directing or controlling the conduct of activities of an adult oriented business or activities within an adult oriented business.

PERFORMER: A person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.

PERMITTEE: The person to whom an adult oriented business permit is issued.

PERSON: Any individual, partnership, copartnership, firm, association, joint stock company, corporation or combination of the above in whatever form or character.

SCHOOL: 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, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocation or professional institution of higher education, including a community or junior college, college or university.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:

A. Less than completely and opaquely covered human genitals or pubic region, buttocks and female breast below a point immediately above the top of the areola; and

B. Human male genitals in a discernible turgid state, even if completely and opaquely covered; and

C. Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.

SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

B. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

C. Masturbation, actual or simulated;

D. Excretory functions, as part of or in connection with any of the other activities described in subsections A through C of this definition.

SUBSTANTIAL ENLARGEMENT OF AN ADULT ORIENTED BUSINESS: An increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date of the ordinance establishing this chapter. (Ord. 2455 § 2, 2000: Ord. 2424 § 2, 1999: Ord. 2345 § 2, 1997)

A. It is 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 oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city herein required (adult oriented business regulatory permit).

B. It is unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business unless the person first obtains and continues in full force and effect a permit from the city. (Ord. 2455 § 3, 2000: Ord. 2345 § 2, 1997)

Every person who proposes to maintain, operate or conduct an adult oriented business in the city shall file an application with the chief of police upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable. Upon receipt, the chief of police shall forward a copy of the application to the community development department. (Ord. 2455 § 4, 2000: Ord. 2345 § 2, 1997)

A. Adult oriented business regulatory permits are nontransferable, except in accordance with section 8.76.080 of this chapter. All applications shall include the following information:

1. a. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age,

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

c. If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;

2. 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 (10%) or greater interest in the business entity shall sign the application;

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

4. A description of the type of adult oriented business for which the permit is requested and the proposed address where the adult oriented business will operate, plus the names and addresses of the owners and lessors of the adult oriented business site;

5. The address to which notice of action on the application is to be mailed;

6. The names of all employees, independent contractors, and other persons who will perform at the adult oriented business, who are required by section 8.76.090 of this chapter to obtain an adult oriented business performer permit;

7. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult oriented 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 (±6");

8. A certificate and straight line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult oriented business, and: a) the property lines of any other adult oriented business within five hundred feet (500') of the primary entrance of the adult oriented business for which a permit is requested; and b) the property lines of any church, school, park, residential zone within one thousand feet (1,000') of the primary entrance of the adult oriented business;

9. A diagram of the off street parking areas and premises entries of the adult oriented business showing the location of the lighting system required by section 8.76.130 of this chapter.

B. If the chief of police determines that the applicant has completed the application improperly, the chief of police shall, within two (2) business days of the filing of the application, notify the applicant of such fact.

C. 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 oriented business regulatory permit. (Ord. 2455 § 5, 2000: Ord. 2424 § 3, 1999: Ord. 2345 § 2, 1997)

A. Upon receipt of a completed application and payment of the application and permit fees, the chief of police 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 oriented business regulatory permit.

B. Within ten (10) business days of receipt of the completed application, the chief of police 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 chief of police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the chief of police shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the chief of police shall attach to the application an adult oriented business regulatory permit.

4. The application as granted or denied and the permit, if any, shall be personally served or 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 chief of police shall grant the application and issue the adult oriented business regulatory permit upon findings that the proposed business meets the locational criteria of section 18.226.030 of this code; and that the applicant has met all of the development and performance standards and requirements of section 8.76.130 of this chapter, unless the application is denied for one or more of the reasons set forth in section 8.76.070 of this chapter. The permittee shall post the permit conspicuously in the adult oriented business premises.

D. If the chief of police grants the application or if the chief of police neither grants nor denies the application within ten (10) business days after it is stamped as received (except as provided in section 8.76.050 of this chapter), the applicant may begin operating the adult oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of section 8.76.130 of this chapter. (Ord. 2455 § 6, 2000: Ord. 2424 § 4, 1999: Ord. 2345 § 2, 1997)

A. The chief of police shall deny the application for any of the following reasons:

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

2. The applicant, or its 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 oriented business regulatory permit.

3. An applicant is under eighteen (18) years of age.

4. The required application fee has not been paid.

5. The adult oriented business does not comply with the zoning ordinance locational standards, sections 18.226.030 through 18.226.050, inclusive, of this code. (Ord. 2424 § 5, 1999: Ord. 2345 § 2, 1997)

A. An adult oriented business permit shall be valid for a period of one year from the date of issuance.

B. An adult oriented business permit shall be renewed on a year to year basis, provided that the permittee and the adult oriented business continue to meet the requirements set forth in this chapter. A request for permit renewal must be accompanied by a completed adult oriented business permit application. If said application conforms to the previously approved application and the adult oriented business has not changed, the permit shall be renewed by the city's police chief for another year. A change or alteration in that nature or operation of the adult oriented business will require the renewal to be reviewed by the police chief in accordance with section 8.76.070 of this chapter. The renewal fee for an adult oriented business permit shall be established by resolution of the city council. (Ord. 2424 § 6, 1999)

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

B. A permittee shall not transfer ownership or control of an adult oriented business or transfer an adult oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the chief of police stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the chief of police in accordance with sections 8.76.040 and 8.76.050 of this chapter, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the chief of police determines in accordance with section 8.76.060 of this chapter that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the chief of police has notified the permittee that the permit has been or may be suspended or revoked.

D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. (Ord. 2345 § 2, 1997)

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business without a valid adult oriented business performer permit issued by the city. All persons who have been issued an adult oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by section 8.76.040 of this chapter, with the names of all performers required to obtain an adult oriented business performer permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult oriented business regulatory permit.

B. The chief of police shall grant, deny and renew adult oriented business employee permits.

C. The application for a permit shall be made on a form provided by the chief of police. An original and two (2) copies of the completed and sworn permit application shall be filed with the chief of police.

D. The completed application shall contain the following information and be accompanied by the following documents:

1. The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

• 2. Age, date and place of birth;
• 3. Height, weight, hair and eye color, tattoo descriptions and locations;
• 4. Whether the applicant has ever been convicted of:

a. Any of the offenses set forth in sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered,

b. The equivalent of the aforesaid offenses outside the state of California;

5. State driver's license, social security number, or identification number;

6. The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face, taken within the last six (6) months of the date of the permit application. Any fees for the photographs and fingerprints shall be paid by the applicant;

7. If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the city council.

F. Upon receipt of an application and payment of the application fees, the chief of police shall immediately stamp the application as received and promptly investigate the application.

G. If the chief of police determines that the applicant has an incomplete or otherwise invalid application, the chief of police shall, within ten (10) business days of the filing of the application, notify the applicant. (Ord. 2424 § 7, 1999: Ord. 2345 § 2, 1997)

A. Within two (2) days after receipt of the properly completed application, the chief of police shall grant or deny the application and so notify the applicant as follows:

1. The chief of police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the chief of police shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the chief of police shall attach to the application an adult oriented business performer permit.

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

B. The chief of police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C. If the chief of police grants the application or if the chief of police neither grants nor denies the application within two (2) days after it is stamped as received (except as provided in section 8.76.050 of this chapter), the applicant may begin performing in the capacity for which the license was sought.

D. The chief of police shall deny the application for any of the following reasons:

1. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the applications;

2. The applicant is under eighteen (18) years of age;

3. The adult oriented business employee permit is to be used for performing in a business prohibited by state or city law;

4. The applicant has been registered in any state as a prostitute;

5. The applicant has been convicted of any of the offenses enumerated in section 8.76.090 of this chapter, or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.

E. Each adult oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the chief of police a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. Applications for renewal shall be acted on as provided herein for applications for permits. (Ord. 2455 § 8, 2000: Ord. 2424 § 8, 1999: Ord. 2345 § 2, 1997)

An adult oriented business regulatory permit or adult oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

A. On determining that grounds for permit revocation exist, the chief of police 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 (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the chief of police, but at a minimum shall include the following:

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

B. A permittee may be subject to suspension or revocation of a permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder or manager of an adult oriented business:

1. 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;

2. The adult oriented business regulatory permittee, employee, agent, partner, director, stockholder, or manager of an adult oriented 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 oriented business, or in the case of an adult oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult oriented business:

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

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

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

d. 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,

e. 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,

f. Any conduct prohibited by this chapter;

3. Failure to abide by a disciplinary action previously imposed by an appropriate city official.

C. After holding the hearing in accordance with the provisions of this section, if the chief of police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the chief of police shall impose one of the following:

1. Suspension of the permit for a specified period not to exceed six (6) months;

2. Revocation of the permit. (Ord. 2455 § 9, 2000: Ord. 2345 § 2, 1997)

A. Appeal To City Council:

1. Any decision of the chief of police to issue or deny a permit may be appealed to the city council. Any appeal shall be filed within ten (10) business days following notice of denial, nonrenewal, suspension or revocation by the chief of police and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within fourteen (14) days of the filing of the appeal with the city clerk. At the hearing, all parties shall have a right to offer testimonial, documentation and tangible evidence on the issues and may be represented by legal counsel. Any relevant evidence upon which reasonable persons are accustomed to rely on in the conduct of serious matters may be admitted.

2. All decisions made by the city council to issue or deny a permit subject to this chapter shall immediately become final. After any final denial, nonrenewal, suspension or revocation of a permit authorized by this chapter, the applicant/permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure section 1094.8.

B. Appeal Of Renewal, Suspension Or Revocation Of Permit:

1. Any decision of the chief of police to deny, renew, suspend or revoke a permit may be appealed to the city council. Any appeal shall be filed within ten (10) business days following notice of denial, nonrenewal, suspension or revocation by the chief of police and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within fourteen (14) days of the filing of the appeal with the city clerk of the city. At the hearing, all parties shall have a right to offer testimonial, documentation and tangible evidence on the issues; and may be represented by legal counsel. Any relevant evidence upon which reasonable persons are accustomed to rely on in the conduct of serious matters may be admitted.

2. If the police chief denies a renewal permit, or if a permit has been suspended or revoked, and the aggrieved applicant/permittee timely commences an appeal to review the validity of the denial, suspension or revocation, upon written request of the applicant/permittee, the city shall issue a temporary permit pending the final determination on the appeal. The temporary permit shall remain in effect throughout the administrative appeal process and for ninety (90) days following the administrative determination. In the event the city council upholds the police chief's decision, and the applicant/permittee fails or refuses to seek judicial review within such ninety (90) days, the temporary permit shall thereon expire without further notice and the applicant/permittee shall cease all operations thereunder. Any temporary permit issued pursuant to this section shall not grant any vested rights to the holder of the temporary permit.

3. All decisions made by the city council to issue, renew, nonrenew, suspend, revoke, or deny a permit subject to this chapter, shall immediately become final. After any final denial, nonrenewal, suspension or revocation of a permit authorized by this chapter, the applicant/permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure section 1094.8. (Ord. 2455 § 10, 2000: Ord. 2424 § 9, 1999)

Adult oriented businesses shall comply with the following development and performance standards:

A. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the city of Redlands.

B. No adult oriented 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 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.

C. All off street parking area and premises entries of the sexually oriented 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 sexually oriented 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.

D. Except for those businesses also regulated by the California department of alcoholic beverage control, an adult oriented business shall be open for business only between the hours of ten o'clock (10:00) A.M. and two o'clock (2:00) A.M. of the following day.

E. The building entrance to an adult oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the community development director or his or her designee. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

F. All indoor areas of the adult oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

G. Any adult oriented 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 (2) 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 G1 of this section 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 (2) 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 (2) 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 remaining in the common area of such business, other than the restrooms, who are 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 may justify suspension or revocation of the owner and operator's license to conduct the adult oriented establishment.

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

I. The adult oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees 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 section shall not apply to an adult oriented 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.

J. The following additional requirements shall pertain to adult oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities. If the adult business is licensed to sell alcoholic beverages, the permittee shall abide by the rules and regulations set forth by the California department of alcohol beverage control (ABC) and the regulations provided in this chapter, unless any regulation of this chapter is preempted by the ABC, in which case the ABC's regulations shall apply:

1. No person shall perform live entertainment for patrons of an adult oriented business except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least ten feet (10') from the nearest area occupied by patrons, and no patron shall be permitted within ten feet (10') of the stage while the stage is occupied by a "performer", as defined in this chapter.

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

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

4. The adult oriented 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 oriented business shall provide a minimum three foot (3') 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 either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult oriented business.

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

7. No patrons shall directly give any monetary consideration to any adult entertainer and no adult entertainer shall accept any monetary consideration directly from any patrons. Monetary considerations may be placed in or on receptacles located at least ten feet (10') from adult entertainers.

8. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch (1") in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

9. No owner or other person with managerial or supervisorial control over an "adult oriented business" (as that term is defined in section 18.226.020 of this code and section 8.76.020 of this chapter) whether or not featuring "adult live entertainment" (as that term is defined in section 8.76.020 of this chapter) shall permit any performer or person on the premises of the adult oriented business to engage in exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or 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.

10. No operator, entertainer or employee of an adult oriented business shall encourage or permit a customer upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any entertainer or employee of the adult oriented business.

11. The adult oriented business shall not conduct any massage, acupuncture, body wrapping, tattooing, acupressure, fortune telling or escort services on the premises.

12. The adult oriented business shall provide a security system that visually records and monitors all parking lot areas, at all times that the business is open and occupied for business.

K. In order to maintain the public peace and safety, adult oriented businesses featuring live entertainment shall provide at least one state licensed security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty five (35) persons, an additional state licensed security guard shall be on duty.

L. Additional regulations that apply to this chapter and shall apply to all adult oriented businesses as follows:

1. Motion Picture Theaters: The following additional requirements shall apply to adult motion picture theaters:

a. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

(1) Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area,

(2) Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times,

(3) Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and

b. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right of way, child daycare facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.

2. Sign Requirements: All adult businesses shall comply with the following sign requirements, in addition to those of this code. Should a conflict exist between the requirements of this code and this subsection, the more restrictive shall prevail.

a. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten feet (10') of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (18) years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches (6" x 6"), with a minimum typeface of 25-point. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the alcoholic beverage control department.

3. Manager: All adult businesses shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on site manager shall provide his/her name to the police chief to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. (Ord. 2455 §§ 12–14, 2000: Ord. 2424 §§ 10–12, 1999: Ord. 2345 § 2, 1997)

Every permittee of an adult oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 2345 § 2, 1997)

A. Every adult oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult oriented business.

B. The chief of police shall provide each adult oriented business performer required to have a permit pursuant to this chapter, with an identification card containing the name, address, photograph and permit number of such performer.

C. An adult oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult oriented business. (Ord. 2345 § 2, 1997)

A. It is unlawful for any permittee, operator, or other person in charge of any adult oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen (18) years of age.

B. It is unlawful for any permittee, operator or other person in charge of any adult oriented business to permit to enter, or remain within the adult oriented business, any person who is not at least eighteen (18) years of age. (Ord. 2345 § 2, 1997)

An applicant or permittee shall permit representatives of the police department, health department, fire department, community development department or other city departments or agencies to inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult oriented businesses, at any time it is occupied or opened for business. A person who operates an adult oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. Such inspections shall be conducted in reasonable manner. (Ord. 2424 § 13, 1999: Ord. 2345 § 2, 1997)

The provisions of this chapter regulating adult oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council. (Ord. 2345 § 2, 1997)

It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult oriented business performer permit. (Ord. 2345 § 2, 1997)

All persons who possess an outstanding business license heretofore issued for the operation of an adult oriented business and all persons required by this chapter to obtain an adult oriented business performer permit, must apply for and obtain such a permit within ninety (90) days of the effective date hereof. Failure to do so and continued operation of an adult oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult oriented business after such time without a permit shall constitute a violation of this chapter. (Ord. 2345 § 2, 1997)

The chief of police shall be responsible for monitoring compliance with the provisions of this chapter and recommending enforcement alternatives to the city council. Nothing in this chapter shall have the effect of limiting the remedies the city may pursue in enforcing the provisions of this chapter. (Ord. 2455 § 15, 2000)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsection, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid, or ineffective. (Ord. 2345 § 2, 1997)