Reedley Municipal Code Ch. 12 Sexually Oriented Businesses 1

A. It is the purpose and intent of this chapter to regulate sexually oriented businesses, including the regulation of live nude and live seminude entertainment, in order to promote the health, safety and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The city council finds that among these secondary effects are increased incidents of unlawful conduct and disorderly behavior, generating a disproportionate demand for police responses; depreciated property values; vacancy problems; blighted conditions; and interference with neighbors' enjoyment of property due to debris, noise, vandalism and depreciated property values. In adopting this chapter, the city council takes legislative notice of the existence and content of the following studies that substantiate the adverse secondary effects of sexually oriented businesses:

1. "Summary Of The Final Report Of The Attorney General's Commission On Pornography".

2. "Report To The American Center For Law And Justice On The Secondary Impacts Of Sex Oriented Business".

3. "Report Of The Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses".

4. "Final Report To The City Of Garden Grove: The Relationship Between Crime And Adult Business Operations On Garden Grove Boulevard".

5. "Adult Entertainment: Land Use And Legal Perspectives".

B. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any nonobscene communicative materials, including nonobscene sexually oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to nonobscene sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of nonobscene sexually oriented entertainment to their intended market. Neither is it the intent nor is it the effect of this chapter to condone or legitimize the distribution of obscene material or material harmful to minors. (Ord. 2000-08, 5-23-2000)

When used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

ADULT ARCADE: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show still or moving images, by means of film, motion picture, videocassette, video disk, photographic slide or other photographic or computer generated means, where such still or moving images are characterized by the depiction, simulation or description of "specified sexual activities" or "specified anatomical areas".

ADULT BOOKSTORE; ADULT NOVELTY STORE; ADULT VIDEO STORE; ADULT INTERNET WEBSITE PROVIDER: A commercial establishment which devotes a "significant or substantial portion" of the interior floor space or advertising space of its business either to the direct, mail order or internet sale or to the rental or viewing, or internet viewing, for any form of consideration, of one or more books, magazines, periodicals or other printed or photographic images, whether still or moving, whether recorded or displayed by means of film, motion picture, videocassette, video disk, photographic slide or other photographic or computer generated means, where such still or moving images, be they printed, computer generated, electronic or photographic, are characterized by the depiction, simulation or description of "specified sexual activities" or "specified anatomical areas"; or commercial establishment which devotes a "significant or substantial portion" of the interior floor space or advertising space of its business to the direct, mail order or internet sale of instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities"; provided, that while an establishment may have other principal business purposes that do not involve the offering for sale of such instruments, devices or paraphernalia or the offering for sale or rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical activities", nonetheless such an establishment shall be categorized as an "adult bookstore", "adult novelty store", "adult video store" or "adult internet website provider" and such other business purposes shall not serve to exempt such establishment from being categorized as an "adult bookstore", "adult novelty store", "adult video store" or "adult internet website provider" so long as one of its principal business purposes is the offering for sale, rental or viewing, for any form of consideration, of one or more of the specified materials described herein.

ADULT CABARET: A nightclub, bar, restaurant, "bottle club" or similar commercial establishment, whether or not alcoholic beverages are therein served, which "regularly features": a) persons who appear "seminude"; or b) live performances which are characterized either by the exposure of "specified anatomical areas" or by the performance or simulation of "specified sexual activities"; or c) the presentation, showing, sale, rental or viewing of photographs of still or moving images by means of the sale, rental or showing of film, motion picture, videocassette, video disk, photographic slide or other photographic or computer generated devices or mechanisms, where such still or moving images available thereby or manifested therewith are characterized by the depiction, simulation or description of "specified sexual activities" or "specified anatomical areas".

ADULT MOTEL: A motel, hotel or similar commercial establishment which: a) offers public accommodations, for any form of consideration, and which provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, video disks, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this "sexually oriented material" by means of a sign visible from the public right of way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television; or b) offers a sleeping room for rent for a period of time less than ten (10) consecutive hours; or c) allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) consecutive hours.

ADULT MOTION PICTURE THEATER: A commercial establishment where film, motion pictures, videocassettes, video disks, slides or similar photographic reproductions characterized by the depicting or description of "specified sexual activities" or "specified anatomical areas" are "regularly featured" for any form of consideration.

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

EMPLOYEE: A person who works or performs in and/or for a "sexually oriented business", regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

ESTABLISHING: Means and includes any of the following:

A. The opening or commencement of any business as a new business subsequent to the effective date hereof; or

B. The conversion of any existing business (whether or not a "sexually oriented business") to a "sexually oriented business", as defined in this chapter, subsequent to the effective date hereof; or

C. The addition of any "sexually oriented business", as defined in this chapter, to any other existing "sexually oriented business"; or

D. The relocation of any "sexually oriented business".

NUDE; NUDITY; OR STATE OF NUDITY: The appearance or showing of the human bare buttocks, anus, male genitals, female genitals, areola or nipple of the female breast, pubic hair or pubic region.

OPERATOR: Means and includes the owner, custodian, manager, operator or person in charge of any sexually oriented business.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

PUBLIC BUILDING: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN: Any building owned, leased or held by the United States, the county, the city, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's museum or youth center or any other use having special attraction to children, or which building is often visited by children for social activities, unaccompanied by their parents or other adult custodians.

PUBLIC PARK OR RECREATION AREA: Public land which has been designated for park, recreational or arts activities including, but not limited to, a park, playground, trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, open space or similar public land within the city which is under the control, operation or management of the city.

REGULARLY FEATURES OR REGULARLY FEATURED: With respect to an "adult cabaret", "adult theater" or "adult motion picture theater", what is featured or shown at least one time within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

RESIDENTIAL ZONE: Property which is zoned as residential and/or as a single-family house, duplex, townhouse, multiple-family dwelling or mobile home park or subdivision, including property within the RE residential estate district, the R one-family residential district and the RM multi-family residential district.

SCHOOL: Any public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. "School" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

SEMINUDE: A state in which clothing or other opaque covering covers and obscures no more than the genitals and pubic region of a male human, or no more than the genitals, pubic region, and entirety of the breast of a female human below a point at the top of the areola, with the exception of portions of the body covered by supporting straps or devices.

SEXUALLY ORIENTED BUSINESS: Means: a) "adult arcade"; b) "adult bookstore"; c) "adult cabaret"; d) "adult internet website provider"; e) "adult mail order distribution site"; f) "adult motion picture theater"; g) "adult novelty store"; h) "adult theater"; i) "adult video store"; or j) "adult motel", as defined in this section.

SEXUALLY ORIENTED MATERIALS: Any physical object or visual image, however stored, recorded or manifested, that is offered for sale, rental or viewing and that simulates, depicts or describes "specified anatomical areas" or that is offered for sale or rental for use in "specified sexual activities" (other than condoms sold in conformity with laws otherwise applicable).

SIGNIFICANT OR SUBSTANTIAL PORTION: Means that fifteen percent (15%) or more of interior floor space or display space is devoted to depiction of "specified sexual activities" or "sexually oriented materials", or that fifteen percent (15%) or more of actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of "sexually oriented materials", as defined in this section.

SPECIFIED ANATOMICAL AREA: Means and includes any one or more of the following:

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

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

SPECIFIED SEXUAL ACTIVITY: Means and includes, without limitation, of any of the following:

A. The fondling or other intentional touching of one's own or another's human genitals, pubic region, pubic hair, perineum, anus or female breast, whether the person so touched is nude, seminude or clothed or covered, or the fondling or other intentional touching of the buttocks of any nude or seminude person; or

B. Sex acts, normal or perverted, actual or simulated, whether the actor or actors is or are nude, seminude or clothed or covered, including actual or simulated vaginal intercourse, anal intercourse, oral copulation, sodomy, oral anal copulation, bestiality, flagellation or masochism or torture in the context of a sexual act, anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia or sapphism; or

C. Whether the actor is nude, seminude or clothed or covered, acts of human masturbation, actual or simulated; animal masturbation, actual or simulated; erotic or lewd touching of an animal, actual or simulated; or human or animal ejaculation, actual or simulated; or

D. Human genitals in a state of sexual stimulation, arousal or tumescence discernible to any other person, or male genitals in a discernibly turgid state, even if completely and opaquely covered; or

E. The display or showing of excretory, urinary or female menstrual functions or vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections A through D of this definition; or

F. Dancing by one or more live persons in a manner that exposes to the view of any other person a "specified anatomical area" or that constitutes the public simulation by a clothed person of any "specified sexual activity".

SUBSTANTIAL ENLARGEMENT OF SEXUALLY 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 hereof.

TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:

A. The sale, lease or sublease of the business; or

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

C. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by request or other operation of law upon the death of a person possessing the ownership or control. (Ord. 2000-08, 5-23-2000)

No owner or other person with managerial control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of a nude human male or nude human female, as defined. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. Subject to compliance with all conditions, regulations and procedures enumerated in this chapter, a person may use a premises for a sexually oriented business only within the M industrial districts, which districts includes the ML light industrial district, the MH heavy industrial district and the MP planned industrial district; provided, however, that sexually oriented businesses shall be restricted to the area bounded by Dinuba Avenue on the north; Floral Avenue (or its extension) on the south; the Union Pacific Railroad line (formerly Southern Pacific Railroad) on the west; and one-fourth (1/4) mile east of Buttonwillow Avenue on the east. Sexually oriented businesses shall be prohibited in all other areas and zone districts in the city. (Ord. 2000-08, 5-23-2000)

The following sexually oriented businesses are subject to the provisions of this chapter:

A. Adult arcade;

B. Adult bookstore;

C. Adult cabaret;

D. Adult internet website provider;

E. Adult mail order distribution site;

F. Adult motel;

G. Adult motion picture theater;

H. Adult novelty store;

I. Adult theater;

J. Adult video store;

K. Any other business which devotes a substantial portion of its interior floor space or display space to sexually oriented materials or specified sexual activities, regardless of the name, title or designation used by the business itself. (Ord. 2000-08, 5-23-2000)

A sexually oriented business hereinafter lawfully established and operating as a conforming use is not rendered a nonconforming use by the location, subsequent to its establishment, of a religious institution, school, public park or public building regularly frequented by children or a residential zone district within six hundred feet (600') of the sexually oriented business. (Ord. 2000-08, 5-23-2000)

No person shall cause or permit the establishing of any "sexually oriented business" (as defined within section 3-12-2 of this chapter) within six hundred feet (600') of another sexually oriented business; within six hundred feet (600') of any religious institution, school, regularly established boys' club or girls' club or public building regularly frequented by children, public park, public trail or public building; or within six hundred feet (600') of any residential zone. (Ord. 2000-08, 5-23-2000)

For purposes of sections 3-12-5 and 3-12-6 of this chapter, the distance between any two (2) sexually oriented businesses or between a sexually oriented business and any of the sensitive uses described in section 3-12-6 of this chapter shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line of the property on which the one sexually oriented business is located to the nearest point on the property line of the property on which the other sexually oriented business, or the said sensitive use is located; provided, however, that if a public street is located adjacent to any affected religious institution, school, regularly established boys' club or girls' club, public building regularly frequented by children, public park, public building or residential zone, between said sensitive use and a proposed sexually oriented business, then said distance shall be measured from the edge of the street right of way immediately opposite the said sensitive use. (Ord. 2000-08, 5-23-2000)

A. Sexually Oriented Business Regulatory Permit: 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 a sexually oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

B. Sexually Oriented Business Performer Permit: It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required. (Ord. 2000-08, 5-23-2000)

A. Every person who proposes to maintain, operate or conduct a sexually oriented business in the city shall file an application with the police chief 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.

B. Sexually oriented business regulatory permits are nontransferable, except in accordance with section 3-12-12 of this chapter. Therefore, all applications shall include the following information:

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

2. 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.

3. 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.

4. If the applicant is an individual or a partnership, whether the individual applicant or any general partner has ever been convicted of:

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

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

C. If the applicant is an individual, he 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.

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

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

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

G. The names of all employees, independent contractors and other persons who will perform at the sexually oriented business, who are required by section 3-12-13 of this chapter to obtain a sexually oriented business performer permit (for ongoing reporting requirements see section 3-12-13 of this chapter).

H. A site plan, drawn to scale, which indicates clearly, with full dimensions, the following information:

• 1. Lot Or Site: Lot or site dimensions.
• 2. All Buildings And Structures: Location, size, height, proposed use.
• 3. Yards: Yards and space between buildings.
• 4. Walls And Fences: Location, height and materials.

5. Off Street Parking And Off Street Loading: Location, number of spaces and dimensions of parking and loading areas, internal circulation pattern.

6. Access; Pedestrian, Vehicular, Service: Points of ingress and egress, internal circulation.

7. Signs: Locations, size, height and type of illumination, if any, including hooding devices.

8. Exterior Lighting: Location and general nature, hooding devices, strength (in footcandles), site coverage.

I. A diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises. Location of all doors and windows shall be shown on the diagram.

J. 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 sexually oriented business, and: 1) the property line of any other sexually oriented business within six hundred feet (600') of the property line of the sexually oriented business for which a permit is requested; and 2) the property lines of any church, school, park, residential zone or other sensitive land use within six hundred feet (600') of the property line of the sexually oriented business.

K. If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant ten (10) days or less to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

L. 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 a sexually oriented business regulatory permit. (Ord. 2000-08, 5-23-2000)

A. Upon receipt of a completed application and payment of the application and 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 a sexually oriented business regulatory permit.

B. Within forty five (45) 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 a copy of the application to a sexually oriented business regulatory permit.

4. A copy of 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 address stated in the application.

C. The police chief shall grant the applicant and issue the sexually oriented business regulatory permit upon findings that the proposed business meets the locational criteria of section 3-12-6 of this chapter, and that the applicant has met all of the development and performance standards and requirements of section 3-12-9 of this chapter, unless the application is denied for one or more of the reasons set forth in section 3-12-11 of this chapter. The permittee shall post the permit conspicuously in the sexually oriented business premises.

D. If the police chief grants the application or if the police chief neither grants nor denies the application within forty five (45) days after it is stamped as received (except as provided in subsection 3-12-9K of this chapter), the applicant may begin operating the sexually oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of this chapter. (Ord. 2000-08, 5-23-2000)

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

A. The building, structure, equipment or location used by the business for which a sexually oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state of California, or with the locational or development and performance standards and requirements of this chapter.

B. The applicant, his employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a sexually oriented business regulatory permit.

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

D. The required application fee has not been paid.

E. The sexually oriented business does not comply with the zoning ordinance locational standards, section 3-12-6 of this chapter.

F. The applicant or any of his employees, partners, officers or directors (if the applicant is a corporation or partnership) has been convicted of any of the offenses specified in subsection 3-12-13D5 of this chapter.

Each sexually oriented 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 permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. (Ord. 2000-08, 5-23-2000)

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

B. A permittee shall not transfer ownership or control of a sexually oriented business or transfer a sexually oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the 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 section 3-12-9 of this chapter, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with section 3-12-10 of this chapter that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the police chief 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. 2000-08, 5-23-2000)

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business in any location within the city without a valid sexually oriented business performer permit issued by the city for the said location. All persons who have been issued a sexually oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by section 3-12-9 of this chapter, with the names of all performers required to obtain a sexually 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 sexually oriented business regulatory permit.

B. The police chief shall grant, deny and renew sexually oriented business performer permits.

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

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;
• 4. Present residence address and telephone number;
• 5. Whether the applicant has ever been convicted of:

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

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

6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;

7. State driver's license or identification number;

8. Satisfactory written proof that the applicant is at least eighteen (18) years of age;

9. The applicant's fingerprints on a form provided by the police department and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

10. 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 fee, the police chief shall immediately stamp the application as received and promptly investigate the application.

G. If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and grant the applicant not more than ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 2000-08, 5-23-2000)

A. Within forty five (45) days after receipt of the properly completed application, the police chief shall grant or deny the application 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 a copy of the sexually oriented business performer permit.

4. A copy of 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 police chief 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 police chief grants the application or if the police chief neither grants nor denies the application within forty five (45) days after it is stamped as received (except as provided in subsection 3-12-13G of this chapter), the applicant may begin performing in the capacity for which the permit was sought.

D. The police chief 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 application.

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

3. The sexually oriented business performer 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 subsection 3-12-13D5 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 sexually oriented business performer 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 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. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.

F. It shall be unlawful for any owner, operator, manager or permittee in charge of or in control of a sexually 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 sexually oriented business performer permit. (Ord. 2000-08, 5-23-2000)

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

A. In the event that the chief of police of the city has reasonable cause to believe and does believe that any permittee or other person employed by or representing such permittee is violating any of the provisions of this chapter or any other law or ordinance relating to the business of the permittee including, but not limited to, those offenses listed in subsection B of this section, he shall have power to and shall be authorized to suspend such license and all permits issued. If no written appeal is filed with the city clerk protesting such suspension within two (2) business days of the date of such suspension, such suspension shall be deemed permanent and all such permits issued thereunder shall be deemed revoked.

B. A permittee may be subject to suspension or revocation of his 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 a sexually 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 permittee, employee, agent, partner, director, stockholder or manager of a sexually 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 sexually oriented business, or in the case of a sexually oriented business performer, the permittee has engaged in one of the activities described below while on the premises of a sexually 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 occur.

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

d. The occurrence of acts of lewdness, assignation or prostitution, including any conduct constituting violations of Penal Code sections 315, 316, or 318 or subdivision (b) of section 647.

e. Any act constituting a violation of provisions in the Penal Code relating to obscene matter or distribution of harmful matter to minors including, but not limited to, Penal Code 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. (Ord. 2000-08, 5-23-2000)

In the event that any applicant desires to appeal from any order, denial, order of suspension or any other ruling of the police chief made under the provisions of this chapter dealing with sexually oriented business regulatory permits or sexually oriented business performer permits, such applicant or any other person aggrieved thereby shall file written notice of such appeal with the city clerk and such matters shall be heard at the next regular meeting of the city council, at which time the city council shall hear and receive evidence, written and oral, upon all matters involved. Upon the filing of such written notice of appeal, the order, denial, order of suspension or other ruling of the police chief shall be stayed pending the decision of the city council. The decision of the city council shall be final upon all parties concerned. The effect of the decision of the city council shall be stayed while the permittee seeks prompt judicial review, if any. (Ord. 2000-08, 5-23-2000)

It is unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually oriented business, and knowingly or with reasonable cause to know, permits, suffers or allows any one or more of the following to occur:

A. Admittance of a person under eighteen (18) years of age to the business premises; or

B. A person under eighteen (18) years of age to remain at the business premises; or

C. A person under eighteen (18) years of age to purchase goods or services at the business premises; or

D. A person who is under eighteen (18) years of age to work at the business premises as an employee; or

E. If the business operates under the authority of a license issued by ABC, admits anyone under the age of twenty one (21) or allows any other activity to occur within or on the premises of the business which is prohibited by the license issued by ABC or by ABC regulations. (Ord. 2000-08, 5-23-2000)

A. It is unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually oriented business and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.

B. It is unlawful and a person commits a misdemeanor if he operates or causes to be operated a sexually oriented business and displays or otherwise exhibits the materials or performances of such sexually oriented business in any advertising. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.

C. A permitted use shall have a separate business entrance adjacent to the required parking area and no other nonadult use shall be permitted in the same building when a sexually oriented business is operated.

D. All signing and architectural graphics shall comply with the provisions of title 10, chapter 14 of this code.

E. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building and safety division regulations and standards.

F. No loudspeakers or sound equipment shall be used in a sexually oriented business for the amplification of any sound to a level discernible by the public beyond the walls of the building in which such use is conducted.

G. The building entrance to a sexually oriented business shall be clearly and legibly posted by a notice indicating that minors are excluded from entering the premises.

H. All off street parking areas and entrances to the premises of a sexually oriented business shall be illuminated from dusk until at least the closing hour 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. This 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.

I. The sexually 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 subsection shall not apply to a sexually 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 sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the alcoholic beverage control commission:

1. No person shall perform live entertainment for patrons of a sexually 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 an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.

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

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

4. The sexually oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three foot (3') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

5. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection J5 shall only apply to physical contact on the premises of the sexually oriented business.

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

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

8. No owner or other person with managerial control over a "sexually oriented business" (as that term is defined herein) shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage 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.

K. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, video disk or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1. The interior diagram of a sexually oriented business regulatory permit, required pursuant to subsection 3-12-9I of this chapter shall specify the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted to enter. A manager's station may not exceed thirty two (32) square feet of floor area with no dimensions greater than eight feet (8'). No alteration in the configuration or location of a manager's station may be made without the prior approval of the police chief.

2. It is the duty of the owner or owners and the operator or operators of the premises to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

3. 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 viewing capability. 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 K3 must be by direct line of sight from the manager's station.

4. The view area specified in subsection K3 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 to enter.

5. No viewing room may be occupied by more than one person at any one time.

6. 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.

7. Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or from 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.

8. 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's and operator's license to conduct the sexually oriented establishment.

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

M. Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1. Sexually oriented 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 thirty five (35) persons, an additional security guard shall be on duty.

2. Security guards for other sexually oriented 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 listed in subsection 3-12-15B2 of this chapter from occurring on the premises.

3. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. 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 M 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.

N. Nothing contained in this section shall relieve the owner or owners or operator or operators of a sexually oriented business from complying with the requirements of this chapter as it may be amended from time to time, or any other existing or subsequently enacted city ordinances or regulations.

O. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (Ord. 2000-08, 5-23-2000)

Every permittee of a sexually 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 of the city. (Ord. 2000-08, 5-23-2000)

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

B. The police chief shall provide each sexually 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. A sexually oriented business performer shall have such card available for inspection by a police officer of the city at all times during which such person is employed by and on the premises of the sexually oriented business.

D. It shall be the manager's responsibility to verify that performers have their permits in their possession prior to performing. (Ord. 2000-08, 5-23-2000)

A. It shall be unlawful for any permittee, operator or other person in charge of any sexually 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 shall be unlawful for any permittee, operator or other person in charge of any sexually oriented business to permit to enter, or remain within the sexually oriented business, any person who is not at least eighteen (18) years of age.

C. It shall be unlawful for any permittee, operator or other person in charge of any sexually oriented business which operates the business in conjunction with a license issued by ABC, to permit to enter, or remain within the sexually oriented business, any person who is not at least twenty one (21) years of age. (Ord. 2000-08, 5-23-2000)

A. It is unlawful and a person commits a misdemeanor if he operates, permits or causes to be operated a sexually oriented business, where that person operates or permits or causes such business to remain open for business, or permits or causes any employee to engage in a performance, to solicit a performance, to make a sale, to solicit a service, between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon of any day.

B. It is unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon of any day. (Ord. 2000-08, 5-23-2000)

All persons who possess an outstanding business license heretofore issued for the operation of a sexually oriented business and all persons required by this chapter to obtain a sexually 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 a sexually oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in a sexually oriented business after such time without a permit shall constitute a violation of this chapter. (Ord. 2000-08, 5-23-2000)

In addition, any sexually oriented business shall be subject to the following restrictions:

A. A person commits a misdemeanor if he operates, allows to be operated or causes to be operated a sexually oriented business outside of the districts enumerated in section 3-12-3 of this chapter.

B. A person commits a misdemeanor if he operates, allows to be operated or causes to be operated a sexually oriented business within six hundred feet (600') of:

• 1. Any religious institution;
• 2. Any school;
• 3. A public park or public trail;

4. A regularly established boys' or girls' club, or public building regularly frequented by children.

C. A person commits a misdemeanor if he operates, allows to be operated or causes to be operated a sexually oriented business within six hundred feet (600') of the boundary of any residential zone or the boundary of a lot devoted to a conforming residential use.

D. A person commits a misdemeanor if he operates, allows to be operated or causes to be operated a sexually oriented business within six hundred feet (600') of another sexually oriented business.

E. A person commits a misdemeanor if he operates, causes to be operated, or permits the operating, establishing or maintaining of, more than one sexually oriented business within the same building, structure, or portion thereof, or causes or allows the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

F. It is a defense to prosecution under this section if a person appearing in a state of nudity does so in a modeling class operated in compliance with both of the following criteria:

1. That the class is operated either by a proprietary school, licensed by the state of California; a college, junior college or university supported entirely or partly by taxation or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; and

2. That the class is operated entirely within a structure:

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

b. Where, in order to participate in a class a student is customarily required to enroll in advance of the class (though late registrations may be allowable by the institution offering the class); and

c. Where no more than one nude model is on the premises at any one time. (Ord. 2000-08, 5-23-2000)

A person who operates or causes to be operated a sexually oriented business in violation of the locational restrictions of this chapter, is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine and imprisonment, as fixed by the superior court, and if an injunction must be sought, attorney fees and costs will be assessed at the discretion of the court against the sexually oriented business. (Ord. 2000-08, 5-23-2000)

A. The operator shall permit representatives of the police department, community development department, the county health department and the fire department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or at any time it is open for business.

B. It is unlawful and a person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time that it is occupied or at any time that it is open for business. (Ord. 2000-08, 5-23-2000)

In addition to whatever penalties are applicable under the Penal Code, if any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished as provided in the general penalty in section 1-4-1 of this code. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered a separate offense. Nothing herein contained shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy a violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. (Ord. 2000-08, 5-23-2000; amd. 2007 Code)

The city and its designee, the police department and all other departments and agencies, and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter. (Ord. 2000-08, 5-23-2000)

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 hereby 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 subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. Nothing in this chapter is intended to supplant or supersede the rules or regulations of the department of alcohol beverage control of the state of California ("ABC") pertaining to licensed premises, rather, the policies, rules and regulations of this chapter are to be construed as supplemental to those of ABC for said licensed premises. (Ord. 2000-08, 5-23-2000)