Ridgecrest Municipal Code § 9-231 License required

Any violation of this article shall be an infraction.

(Code 1980, § 6-30.10; Ord. No. 79-9, § 11)

(a) Lists as conditional uses certain adult entertainment businesses within the General Commercial District (CG) of the city.

(b) The city council finds that adult entertainment businesses, because of their very nature, are recognized as having objectionable operational characteristics, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is also necessary to ensure that the conduct or operation of any such business shall not be detrimental to the public health, safety, morals or welfare.

(Code 1980, § 6-30.1; Ord. No. 79-9, §§ 1, 2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment business means:

Adult book store means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult hotel or motel means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult mini motion picture theater means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult theater and auditorium means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Cabaret means a nightclub, theater or other establishment which features live performances by go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Model studio means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

Sexual encounter center means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Specified anatomical areas means and includes the following:

(1) Less than completely and opaquely covered:

a. Human genitals, pubic region;

b. Buttock; and

c. Female breast below a point immediately above the top of the areola.

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

Specified sexual activities means and includes, but is not limited to, the following:

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

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

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

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

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

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

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

(Code 1980, § 6-30.2; Ord. No. 79-9, § 3)

No person shall own, operate, conduct or maintain any adult entertainment business without first obtaining from the director of finance a license for such adult entertainment business. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Code 1980, § 6-30.3; Ord. No. 79-9, § 4; Ord. No. 92-02, § 21)

State Law reference— Licensing for regulation purposes, Business and Professions Code § 16000.

No license shall be granted under this section to any person under the age of 18. The fee for the operator license shall be in the amount established by resolution. Every initial license shall be valid from the date of issue until December 31 of the calendar year of issue unless earlier suspended or revoked. Any renewal license shall be obtained not later than February 1 of the year following the last previous year in which a valid license was held and shall be valid until December 31 of the calendar year of issue unless earlier suspended or revoked.

(Code 1980, § 6-30.4; Ord. No. 79-9, § 5)

Upon payment of the applicable fee to the director of finance by the applicant, the director of finance shall grant and issue an appropriate license under this section when the director of finance receives from the city planning commission a written approval of a site plan for the operation of an adult use as defined by chapter 106.

(Code 1980, § 6-30.5; Ord. No. 79-9, § 6; Ord. No. 92-02, § 22)

An applicant for a license under this section shall file a verification and written application with the director of finance, on forms to be provided by the director of finance, which application shall state the name of the business, its address or proposed location, the names, addresses, and ages of all persons interested in the ownership thereof, if privately owned, or the names, addresses, and ages of all officers and directors, if owned by a corporation, the type, nature, and size of the business to be conducted by the applicant, the name, address, age, and Social Security number of a designated person upon whom notices may be served, a copy of a partnership agreement, if any, a copy of the articles of incorporation, if any, a copy of its bylaws, and such other and pertinent information as the council may require. An investigation fee established by resolution shall be paid to the director of finance at the time such application is filed and such fee shall not be returnable to the applicant.

(Code 1980, § 6-30.6; Ord. No. 79-9, § 7; Ord. No. 92-02, § 23)

The owner of and/or the holder of an operator's license shall, at all times, notify the director of finance of any change of ownership of said adult entertainment business. Failure to so notify the director of finance shall be grounds for suspension or revocation and canceling by the director of finance of any licenses issued under this section.

(1) No person under the age of 18 years shall be allowed or permitted on the licensed premises.

(2) No license shall be transferable to another person or to another business location.

(3) Each licensed premises shall have posted, and continually kept posted, a copy of this section in a conspicuous place on the licensed premises. Also, the operator's business licenses shall be similarly displayed nearby.

(Code 1980, § 6-30.7; Ord. No. 79-9, § 8; Ord. No. 92-02, § 24)

Persons securing licenses under the business license regulations, article VI of this chapter, shall be subject to all regulations and ordinances adopted by the city, including all the regulations set forth in this section and nothing in this section contained shall be construed to create any vested right in any person to the assignment, renewal, reissuance, or continuance of any license and such rights shall be, and remain at all times, vested in the city council.

(1) The city council may suspend or revoke and cancel any license for good cause shown, which may include, but not be limited to, fraud or misrepresentation in its procurement, or for a violation of any of the provisions of this section, or of any other ordinance of the city, or any state or federal statute, relating to gambling or the sale of intoxicating liquors, committed or permitted on the licensed premises or any other conduct or act permitted on the premises tending to render such premises a common nuisance or a menace to the health, peace, morals, or general welfare of the city, or whenever in the judgment of the city council the public safety demands such revocation or suspension. A public hearing on the issue of suspension, revocation, or cancellation may be requested by the applicant, licensee, or concerned citizens.

(2) Whenever the council shall receive satisfactory evidence that any operator, his officers, employees, partners, or agents have caused, committed or allowed any act provided in subsection (a) of this section to be grounds for the suspension or revocation of any license issued hereunder, the council may, by written notice serve upon said licensed person, or persons, temporarily suspend such license pending a hearing on the permanent suspension or revocation of such license, which hearing is to be held not more than ten working days after notice of such temporary suspension.

(3) The notice of the temporary suspension, together with the notice of the hearing thereon, shall be given in writing, and served at least five days prior to the date of the hearing thereon, such service to be upon the licensed operator and/or employee and such notice shall state the grounds of complaint against said licensed operator and/or employee, and the time when, and the place where such hearing shall be held. Deposit of such notice in a United States mail box in a correctly addressed, stamped envelope shall constitute service. The council shall hold the hearing and shall give notice of the determination of the council in the same manner as set forth above.

(Code 1980, § 6-30.8; Ord. No. 79-9, § 9)

If any of the provisions of this section are found to be in conflict with any other city ordinance, it is the intention of the city council that the provisions of this article take precedence.

(Code 1980, § 6-30.9; Ord. No. 79-9, § 10)