Chapter 118 — ADULT ENTERTAINMENT BUSINESS REGULATIONS

It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(Ord. 2000-07, passed 6-26-00)

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section.

ADULT ENTERTAINMENT BUSINESSES. Shall include any one of the following:

(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(2) ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(3) ADULT CABARET. 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) Shows films, computer generated images, motion pictures, video cassettes, slides, or other photograph reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(4) ADULT ENTERTAINMENT BUSINESS PERFORMER. A person engaging in or participating in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business.

(5) ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:

(a) Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area; and

(b) Rents, leases, or lets any room for less than a 6-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

(6) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

MOTION PICTURE THEATER.**_ A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

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

(8) ESCORT BUREAU. A business which, for pecuniary compensation, consideration, hire, or reward, furnishes or offers to furnish escorts.

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

ADULT ENTERTAINMENT BUSINESS OPERATOR. A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult entertainment 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 entertainment business.

BAR. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. Shall mean and refer to the dominant or essential theme of the object described by this phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. (See Pringle v. City of Covina, 115 Cal. App. 3d 151 (1981))

ESCORT. A person who, for pecuniary compensation, monetary or other consideration, hire or reward:

• (1) Escorts or accompanies others to or about social affairs, entertainment or places of amusement; or

• (2) Keeps company with others about any place or public resort or within any private quarters; or

• (3) Agrees or offers to privately model lingerie or to privately perform a striptease for another person; or

• (4) Agrees to provide any service which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.

FIGURE MODEL. Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted. HEALTH OFFICER. The Health Officer/Director of Environmental Resource of Stanislaus County, or authorized representative.

NUDITY or 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 discernibly turgid state.

OPERATE AN ADULT ENTERTAINMENT BUSINESS. The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult entertainment business or activities within an adult entertainment business.

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

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

REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

SEMI-NUDE. 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.

SHERIFF'S COMMANDER. The Chief Law Enforcement officer assigned to the Riverbank Substation of the Stanislaus County Sheriff's Department.

SPECIFIED ANATOMICAL AREAS. Shall mean and include any of the following:

(1) 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

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

• (3) Any device, costume, or covering that simulates any of the body parts included in (1) or (2) above.

SPECIFIED SEXUAL ACTIVITIES. Shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

• (3) Masturbation, actual or simulated;

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

(Ord. 2000-07, passed 6-26-00)

(A) Adult entertainment 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 an adult entertainment business, unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

(B) Adult entertainment 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 an adult entertainment business unless the person first obtains and continues in full force and effect a permit from the city as herein required.

(C) Escort permit, figure model permit. It shall be unlawful for any parson to act as an escort, figure model, or to take any other position of employment with an escort bureau or modeling studio in the city unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

APPLICATIONS AND PERMITS

Every person who proposes to maintain, operate or conduct an adult entertainment business in the city shall file an application with the Sheriff's Commander 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.

(Ord. 2000-07, passed 6-26-00)

Adult entertainment business regulatory permits are nontransferable, except in accordance with § 118.08. Therefore, all applications shall include the following information:

(A) (1) 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 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.

(B) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

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

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

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

(F) The names of all employees, independent contractors, and other persons who will perform are required by §

118.09 to obtain an adult entertainment business performer license. On-going reporting requirements are also set forth in § 118.09.

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

(H) A certificate and straight-line drawing prepared within 30 days prior to application, depicting the building and the portion thereof to be occupied by the adult entertainment business, and the property line of any other adult entertainment business within 500 feet of the primary entrance of the adult entertainment business for which a permit is requested; and the property lines of any church, school, park, or residential zone within 300 feet of the primary entrance of the adult entertainment business.

(I) A diagram of the off-street parking areas and premises entries of the adult entertainment business, showing the location of the lighting system required by § 118.18.

(J) If the Sheriff's Commander determines that the applicant has completed the application improperly, the Sheriff's Commander shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Sheriff's Commander to act on 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.

(K) The fact that an applicant possesses other types of state of city permits or licenses does not exempt the applicant from the requirement of obtaining an adult entertainment business regulatory permit. (Ord. 2000-07, passed 6-26-00)

(A) Upon receipt of a completed application and payment of the application and permit fees, the Sheriff's Commander 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 entertainment business regulatory permit.

(B) Within 30 days of receipt of the completed application, the Sheriff's Commander 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 Sheriff's Commander shall write or stamp "Granted" or "Denied" on the application and date and sign the notation.

(2) If the applicant is denied, the Sheriff's Commander shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Sheriff's Commander shall attach to the application an adult entertainment business regulatory 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 address stated in the application.

(C) The Sheriff's Commander shall grant the application and issue the adult entertainment business regulatory permit upon findings that the proposed business meets the locational criteria of § 154.03 of this code, and that the applicant has met all of the development and performance standards and requirements of § 118.18, unless the application is denied for one or more of the reasons set forth in § 118.07. The permittee shall post the permit conspicuously in the adult entertainment business premises.

(D) If the Sheriff's Commander grants the application, or if the Sheriff's Commander neither grants nor denies the application within 30 days after it is stamped as received (except as provided in §§ 118.04 and 118.05), the applicant may begin operating the adult entertainment business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of § 118.18.

(Ord. 2000-07, passed 6-26-00)

(A) The Sheriff's Commander 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 entertainment 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 these regulations.

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

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

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

(B) Each adult entertainment business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Sheriff's Commander 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 30 days before the expiration date of the permit. When made less than 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. 2000-07, passed 6-26-00)

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

(B) A permittee shall not transfer ownership or control of an adult entertainment business, or transfer an adult entertainment business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Sheriff's Commander, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Sheriff's Commander in accordance with §§ 118.03 and 118.04, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Sheriff's Commander determines in accordance with § 118.05 that the transferee would be entitled to the issuance of an original permit.

(C) No permit may be transferred when the Sheriff's Commander 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. 2000-07, passed 6-26-00)

(A) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business without a valid adult entertainment business performer permit issued by the city. All persons who have been issued an adult entertainment business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by § 118.04, with the names of all performers required to obtain an adult entertainment business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult entertainment business regulatory permit.

(B) The Sheriff's Commander shall grant, deny and renew adult entertainment business employee permits.

(C) The application for a permit shall be made on a form provided by the Sheriff's Commander. An original and two copies of the completed and sworn permit application shall be filed with the Sheriff's Commander.

(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 Cal. Penal Code §§ 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 the 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 any other jurisdiction. If any person mentioned in this division 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 registration, licensing or legal authorization, and the inclusive dates during which the 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 18 years of age;

• (9) The applicant's fingerprints on a form provided by the Sheriff's Commander, 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 non-refundable 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 Sheriff's Commander shall immediately stamp the application as received and promptly investigate the application.

(G) If the Sheriff's Commander determines that the applicant has completed the application improperly, the Sheriff's Commander shall promptly notify the applicant of the fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the City Manager to act on 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. 2000-07, passed 6-26-00)

(A) Within five days after receipt of the properly completed application, the Sheriff's Commander shall grant or deny the application and so notify the applicant as follows:

(1) The Sheriff's Commander shall write or stamp "Granted" or "Denied" on the application and date and sign the notation.

(2) If the application is denied, the Sheriff's Commander shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Sheriff's Commander shall attach to the application an adult entertainment business employee 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 Sheriff's Commander shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in division (D) of this section.

(C) If the Sheriff's Commander grants the application, or if the Sheriff's Commander neither grants nor denies the application within five days after it is stamped as received (except as provided in § 118.09), the applicant may begin performing in the capacity for which the license was sought.

• (D) The Sheriff's Commander 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 18 years of age;

(3) The adult entertainment 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 § 118.09 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 years prior to the date of the application.

(E) Each adult entertainment business performer permit shall expire one year from the date of issuance, and may be renewed only by filing with the Sheriff's Commander 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 30 days before the expiration date of the permit. When made less than 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. (Ord. 2000-07, passed 6-26-00)

An adult entertainment business regulatory permit or adult entertainment 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 Sheriff's Commander shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Sheriff's Commander, but at a minimum shall include the following: all parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The Sheriff's Commander's decision may be appealed in accordance with § 118.17.

(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 an adult entertainment business:

(1) In the case of a permittee of an adult entertainment business regulatory permit only, the building, structure, equipment, or location used by the adult entertainment business fails to comply with all applicable building, fire, electrical, plumbing, health, and zoning requirements of this Code of Ordinances, all applicable state and federal requirements of a similar nature which are customarily enforced by the city, and all provisions of these regulations and this code relating to adult entertainment businesses, including the adult entertainment business development and performance standards contained in § 118.18.

(2) 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.

(3) The permittee, employee, agent, partner, director, stockholder, or manager of an adult entertainment 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 entertainment business, or in the case of an adult entertainment business performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment 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 required registration under Cal. Penal Code, § 290.

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

• (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 Cal. Penal Code §§ 311 through 313.4.

• (f) Any conduct prohibited by this chapter.

• (4) 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 Sheriff's Commander finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Sheriff's Commander shall impose one of the following:

• (1) A warning;

• (2) Suspension of the permit, for a specified period not to exceed six months;

• (3) Revocation of the permit.

• (Ord. 2000-07, passed 6-26-00)

(A) No person shall act as an escort unless an escort permit is first obtained.

(B) No person shall act as a figure model in a modeling studio unless a figure model permit is first obtained. The issuance of a business license pursuant to § 110.04 of this Code of Ordinances shall not authorize acting as an escort, or as a figure model in a modeling studio, until the necessary regulatory permit has been lawfully granted. (Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

(A) An applicant for an escort or figure model permit shall make an application under penalty of perjury to the Sheriff's Commander or his authorized representative upon a form provided by the city. A non-refundable fee, as established by resolution adopted by the City Council from time to time, shall be paid to the city to reimburse the city for the cost of the investigation. A copy of the receipt issued by the City Finance Department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by this Code of Ordinances.

(B) The application for permit does not authorize the applicant to act as an escort or as a figure model until the permit has been granted.

(C) Every application submitted to the Sheriff's Commander shall include the following information:

(1) The applicant's full name, any other names used, date of birth, California driver's license number or California identification number, social security number, present residence address, telephone number, sex, height, weight, color

of hair, and color of eyes.

• (2) Previous two residence addresses of the applicant and the inclusive dates at each address.

• (3) The applicant's business, occupation, and employment history for five years preceding the date of application and inclusive dates of same.

(4) The permit history of the applicant; whether the person ever had any permit or license issued to him or her by any other public entity in this state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended; and if any such license or permit has been revoked or suspended, the reason therefore.

(5) All convictions for any crimes involving conduct which requires registration under any state law similar to and including Cal. Penal Code § 290, or of conduct which is a violation of the provisions of any state laws similar to and including Cal. Penal Code §§ 243.4, 261, 261.5, 262, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 336, 318, 647(a), 647(b), 647(d), or

647.6.

(6) Any offense requiring registration under provisions of Cal. Health and Safety Code § 11590; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away of a controlled substance specified in Cal. Health and Safety Code §§ 11054 through 11058, or as those sections may hereafter be amended or renumbered.

(7) 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 division 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 the person was so licensed, registered, or authorized to engage in prostitution.

• (8) Acceptable written proof that the applicant is at least 18 years of age.

• (9) A complete set of fingerprints acceptable to the Sheriff's Commander.

(10) The applicant shall make himself or herself available to the Riverbank Substation of the Stanislaus County Sheriff's office to be photographed.

(11) Authorization from the city, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

(A) The Sheriff's Commander or his authorized representative shall have 30 days from the date the application is accepted as complete in which to investigate the application and background of the applicant. Upon completion of the investigation, the Sheriff's Commander or his designated representative shall approve or deny the permit. The Sheriff's Commander may refuse to issue permit for escort or figure model for any of the following reasons, which reasons will be set forth fully in writing and delivered to the applicant:

(1) The applicant has been convicted of any of the offenses enumerated in § 118.13 (C)(5) and (C)(6), 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 any of the crimes described if such conviction occurred more than five years prior to the date of the application.

• (2) The applicant has been licensed or registered in any state as a prostitute.

• (3) Any false statements made in the initial application for escort or figure model permit.

(4) That the applicant has had an escort or figure model permit denied or revoked for cause by this city within the last five years.

• (5) That the applicant is not at least 18 years of age.

• (6) That the applicant has not paid the required fee to the City Finance Department.

(B) An application for renewal for an escort or figure model permit shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council from time to time.

(Ord. 2000-07, passed 6-26-00)

After following the procedure in § 118.11, the Sheriff's Commander may revoke or suspend an escort or figure model permit for conviction of any of the crimes specified in § 118.13(C)(5) and (C)(6). The decision of the Sheriff's Commander shall be in writing and shall be mailed postage prepaid to the escort or figure model.

(Ord. 2000-07, passed 6-26-00)

Permits issued under the provisions of this subchapter shall be valid for a period of one year from the date of issuance and shall be renewable annually.

(Ord. 2000-07, passed 6-26-00)

(A) Any permit applicant may appeal any adverse action taken under this chapter to the City Council.

(B) All appeals taken under this chapter must be taken within 30 days after the adverse action by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. An appeal shall be accompanied by a non-refundable filing fee, as established by resolution adopted by the City Council from time to time.

(C) The City Clerk, upon the filing of such appeal and payment of an appeal fee, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five days after the filing of the appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

(Ord. 2000-07, passed 6-26-00)

FACILITIES AND EMPLOYEES

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

(B) No adult entertainment 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 the 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 areas 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 footcandle 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) The premises within which the adult entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of way, or within any other building or other separate unit within the same building.

(E) Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult entertainment business shall be open for business only between the hours of 8:00 a.m. and 12:00 midnight on any particular day.

(F) The building entrance to an adult entertainment business shall be clearly and legibly posted with a notice indicating that persons under 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 designee. No person under the age of 18 years shall be permitted within the premises at any time.

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

(H) The adult entertainment business shall provide and maintain separate restroom facilities for all 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 division shall not apply to an adult entertainment 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 and adult video store, and which does not provide restroom facilities to its patrons or the general public.

(I) The following additional requirements shall pertain to adult entertainment businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

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

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

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

(4) The adult entertainment business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If a separate access is not physically feasible, the adult business shall provide a minimum three-foot 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 the patrons and entertainers.

(5) No person who is required to obtain a permit pursuant to § 118.09 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 the entertainer. This division shall only apply to physical contact on the premises of the adult entertainment business.

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

(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 an adult entertainment business as that term is defined herein shall permit any person on the premises of the adult 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 the applying of an opaque covering simulating the appearance of the specified anatomical part required to be covered.

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

(1) Adult entertainment 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

then 35 persons, an additional security guard shall be on duty.

(2) Security guards for other adult entertainment businesses may be required if it is determined by the Sheriff's Commander that their presence is necessary in order to prevent any of the conduct listed in § 118.11(B)(3) 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 division 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.

(K) The foregoing applicable requirements of this section shall be deemed conditions of adult entertainment 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. 2000-07, passed 6-26-00) Penalty, see § 10.99

Every permittee of an adult entertainment 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. The register shall be available for inspection during regular business hours by any police officer or health officer of the city, or persons contracted by the city to perform such services.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

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

(B) The Sheriff's Commander shall provide each adult entertainment business performer required to have a permit pursuant to this chapter with an identification card containing the name, address, photograph and permit number of the

performer.

(C) The Sheriff's Commander shall provide each escort or figure model granted a permit with an identification card containing the name, address, photograph, and permit number of the escort or figure model.

(D) An escort shall carry the card at all times while providing escort services.

(E) A figure model shall have the card available for inspection at all times during the hours of operation of the model studio.

(F) An adult entertainment business performer shall have the card available for inspection at all times during which that person is on the premises of the adult entertainment business.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

(A) It shall be unlawful for any permittee, operator, or other person in charge of any adult entertainment business to employ any person who is not at least 18 years of age.

(B) It shall be 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 18 years of age.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

MISCELLANEOUS PROVISIONS

An applicant or permittee shall permit representatives of the Sheriff's Department, Health Department, Consolidated Fire Protection District, Planning Division, or other city departments or agencies or other entities which perform such services for the city to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult entertainment businesses, at any time it is occupied or opened for business. A person who operates an adult entertainment business, or his or her agent or employee, is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

The provisions of this chapter regulating adult entertainment 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. 2000-07, passed 6-26-00)

(A) It shall be unlawful for any owner, operator, manager or permittee in charge of or in control of an adult entertainment 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 entertainment business performer permit.

(B) No permittee or operator of an escort service shall allow or permit a person to act as an escort for such service unless the person possesses a valid escort permit under the provisions of this chapter. It shall be the responsibility of

the permittee and the operator to ensure that each person employed as an escort shall first have obtained a valid permit pursuant to this chapter.

(C) No permittee or operator of a model studio shall allow or permit a person to act as a figure model for the studio unless the person possesses a valid figure model permit under the provisions of this chapter. It shall be the responsibility of the permittee and the operator to ensure that each person employed as a figure model shall first have obtained a valid permit pursuant to this chapter.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

All persons who possess an outstanding business license heretofore issued for the operation of an adult entertainment business, and all persons required by this chapter to obtain an adult entertainment business performer permit, escort permit, or a figure model permit, must apply for and obtain such a permit within 90 days of the effective date of this chapter. Failure to do so and continued operation of an adult entertainment business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult entertainment business after such time without a permit shall constitute a violation of this chapter.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

The City Council finds that barroom nudity is a direct cause of increased demand for police services in and about such establishments, and finds further that the activities commonly engaged in by both employees and patrons of such establishments are inimical to the public welfare in that nudity in such establishments has been demonstrated to increase the occurrence of illegal activity in and occurring around such establishments. Accordingly, the following acts or conduct on the premises of any bar are deemed contrary to the public interest and welfare and the best interest of the community and, therefore:

(A) No bar owner of operator or any employee thereof shall permit any person on the premises to display or expose his or her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof.

(B) No bar owner or operator or employee thereof shall permit any person on the premises to perform specified sexual activities as defined in § 118.02.

(C) Any bar owner, operator or employee thereof who permits any of the above while alcoholic beverages are being sold or in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.

(D) Any person who exposes his or her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof on the premises while alcoholic beverage are being sold, or on the premises and in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the display or exposure shall be guilty of a misdemeanor. (Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

Violations of §§ 154.01 through 154.03, 118.03, 118.08, 118.09, 118.11, 118.12, 118.16, 118.21, 118.22, or 118.26 shall constitute a nuisance per se, whether or not the violations are repeated or intentional, subject to abatement at the expense of the person or persons creating, causing, committing, or maintaining any of these violations. Where a violation of a valid ordinance is proven, the cost, including court costs and attorney's fees relating to any proof, shall be recoverable in addition to any other abatement related costs, both as a personal obligation of the violator and of the

property owner owning the property where the violation occurred, and as a lien against that property, in accordance with the procedures set forth in Cal. Gov't Code §§ 38773, 38773.1 or 38773.5 as they exist now or may be amended or recodified in the future. The City Attorney may, in addition to or in lieu of prosecuting a criminal action or revoking the appropriate permits, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such other court or courts as may have jurisdiction to grant such a relief as will abate or remove such adult entertainment business and restrain and enjoin any person from operating, conducting, or maintaining an adult entertainment business contrary to the provisions of this Code of Ordinances.

(Ord. 2000-07, passed 6-26-00) Penalty, see § 10.99

Cross-reference:

Zoning of Adult Entertainment Businesses, see Ch. 154