Sacramento County Municipal Code Art. 1 General Provisions

There has been a proliferation throughout the County of Sacramento of adult-related establishments, such as escort bureaus, introductory services, public bathhouses, model studios, sexual encounter centers, and similar businesses which offer patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. There has been a demonstrable relationship between high incidence of unlawful prostitution and drug-related crime, and the adultrelated establishments regulated by this chapter. Such businesses operate as fronts for houses of prostitution, and for illegal drug-related transactions. Past regulation by the County of some of these establishments has been unsuccessful because the establishments evade the regulations by changing their names to indicate different objects or purposes from the types of businesses regulated.

A system of requiring regulatory licenses for adult-related establishments and for those persons rendering services to customers will assist in assuring illegal activities do not occur on the premises or otherwise in connection with the business within the unincorporated area of the County. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the Sheriff with both preventative and investigatory tools to control illegal activity in such businesses, and will promote and protect the public health, safety, and welfare.

By the definition of "adult-related establishment" contained in Section 4.34.010, it is the intent of the Board of Supervisors to prevent evasion of the provisions of this chapter through the device of calling the business by a new or different name. If specified sexual activities are involved, or if specified anatomical areas are displayed, this chapter is intended to apply to both the premises and the individuals who provide such services to the patrons, regardless of the individual's title or position, or of the name given to the business.

It is the intent of the Board of Supervisors that where activity regulated under this title is conducted in exchange for a fee or other consideration, the holder of a Special Business License shall be responsible for all activity relating to such activity that occurs on, or from, the premises. This Special Business License shall be the only license that authorizes the regulated activity on, or from, the business establishment premises, as applicable, whether offered or conducted by the business, the business owner(s), an employee, an independent contractor, an assistant, a sole practitioner, a lessee, sublessee, a separate business, or in any other manner, and whether conducted at, or from, a commercial location, the home, or any other location.

This chapter is enacted pursuant to the provisions of Section 51034 of the Government Code.

(SCC 578 § 15, 1983; SCC 1241 § 4, 2003; SCC 1304 § 1, 2005)

As used in this chapter, the terms identified by Sections 4.34.010 through 4.34.060 shall be ascribed the meanings indicated.

(SCC 578 § 15, 1983)

"Adult-related establishment"

means a bathhouse, escort bureau, introductory service, modeling studio or sexual encounter center, as defined by this chapter. "Adult-related establishment" shall also include any other business or establishment which has available for or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve "specified sexual activities" or the display of "specified anatomical areas."

"Adult-related establishment"

does not include an adult bookstore, adult motion picture theater, adult minimotion picture theater, adult hotel or motel, or cabaret.

(SCC 578 § 15, 1983; SCC 1595 § 35, 2016)

"Bathhouse"

means an establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including but not limited to, showers, saunas and hot tubs.

(SCC 578 § 15, 1983)

"Sexual encounter center"

means a business which provides two or more persons, for pecuniary compensation, consideration, hire or reward, with a place to assemble for the purpose of engaging in "specified sexual activities" or displaying "specified anatomical areas".

"Sexual encounter center"

does not include hotels or motels.

(SCC 578 § 15, 1983)

"Introductory service"

means a business which, for pecuniary compensation, consideration, hire or reward will help persons to meet or become acquainted with others for social purposes. For purposes of this section, "others" include personnel of the introductory service.

(SCC 578 § 15, 1983)

In relation to modeling services, the following terms shall be ascribed the following meanings:

A. "Modeling studio" means a business which provides, for pecuniary compensation, consideration, hire or reward, figure models who display specific anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such considerations;

B. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.

(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)

In relation to escort services, the following terms shall be ascribed the following meanings:

A. "Escort bureau" means a business which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts;

B. "Escort" means a person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters.

(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)

"Specified anatomical areas"

shall include:

A.

Less than completely and opaquely covered:

human genitals or pubic regions;

buttocks; or

female breasts below a point immediately above the top of the areola; and

B.

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

(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)

"Specified sexual activities"

shall include the following:

A.

Actual or simulated 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, or zooerasty; or

B.

Clearly depicted human genitals in a state of sexual stimulation, as arousal or tumescence; or

C.

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

D.

Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or

E.

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

F.

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

G.

Human excretion, urination, menstruation or vaginal or anal irrigation.

(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)

Neither the provision of this chapter nor Chapter 4.10 shall be applicable to or include the following:

A. Hospitals, nursing homes, sanitariums, or persons working in any such establishments;

B. Persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California or persons working under the direction of any such persons;

C. Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the State of California; or

D. Modeling schools maintained pursuant to standards established by the State Board of Education of the State of California.

(SCC 578 § 15, 1983; SCC 1304 § 3, 2005; SCC 1595 § 36, 2016)

It shall be unlawful for any adult-related establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day.

(SCC 578 § 15, 1983)

A list of the services available and the price of such services shall be posted in a clearly visible place at or near the entrance of each adult-related establishment. The services available shall be described in readily understandable language. No adult-related establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this section.

(SCC 578 § 15, 1983)

Operators of adult-related establishments shall maintain personnel registers, which shall be available for inspection by the Sheriff at all times during regular business hours, as follows:

A. With respect to an escort service, a personnel register shall be maintained which includes the names and employee permit number of each person employed or retained as an escort.

B. With respect to a model studio, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as a figure model.

C. With respect to any adult-related establishment, other than a model studio, escort service, a personnel register shall be maintained which includes the names of all persons employed or retained on the premises to provide services, the title of the position of each such person, and as to those persons required to possess employee permits by this chapter, their employee permit numbers.

(SCC 578 § 15, 1983; SCC 1304 § 4, 2005; SCC 1595 § 37, 2016)

It shall be unlawful for the owner, operator, or any other person in charge of an adult-related establishment to employ or retain any person who is under the age of 18 years to perform any service on the premises of the establishment.

(SCC 578 § 15, 1983; SCC 1304 § 5, 2005, SCC 1241 § 6, 2003)

Within bathhouses, towels shall not be supplied to more than one patron unless such towels have first been laundered and disinfected. Wet and dry heat rooms, steam or vapor rooms and cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once a day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition.

(SCC 578 § 15, 1983)