Sacramento Municipal Code Ch. 5.04 Adult-Related Establishments

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

"Adult-Related Establishment" means a bathhouse, escort bureau, or sexual-encounter center. "Adult-related establishment" also includes any other business or establishment not constituting an adult-entertainment business within the meaning of chapter 5.06 that offers for pecuniary compensation, consideration, hire or reward, services or activities that involve specified sexual activities or the display of specified anatomical areas. "Adult-related establishment" does not include a massage establishment.

"Adult-Related Establishment Operator" (hereinafter "operator") means a person who supervises, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the conduct or the activities of an adult-related establishment.

"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.

"Chief of police" means the chief of police of the city of Sacramento or authorized representative.

"City manager" means the city manager of the city of Sacramento or authorized representative.

"Escort" means a person who, for pecuniary compensation, 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 of public resort or within any private quarters.

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

"Massage therapy" has the same meaning as in section 5.124.020.

"Massage therapy establishment" has the same meaning as in section 5.124.020.

"Operate an Adult-Related Establishment" means the supervising, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-related establishment or activities within an adult-related establishment.

"Permittee" means the person to whom an adult-related establishment permit is issued.

"Person" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

"Sexual encounter center" means a business that 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, or a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and that does not provide, permit or make available "specified sexual activities."

"Specified anatomical areas" shall include:

1. Less than completely and opaquely covered a. human genitals or pubic region; b. buttocks; and c. 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.

"Specified sexual activities" shall include the following:

1. 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: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

• 2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
• 3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or,
• 4. Fondling or touching of nude human genitals, pubic region, buttocks or female breasts: or,
• 5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or,
• 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. (Ord. 2021-0016 § 1; Ord. 2001-040 § 3; prior code § 28.06.060)

It is unlawful, a misdemeanor and a public nuisance for any person to operate an adult-related establishment as owner or otherwise, unless the owner thereof has first received an adult-related establishment permit. (Prior code § 28.06.061)

A. Any person desiring to obtain a permit to operate an adult-related establishment shall apply to the chief of police on a form provided by the revenue division. Before submitting such application a nonrefundable fee as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of investigation and report required by this title. The department of finance shall issue a receipt to the applicant showing that such permit application fee has been paid. The applicant shall provide the chief of police with the receipt or a copy thereof at the time of applying for a permit under this section.

B. The application to the chief of police shall set forth the following information:

1. The full and true name and any other names of each person with an ownership interest in the adult-related establishment and of each person who will operate the adult-related establishment;

2. The present address and telephone number of the applicant and any operator;

3. The two previous addresses immediately prior to the present address of the applicant and any operator;

4. Written proof that the applicant and any operator is at least eighteen (18) years of age;

5. The height, weight, color of eyes and hair of the applicant and any operator;

6. Five portrait photographs at least two inches by two inches of the applicant and any operator;

7. The business license or tax certificate history of the applicant and any operator, whether such person in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

8. All convictions of any person with an ownership interest and any operator of offenses specified in Section 5.04.090 of this chapter within five years of the date of application;

9. The name and address of the lessor of the real property on which the business is to be conducted, and a copy of the lease agreement; and

10. Such other identification and information necessary to discover the truth of the matters hereinabove specified as required to be set forth in the application.

C. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown on its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than ten (10) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant apply.

D. The chief of police shall take fingerprints and additional photographs of the applicant and any operator, and shall confirm the height and weight of the applicant and any operator.

E. The application for a permit does not authorize conducting an adult-related establishment until such permit has been granted. The issuance of a business operation tax certificate pursuant to chapter 3.08 shall not authorize conducting an adult-related establishment until the necessary regulatory permit has been lawfully granted. (Ord. 2021-0016 § 2; prior code § 28.06.062)

Subsections B.4, B.5, B.6, and B.8 of section 5.04.030 do not apply to require any corporate applicant to provide such information as to the corporation; provided, however, that such information shall be provided for any operator. (Ord. 2021-0016 § 3; prior code § 28.06.063)

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

B. The issuance of a business operations tax certificate pursuant to chapter 3.08 does not authorize acting as an escort. (Ord. 2021-0016 § 4; Ord. 2001-040 § 4; prior code § 28.06.064)

A. An application for an escort permit shall be made to the chief of police on a form provided by the city clerk. Prior to submitting such application a non-refundable fee as established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of investigation and report required by this title. The department of finance shall issue a receipt to the applicant showing that such permit application fee has been paid. The issuance of such a receipt shall not authorize the giving of a massage or acting as an escort, until the necessary regulatory permit has been lawfully granted. The applicant shall provide the chief of police with the receipt or a copy thereof at the time of applying for a permit under this section.

B. The application to the chief of police shall set forth the following information:

• 1. Name, residence address and telephone number of the applicant;
• 2. Driver's license number, if any, of the applicant;
• 3. Applicant's height, weight, color of hair and eyes;
• 4. Five portrait photographs of the applicant at least 2" x 2";
• 5. Written evidence that the applicant is at least 18 years of age;

6. The name and address of the adult-related establishment where the applicant is to be employed and the name of the owner of that establishment;

7. The names and address of any establishments where the applicant was previously employed as an escort;

8. Whether the applicant has been convicted of any offense specified in section 5.04.100 within five years of the date of the application; and

9. The escort or similar business license history of the applicant; whether such person has had such license revoked or suspended, the reason therefor and the business activity or occupation subsequent to such suspension or revocation.

C. The chief of police shall take fingerprints and a photograph of the applicant and shall confirm the information submitted. (Ord. 2021-0016 § 5; Ord. 2001-040 § 5; prior code § 28.06.065)

Every application for a permit under this chapter shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Prior code § 28.06.066)

A. Upon receiving an application for an adult-related establishment permit, the chief of police shall:

1. Within a reasonable period, not exceeding ninety (90) days of the filing of the application, investigate the application and recommend approval or denial to the city manager; and

2. Within ten (10) days, refer the application to the division of building inspections and the fire department.

The division of building inspections and the fire department shall inspect the premises and make separate recommendations to the city manager, within thirty (30) days of the filing of the application.

B. Upon receiving an application for an escort permit, the chief of police shall investigate the application and recommend approval or denial to the city manager within 60 days. (Ord. 2021-0016 § 6; Ord. 2001-040 § 6; prior code § 28.06.067)

A. The city manager shall act on an escort application within 90 days of the filing thereof, and shall issue the permit if all requirements for such permit are met, unless the city manager finds:

1. That the applicant has been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California: sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314.1, 314.2, 315, 316, 318, 653.22 or subdivisions (a), (b), and (d) of section 647 of the California Penal Code; any offense requiring registration under provisions of either section 290 of the California Penal Code or section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered.

The city manager shall issue a permit to any person convicted of any of the crimes described in subsection A of this section if (a) the person is otherwise qualified; and (b) the longer of the following time periods has passed:

i. Five years from date of the conviction;

ii. Five years from release from confinement;

iii. Five years from formal release from probation period; or

iv. Five years from formal release from parole.

2. That the applicant has knowingly made a material misrepresentation in the application.

3. That the applicant has had an escort permit denied or revoked for cause by this city or any other city or county within the last five years.

4. That the applicant is not at least 18 years of age.

5. That the applicant has not paid the required fee to the department of finance.

B. Notice of Decision. Such decision shall be in writing and mailed to the applicant, postage prepaid, within five days of the city manager's decision. (Ord. 2021-0016 § 7; Ord. 2001-040 § 7; prior code § 28.06.068)

A. The city manager shall act on an escort or figure model application within 90 days of the filing thereof, and shall issue the permit if all requirements for such permit are met, unless the city manager finds:

1. That the applicant has been convicted of any of the following offenses or convicted of an offense without the state of California that would have constituted any of the following offenses if committed within the state of California: sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 315, 316, 318 or subdivision (b) of section 647 of the California Penal Code; any offense requiring registration under provisions of either section 290 of the California Penal Code or section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered.

The city manager shall issue a permit to any person convicted of any of the crimes described in subsection A of this section if (i) the person is otherwise qualified; and (ii) the longer of the following time periods has passed:

a. Five years from date of the conviction;

b. Five years from release from confinement;

c. Five years from formal release from probation period; or

d. Five years from formal release from parole.

2. That the applicant has knowingly made a material misrepresentation in their application.

3. That the applicant has had an escort or figure model permit denied or revoked for cause by this city or any other city within the last five years.

4. That the applicant is not at least 18 years of age.

5. That the applicant has not paid the required fee to the department of finance.

B. Notice of Decision. Such decision shall be in writing and mailed to the applicant, postage prepaid, within five days of the city manager's decision. (Ord. 2021-0016 § 8; prior code § 28.06.069)

A. Adult-related Establishment Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of a permit for an adult-related establishment may within ten (10) days after the date of mailing of the decision to the applicant, appeal to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within ten (10) days, the decision of the city manager shall be final.

Such appeal shall be set for hearing by the council at a date not later than thirty (30) days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least ten (10) days prior to the date set for the hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.

B. Escort Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of any escort permit may, within 10 days after the date of mailing of the decision to the applicant, appeal such decision to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within 10 days, the decision of the city manager shall be final.

Such appeal shall be set for hearing by the council at a date not later than 30 days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least 10 days prior to the date set for hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.

C. Appointment of Hearing Examiner. The city council may employ the procedure specified in Section 1.24.050 et seq. of this code for the appointment of a hearing officer to hear and decide the appeal. The hearing officer's decision shall have the effect specified in Section 1.24.090 of this code, and judicial review shall be governed by Section 1.24.110 of this code. (Ord. 2021-0016 § 9; Ord. 2001-040 § 8; prior code § 28.06.070)

A. The term of an adult-related establishment permit shall expire on September 30th next following the issuance of the permit, unless sooner suspended or revoked. Fees for issuance of the permit shall not be prorated.

B. A permit which has not been suspended or revoked may be renewed for the period specified in subsection A of this section, on written application to the chief of police. The application shall be filed at least one hundred twenty (120) days but not more than one hundred fifty (150) days prior to the expiration date of the current valid permit. The applicant shall follow all the procedures and provide all of the information required by Section 5.04.030 of this chapter and verify the application according to Section 5.04.070 of this chapter. The chief of police and city manager shall process the application according to Sections 5.04.080 and 5.04.090 of this chapter. (Prior code § 28.06.072)

A. The term of an escort permit shall expire on September 30 next following the issuance of the permit, unless sooner suspended or revoked. Fees for the issuance of the permit shall not be prorated.

B. A permit that has not been suspended or revoked may be renewed for the period specified in subsection (A) above, on written application to the chief of police. The application shall be filed at least 90 days but not more than 120 days prior to the expiration date of the current valid permit. The applicant shall follow all of the procedures and provide all of the information required by section 5.04.060, and verify the application according to section 5.04.070. The chief of police and city manager shall process the application according to sections 5.04.080 and 5.04.090. (Ord. 2021-0016 § 10; Ord. 2001-040 § 9; prior code § 28.06.073)

No person granted a permit for an adult-related establishment shall operate under any name or conduct business at any location not specified in the permit. (Prior code § 28.06.074)

A. Any permit issued for an adult-related establishment may be revoked or suspended by the city manager, after a hearing, in any case where any of the provisions of this chapter are violated, when the permittee, operator, or any employee of the permittee or operator, including an escort or figure model, has engaged in conduct which violates any state law or city ordinance at the adult-related establishment and the operator or permittee knew or, with the exercise of reasonable diligence should have known of such violations at the time they occurred, or in any case, where the operator refuses to permit any duly authorized city police officer or health inspector of the county to inspect the premises or the operations therein during the hours such premises are open for business. Such permit may also be revoked or suspended after hearing when such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation and hygiene.

B. The city manager shall hold a public hearing prior to the revocation or suspension of any permit under subsection A of this section. The permittee shall be given at least ten (10) days notice in writing of such hearing, which notice shall contain a brief statement of the grounds to be relied upon for suspending or revoking the permit.

C. The decision of the city manager shall be in writing and shall be mailed postage prepaid to the permittee. (Ord. 2021-0016 § 12; prior code § 28.06.076)

After following the procedure in section 5.04.160.B, the city manager may revoke or suspend an escort permit for conviction of any of the crimes specified in section 5.04.100. The decision of the city manager shall be in writing and shall be mailed postage prepaid to the escort. (Ord. 2021-0016 § 13; Ord. 2001-040 § 10; prior code § 28.06.077)

Any permittee aggrieved by the decision of the city manager in suspending or revoking a permit may, within 10 days after the date such decision is mailed to the permittee, appeal to the council by filing a written notice thereof with the city clerk. During the pendency of the appeal to the council, the permit shall remain in effect. If such appeal is not taken within 10 days, the decision of the city manager shall be final. The appeal shall be noticed, set for hearing, heard and determined in the manner prescribed in section 5.04.110. (Ord. 2021-0016 § 14; Ord. 2001-040 § 11; prior code § 28.06.078)

Judicial review of any final decision under Sections 5.04.110 or 5.04.180 of this chapter may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure. Any such petition shall be filed within the time limits prescribed in Code of Civil Procedure Section 1094.6 and notice of such time limit shall be given to the appellant by the city clerk. (Prior code § 28.06.079)

A list of the services available and the cost 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 accordance with this section. (Prior code § 28.06.080)

A. The operator of an escort service shall maintain a register of all persons employed as escorts and their permit numbers.

B. The operator of an adult-related establishment, other than an escort service, shall maintain a register of all persons employed on the premises, the title of the position of each employee, and the number of any permit that is required by this chapter.

C. The register required by this section shall be available for inspection at all times during regular business hours. (Ord. 2021-0016 § 15; Ord. 2001-040 § 12; prior code § 28.06.081)

A. The chief of police shall provide each permitted escort an identification card containing the name, photograph, and permit number of the escort.

B. An escort shall carry the identification card at all times while providing escort services. (Ord. 2021-0016 § 16; Ord. 2001-040 § 13; prior code § 28.06.082)

It is unlawful for any permittee, operator or other person in charge of any adult-related establishment to employ any person who is not at least eighteen (18) years of age. (Prior code § 28.06.083)

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 department. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the health department. All walls, ceilings, floors and other physical facilities must be in good repair and maintained in a clean and sanitary condition. (Prior code § 28.06.085)

Every permitted adult-related establishment shall display its permit in a conspicuous place within the adult-related establishment so that it is readily seen by persons entering the premises. (Ord. 2021-0016 § 18; prior code § 28.06.086)

Nothing in this chapter relieves the owner of any adult-related establishment or escort from paying the applicable business operations tax pursuant to chapter 3.08. The issuance of a business tax certificate does not authorize conducting an adult-related establishment or acting as an escort. (Ord. 2021-0016 § 19; Ord. 2001-040 § 14; prior code § 28.06.087)

A. Upon sale, transfer or relocation of an adult-related establishment, the permit therefor shall be void unless permission to transfer is first obtained pursuant to this section. Provided, however, that upon the death or incapacity of the permittee, the establishment may continue in business for a reasonable period of time to allow for an orderly transfer of the permit pursuant to this section.

No adult-related establishment permit shall be transferable as to location or person, except with the written consent of the city manager. An application for such a transfer shall be in writing and contain the same information as required herein for initial application for such a permit. Prior to submitting the application to the chief of police, the applicant shall pay a nonrefundable fee, established by resolution of the city council, to the department of finance. The department of finance shall issue a receipt to the applicant showing that such permit application fee has been paid. The applicant shall provide the chief of police with the receipt or a copy thereof at the time of applying for a transfer under this section.

B. Escort permits are not transferable. (Ord. 2021-0016 § 20; Ord. 2001-040 § 15; prior code § 28.06.088)

A. No permittee or operator of an escort service shall allow a person to act as an escort unless the person possesses a valid escort permit under the provisions of this chapter. It is the responsibility of the permittee and the operator to ensure that each person employed as an escort has a valid escort permit.

B. No permittee or operator of an adult-related establishment shall employ at an adult-related establishment any person who has been convicted of an offense specified in section 5.04.090.A.1, where the offense occurred at the adult-related establishment or any adult-related establishment owned, controlled or operated by the permittee or operator. (Ord. 2021-0016 § 21; Ord. 2001-040 § 16; prior code § 28.06.089)

No adult-related establishment shall operate or remain open for business between the hours of ten p.m. and eight a.m. of the following day.

An applicant for an establishment permit of an establishment permittee may apply in writing to the chief of police for an exemption from the hours of operation specified by this section. The application shall state the name and address of the establishment and of the applicant or permittee; the proposed hours of operation; and a detailed statement of all facts, circumstances and reasons for the proposed exemption.

Within fifteen (15) days of receipt of the exemption application, the chief of police shall forward the application to the city manager, together with a recommendation as to whether the application should be granted, in whole or in part, or should be denied. The chief of police may also make recommendations as to the imposition of reasonable conditions should the application be granted.

The city manager shall act upon the exemption application within fifteen (15) days of its receipt from the chief of police. The city manager shall grant the application, in whole or in part, if the applicant presents sufficient evidence to support findings that the prescribed hours of operation will cause or have caused the applicant financial hardship, and that exemption of the applicant from the prescribed hours will not endanger the public peace, health, safety or general welfare. The city manager shall not grant the exemption application, in whole or in part, if the establishment is or has become a public nuisance, or if granting the exemption to the specific establishment will endanger the public peace, health, safety or general welfare, or if facts exist which would justify the denial or revocation of a permit under this chapter. In determining whether to grant or deny the exemption application, the city manager shall have the authority to grant the application in part by specifying hours different than those requested, and shall additionally have the authority to grant the application with reasonable conditions related to the public peace, health, safety or general welfare. The decision of the city manager shall within five days be mailed to the applicant or permittee.

Any applicant or permittee aggrieved by the decision of the city manager relating to the granting or denial of the exemption application may, within ten (10) days after the date of mailing of the decision of the city manager appeal to the city manager by the filing of a written notice thereof with the city clerk. If such appeal is not filed within ten (10) days, the decision of the city manager shall be final. The appeal shall be heard utilizing the procedures specified in Section 5.04.110(A) of this chapter. (Prior code § 28.06.090)

This chapter shall not apply to:

A. Hospitals, nursing homes, and other state-licensed health care facilities or their employees while working in the employing facility.

B. Persons holding a valid license to practice the healing arts under the laws of the state, or persons working on the business premises of, and under the direct supervision of, a person holding a valid license to practice the healing arts under the laws of the state.

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

D. Persons employed by an athletic facility which offers massage therapy as an incidental or accessory service and who provide massage therapy services only at the athletic facility.

E. Certified massage practitioners, as defined in chapter 5.124, who comply with all requirements and restrictions of chapter 5.124. (Ord. 2021-0016 § 24; Ord. 98-020 § 2; prior code § 28.06.093)

In addition to the remedy of revocation of any permit issued under this chapter, any person, firm or corporation violating the provisions of this chapter is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for a period not to exceed six months, or both such fine and imprisonment. (Prior code § 28.06.094)