Chapter 121 — ADULT-ORIENTED BUSINESSES

For the purpose of this chapter, unless the context clearly indicates otherwise, the words, terms, and phrases shall have the following meanings: ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ADULT BOOKSTORE or ADULT VIDEO STORE. Any establishment which, as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. ADULT CABARET. A nightclub, bar, lounge, restaurant or similar establishment which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, or other photographic reproductions or visual representations, which are characterized by an emphasis on the exposure, depiction or description of specified sexual activities or specified anatomical parts. ADULT HOTEL/MOTEL. A hotel or motel which: (1) Features as a regular and substantial course of conduct provides to its patrons through television, cable or satellite transmissions, films, motion pictures, video cassettes, slides, photographic reproductions or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; and (2) Rents, leases or lets any room for less than a six hour period or more than once in a 24-hour period. ADULT MOTEL STUDIO. Any premise where there is furnished, provided or procured a figure model or models who pose for the purpose of being observed, viewed, sketched, painted, drawn, sculptured, photographed, filmed, video-taped, or similarly depicted by any person who pays a consideration or gratuity in any form for the right or opportunity to so depict or observe the figure model. ADULT MODEL STUDIO shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Cal. Educ. Code §§ 94300 et seq. ADULT MOTION PICTURE THEATER. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

EATER.**_ An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT-ORIENTED BUSINESS. Any establishment which as a regular or substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult hotel/motel, or any other business establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. ADULT-ORIENTED BUSINESS does not include those uses or activities, the regulation of which is preempted by state law. ADULT-ORIENTED BUSINESS shall also include any establishment which, as a regular or substantial course of conduct, provides or allows performers, models, actors, actresses, or employees to appear in any place in lingerie or similar attire which does not opaquely cover specified anatomical parts. ADULT THEATER. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. CLASS 2 LICENSE. A license issued by the City Council for the operation of an adult-oriented business. INDIVIDUAL VIEWING AREA. Any area designed for occupancy of one person for the purpose of viewing performances, pictures, movies, videos or other presentations. LICENSEE. The person or entity to whom a Class 2 license is issued. PERSON. Person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT. A person who:

(1) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been convicted of any misdemeanor or felony offense which relates directly to the operation of an adult-oriented business;

(2) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been found to be maintaining a nuisance in connection with an adult-oriented business or has been subject to an injunction against the conducting or maintaining of a nuisance under any applicable laws, including Cal. Penal Code §§ 11225 et seq.;

two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been found to be maintaining a nuisance in connection with an adult-oriented business or has been subject to an injunction against the conducting or maintaining of a nuisance under any applicable laws, including Cal. Penal Code §§ 11225 et seq.;

(3) Within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to § 121.13, has been convicted of any offense or has been released from custody for an offense which is classified as an offense involving sexual crimes against children, sexual battery or abuse, rape, distribution of material harmful to minors, prostitution, pandering or lewd conduct, including, but not necessarily limited to, the violation of any crime requiring registration under Cal. Penal Code § 290. QUALIFYING INTEREST. If the applicant is a corporation, each officer, director, and stockholder owning a minimum of 10% of the stock of the corporation; if the applicant is a partnership, each partner, including limited partners; if the applicant is some other form of business enterprise, all individuals owning a minimum of a 10% ownership interest therein.

REGULAR AND SUBSTANTIAL COURSE OF CONDUCT and REGULAR AND SUBSTANTIAL PORTION OF ITS BUSINESS. Any adult-oriented business where one or more of the following conditions exist:

(1) The area(s) devoted to the display of sexually oriented material or merchandise exceeds 15% of the total display area of the business. This section shall not apply to any video store or bookstore which physically separates sexually oriented material from non-sexually oriented material and does not advertise such sexually oriented material; or (2) The business presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie, on any four or more separate days within any 12 month period; or

(3) At least 25% of the annual gross receipts (as defined by § 110.30) of the business are derived from the sale, trade, rental, display or presentation of services, products, sexually oriented material or merchandise, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. This section shall not apply to any video store or bookstore which physically separates sexually oriented material from non-sexually oriented material and does not advertise such sexually oriented material.

RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities;

SCHOOL. Any child care facility, day care facility or a public or private institution of learning for minors, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

SEXUALLY-ORIENTED MATERIAL. Any element of sexually-oriented merchandise, or any books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

SEXUALLY-ORIENTED MERCHANDISE. Sexually-oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similarly sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

SPECIFIED ANATOMICAL PARTS shall mean:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

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

SPECIFIED SEXUAL ACTIVITIES shall mean:

• (1) Actual or simulated sex acts including intercourse, oral copulation, anal intercourse, oral or anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy, or zooerastia; or

(2) Masturbation, actual or simulated; or

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

• (4) Masochism, erotic or sexually-oriented torture, beating or the infliction of pain; or

• (5) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or

• (6) Human excretion, urination, menstruation, vaginal or anal irrigation; or

• (7) Striptease, or the removal of clothing; or

(8) The wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where specified anatomical areas are exposed. ('65 Code, §§ 5-31.01, 9-3.3001) (Ord. 433-C.S., passed 9-6-94)

It shall be unlawful for any person to conduct or permit to be conducted an adult-oriented business without first obtaining a Class 2 license from the City Council. In addition to each Class 2 license that is required, an adult-oriented business is also required to obtain an adult-oriented use permit in accordance with §§ 121.30 through 121.37 and a business license in accordance with Chapter 110 of this code.

('65 Code, § 5-31.02) (Ord. 433-C.S., passed 9-6-94)

No Class 2 License shall be sold, transferred, or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. For purposes of this section, an acquisition by any person, group, partnership or other entity of at least 10% of the adult-oriented business shall be considered a sale, transfer or assignment.

('65 Code, § 5-31.03) (Ord. 433-C.S., passed 9-6-94)

Applicants for a Class 2 license or a renewal thereof shall file a written application, signed under penalty of perjury, on a form provided by the Police Department. Said application or renewal form shall be accompanied by a fee in an amount to be determined by resolution of the City Council. The information requested in items (A), (C), (F) and (G) as to the applicant shall be supplied for all individuals with a qualifying interest as well as for the person(s) having management or supervision of the adult-oriented business. The application shall contain the information specified below:

• (A) The name and birthdate of the applicant; if the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation;

• (B) The location and assessor's parcel number at which the business is to be conducted;

• (C) The residence address of the applicant;

• (D) A detailed description of the type of adult-oriented business to be conducted, including the number of persons engaged in the business;

• (E) The name(s) and birthdate(s) of the person(s) having the management or supervision responsibility of applicant's business;

(F) Whether the applicant is a person who has engaged in disqualifying conduct as defined in § 121.01 above and if so, the dates and details relating to the disqualifying conduct;

(G) Whether the applicant holds or has previously held any other permits, licenses, or entitlements for an adult-oriented business from another city or county, and if so the names and locations of such businesses and whether such permit, license or entitlement is still in effect or has been suspended, revoked, or abandoned. ('65 Code, § 5-31.04) (Ord. 433-C.S., passed 9-6-94)

Upon receipt of an application properly filed, the Police Department shall immediately thereafter send photocopies of the application to any other city departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed adult-oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within 25 days of receipt of the application by the Police Department. At the conclusion of its investigation, each department or agency shall forward its recommendation on the application to the Police Department, and in the event of disapproval, state the reasons therefor.

('65 Code, § 5-31.05) (Ord. 433-C.S., passed 9-6-94)

Based on its own investigation and that of the other departments or agencies responsible for enforcement of health, fire and building codes and laws, the Police Chief shall make a final recommendation to the City Council as to whether said application should be approved, conditionally approved or denied.

('65 Code, § 5-31.06) (Ord. 433-C.S., passed 9-6-94)

(A) The City Council shall hold a hearing on the Class 2 license application within 45 days of the city's receipt of a complete application. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant.

(B) At the hearing, the applicant and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the City Council's determination.

(C) Within 10 calendar days of the conclusion of its hearing, the City Council shall approve, conditionally approve, or deny the issuance of the Class 2 License based upon the requirements contained in this chapter. Conditions may only be imposed to ensure compliance with the requirements contained in this chapter.

(D) The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within three working days of the date of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action challenging the decision must be commenced within 90 days after the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.

(E) Notices shall be provided to the applicant by personal service or by registered mail, return receipt requested and postage prepaid. ('65 Code, § 5-31.07) (Ord. 433-C.S., passed 9-6-94)

The City Council shall grant a Class 2 license to the applicant unless it finds at least one of the following conditions present:

(A) That an applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a Class 2 license;

(B) That an applicant is a person who has engaged in disqualifying conduct as defined in § 121.01;

(C) That an adult-oriented business permit has been denied for the proposed use at the proposed location;

(D) That an applicant is under 18 years of age.

('65 Code, § 5-31.08) (Ord. 433-C.S., passed 9-6-94)

An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Community Development Department, or other city departments or agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult-oriented 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 opened for business.

('65 Code, § 5-31.09) (Ord. 433-C.S., passed 9-6-94)

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 121.04. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license shall not be affected. ('65 Code, § 5-31.10) (Ord. 433-C.S., passed 9-6-94)

An adult-oriented business which is granted a Class 2 license shall adhere to the following operating conditions:

(A) A manager(s) or other responsible individual must be present at all times the business is operating.

(B) No person may be employed by the adult-oriented business if within the last two years that individual is a person who has engaged in disqualifying conduct as defined in § 121.01.

(C) No adult-oriented business may be used for the purpose of conducting a private club during such hours as the business is not open to the public. ('65 Code, § 5-31.11) (Ord. 433-C.S., passed 9-6-94)

Licensees shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Police Department, shall be grounds for revocation of the license.

('65 Code, § 5-31.12) (Ord. 433-C.S., passed 9-6-94)

A Class 2 license shall be revoked or a renewal application shall be denied if any of the following exist:

(A) Any ground exists which would have constituted grounds for denial of the original application under § 121.08;

(B) The adult-oriented business has not been operated in accordance with the requirements of § 121.11;

(C) If, on one or more occasions within a 12 month period, a person or persons has (have) been convicted of a felony or misdemeanor offense, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the adult-oriented business is located, and the person or persons were employees or agents of the adult-oriented business at the time the offenses were committed;

(D) If the licensee or any employee of the licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises;

(E) The adult-oriented business has been operated in violation of any of the requirements of this chapter and, if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the licensee, or if the violation is of a noncontinuous nature two or more additional violations of the same provision, or four or more violations of any other of the provisions of this chapter occur within any 12 month period;

(F) That the adult-oriented business has employed minors;

(G) That the adult-oriented business permit for the use has been suspended or revoked.

('65 Code, § 5-31.13) (Ord. 433-C.S., passed 9-6-94)

(A) Revocation notice. Upon determining that the grounds for permit revocation exist, the Police Chief shall furnish written notice of the revocation to the licensee. Such notice shall summarize the principal reasons for the revocation, and shall state that the Licensee may file an appeal of the Police Chief's decision with the City Clerk within 20 calendar days after the date of the notice. Absent a timely appeal, the revocation by the Police Chief is final. A timely decision shall stay the revocation pending final decision by the City Council.

(B) Appeal. Upon receipt of a written appeal and an appeal fee set in an amount to be determined by the City Council, the City Clerk shall schedule a hearing on the appeal to be heard before the City Council within 30 calendar days of receipt of such request.

(C) Hearing. At the hearing, the licensee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Council's determination shall be based on the same factors as specified in § 121.13 above. The City Council shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the City Council's determination. Within 10 calendar days of the conclusion of the hearing, the City Council shall rule on the appeal and set forth its decision in writing, along with the reasons therefor. The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within three workings days of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action to challenge the decision must be commenced within 90 days following the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.

(D) Notices. Notices shall be provided by personal service or by registered mail, return receipt requested and postage prepaid.

('65 Code, § 5-31.14) (Ord. 433-C.S., passed 9-6-94)

If a Class 2 license has been revoked or denied, the applicant or any other person who is required to submit information in connection therewith may not be issued a new Class 2 license for a minimum period of two years from the date of revocation or denial, unless the City Council finds that the basis for such revocation or denial has been corrected. ('65 Code, § 5-31.15) (Ord. 433-C.S., passed 9-6-94)

The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult-oriented businesses as adopted by the City Council.

('65 Code, § 5-31.16) (Ord. 433-C.S., passed 9-6-94)

In addition to the penalties set forth at § 121.99(A), any adult-oriented business which is operating in violation of this subchapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

('65 Code, § 5-31.18) (Ord. 433-C.S., passed 9-6-94)

BUSINESS PERMITS

No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains an adult-oriented business permit, a Class 2 entertainment license and a business license from the city.

('65 Code, § 9-3.3002) (Ord. 433-C.S., passed 9-6-94)

(A) Applicants for an adult-oriented business permit shall file a written application on a form supplied by the Community Development Department, signed by the property owner or authorized representative under penalty of perjury. Said application form shall be accompanied by a non-refundable fee in an amount set by resolution of the City Council. The applicant shall submit mailing labels for all real property owners within a 300 foot radius of the real property boundaries on which the adult-oriented business it to be located. Said mailing labels shall be as shown on the latest equalized assessment roll or as shown on more recent records of the county assessor or tax collector.

(B) The application shall contain the information specified below:

• (1) The name(s) and mailing addresses of the property owner(s) and proposed business operator(s);

(2) The property location, including assessor's parcel number;

(3) The name and nature of the business and activities proposed to be conducted on the property;

(4) The proposed hours of operation;

(5) The form(s) of security proposed;

• (6) The manner of enforcing age restrictions;

(7) A detail floor plan showing the location of all walls and partitions, including the height and the material of construction;

(8) The location of all doors and windows, including sizes, materials, and coverings if any;

(9) All exterior elevations, including colors, signage and any other appurtenances; and

(10) All other information required to provide an explanation as to how the proposed project will comply with the requirements contained in § 121.33. ('65 Code, § 9-3.3003) (Ord. 433-C.S., passed 9-6-94)

The Planning Commission and City Council shall hold public hearings on the adult-oriented business permit application.

(A) The matter shall be noticed for public hearings as required by Cal. Gov't Code § 65091.

(B) At the hearings, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the Planning Commission's recommendation or the City Council's determination.

(C) The Planning Commission shall hold at least one duly noticed public hearing within 45 days from the date on which a completed application is submitted and accepted by the Community Development Department and shall make a recommendation that the City Council approve, approve with conditions, or deny the adult-oriented business permit application based on the requirements contained in § 121.33. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant. (D) Within 30 days of the recommendation being made by the Planning Commission, the City Council shall hold at least one duly noticed public hearing. This time period may not be extended and the hearing may not be continued without the written authorization of the applicant.

(E) Within 20 calendar days of the conclusion of its hearing, the City Council shall adopt a resolution approving, conditionally approving, or denying the issuance of the adultoriented business permit based upon the requirements contained in § 121.33. For the purposes of this chapter, conditions may only be imposed to ensure compliance with the requirements contained in § 121.33.

(F) The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within five working days of the date of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action challenging the decision must be commenced within 90 days after the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.

(G) Notices shall be provided to the applicant by personal service or by registered mail, return receipt requested. ('65 Code, § 9-3.3004) (Ord. 433-C.S., passed 9-6-94)

The City Council shall issue an adult-oriented business permit if the following requirements are met: (A) The adult-oriented business shall be located in the M-1 zone.

(B) The adult-oriented business shall not be located within 150 feet of any residential zone (R-1, R-1A, R-2, R-3) or any actual residential use approved by the city. (C) The adult-oriented business shall not be located within 300 feet of any lot upon which there is properly located a religious institution, public park, or school. (D) The adult-oriented business shall comply with all applicable development and design standards for the M-1 Zone. However, if the adult-oriented business is the sole use on a lot, no landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary. (E) The adult-oriented business shall comply with the city's sign regulations.

(F) The adult-oriented business shall not be located in any portable or mobile structure or pushcart.

(G) The adult-oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use. (H) The adult-oriented business shall not conduct any massage, acupuncture, tattooing, acupressure, fortune telling or escort services on the premise nor shall any such business be conducted from the same premise as the adult-oriented business. (I) The adult-oriented business shall provide a security system that visually records and monitors all parking lot areas. Recordings made pursuant to this requirement shall be required to be maintained for a minimum of a 14 day period. (J) All indoor areas of the adult-oriented business which are accessible to the public shall be open to public view at all times, with the exception of restroom facilities. “Accessible to the public” shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. (K) The adult-oriented business shall not display any sexually-oriented material of sexually-oriented merchandise which would be visible from any location other than from within the adult-oriented business. (L) The adult-oriented business shall not allow admittance of any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served and shall be posted accordingly at the entrance to the adult-oriented business. (M) The adult-oriented business shall not operate between the hours of 2:00 a.m. and 7:00 a.m. (N) The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult-oriented business which deals exclusively with sale or rental of adult-oriented material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public. (O) All areas of the adult-oriented business shall be illuminated at a minimum of 15 foot-candle, minimally maintained and evenly distributed at ground level. However, such lighting shall not be installed so as to prevent the viewing of adult material in an individual viewing area or in an adult arcade or theater. (P) No solicitation of trade may be made at or near the entrance to the adult-oriented business by any means other than signage which complies with the city's sign regulations. (Q) All required permits and licenses shall be conspicuously posted at a location where they may be observed by any member of the public. (R) Any adult-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements: (1) At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Police Department and Code Enforcement Officer of any violations of law observed. Any security guard required by this division shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. No security guard required pursuant to this division shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder; (2) 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; and (3) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. (S) The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s) or any adult-oriented business which has at least one individual viewing area: (1) The application for the adult-oriented business permit shall be accompanied by a diagram of the premises showing a plan specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. Each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult-oriented business to an accuracy of plus or minus six inches;

's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. Each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult-oriented business to an accuracy of plus or minus six inches;

(2) At least one employee is on duty and situated at each manager's station at all times that any patron is present;

(3) The interior shall be configured in such a manner so that there is an unobstructed view from a manager's station of every area to which any patron is permitted access for any purpose, excluding restrooms. If two or more manager's stations are designated, then the interior shall be configured in such a manner that there is an unobstructed view of each area to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this division must be by direct line of sight from the manager's station. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the Community Development Director;

(4) All individual viewing areas within the adult-oriented business shall be visible from a continuous and visually accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the individual viewing area are visible at all times in order to enforce all rules and regulations;

(5) No individual viewing area may be occupied by more than one person at any one time; and

(6) Individual viewing areas shall be operated and maintained without any hole or other opening or other means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

(T) The following additional requirements shall pertain to adult-oriented 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-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six 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-oriented business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business;

(2) Separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use;

(3) An entrance/exit shall be provided for entertainers which is separate from the entrance/exit used by patrons;

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

(5) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer; and

(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this division. ('65 Code, § 9-3.3005) (Ord. 433-C.S., passed 9-6-94) Penalty, see § 121.99

(A) The distance between an adult-oriented business and the uses listed in § 121.33(A) and (B) above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the parcel on which the adult-oriented business is located to the nearest property line of such uses.

(B) Once an adult-oriented business lawfully obtains an adult-oriented business permit to locate in the M-1 zone, the subsequent establishment of any use listed in § 121.33(A) or (B) above within the restricted distances shall not render the adult-oriented business non-conforming. ('65 Code, § 9-3.3006) (Ord. 433-C.S., passed 9-6-94)

The permittee shall permit officers of the city, Los Angeles County, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adultoriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or occupied. ('65 Code, § 9-3.3007) (Ord. 433-C.S., passed 9-6-94)

(A) Revocation grounds. The Director of Community Development shall revoke an adult-oriented business permit when he or she discovers that any of the following have occurred: (1) The adult-oriented business has been operated in violation of any of the requirements of this chapter, or if the violation is of a noncontinuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the permittee, or if the violation is of a noncontinuous nature two or more additional violations of the same provision, or four or more violations of any other of the provisions of this chapter occur within any 12 month period; or

(2) The application is found to contain incorrect, false or misleading information; or

(3) A court of competent jurisdiction has found the adult-oriented business to constitute a public nuisance.

(B) Revocation notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the revocation to the permittee. Such notice shall summarize the principal reasons for the revocation, and shall state that the permittee may file an appeal of the Director's decision with the City Clerk within 20 calendar days after the date of the notice. Absent a timely appeal, the revocation by the Director of Community Development is final. A timely appeal shall stay the revocation pending final decision by the City Council.

(C) Appeal. Upon receipt of a written appeal and an appeal fee set in an amount to be determined by the City Council, the City Clerk shall schedule a public hearing on the appeal to be heard before the City Council within 30 calendar days of receipt of such request. Notice of the appeal hearing shall be provided as required by Cal. Gov't Code § 65091 and to any other interested party who has requested such notice.

(D) Hearing. At the hearing, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Council's determination shall be based on the same factors as specified in § 121.35 above. The City Council shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the City Council's determination. Within 10 calendar days of the conclusion of the hearing, the City Council shall rule on the appeal and set forth its decision in writing, along with the reasons therefor. The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within three working days of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action to challenge the decision must be commenced within 90 days following the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.

ll be provided with written notification of the City Council's decision and the reasons therefor within three working days of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action to challenge the decision must be commenced within 90 days following the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.

(E) Notices. Notices shall be delivered by personal service or sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appear on the permit. In addition, the notice of revocation shall be posted at the location of the adult-oriented business. ('65 Code, § 9-3.3008) (Ord. 433-C.S., passed 9-6-94)

If an adult-oriented business permit is revoked, no adult-oriented business permit shall be issued for the same location for a period of two years. ('65 Code, § 9-3.3009) (Ord. 433-C.S., passed 9-6-94)

(A) Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of §§ 121.01 through 121.17 shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of §§ 121.01 through 121.17 shall constitute a separate offense for each and every day during which such violation is committed or continued. ('65 Code, § 5-31.17)

(B) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult-oriented business, or who violates any provisions of §§ 121.30 through 121.37, including but not limited to any provision of § 121.33, shall be guilty of a misdemeanor and shall be fined not more than $1,000 for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.

(C) Any establishment operated, conducted or maintained contrary to the provisions of §§ 121.30 through 121.37 is unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, 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 court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to provisions of §§ 121.30 through 121.37. ('65 Code, § 9-3.3001)

(Ord. 433-C.S., passed 9-6-94)