Chapter 6.80

PEEP SHOW ESTABLISHMENTS

Sections:

Sections:

For purposes of this chapter, the following phrases shall have the following meanings:

• A. "Spray paint containers" means any container, regardless of the material from which it is made, that is made for or adapted to the purpose of spraying paint or any other solution capable of defacing property which cannot be removed with water after it dries.

• B. "Marker pens" means any indelible marker or similar implement with a writing tip exceeding four millimeters in width that contains a solution which cannot be removed with water after it dries.

• (Ord. 24348.)

• 6.80.020 Permit - Required.

• 6.80.030 Permit - Application - Information and fee required.

• 6.80.040 Inspection of establishment - Prerequisite to issuance.

• 6.80.050 Permit - Denial - Denial notification.

• 6.80.060 Permit - Term.

• 6.80.070 Permit - No automatic renewal.

• 6.80.080 Permit - Suspension or revocation conditions - Notice.

• 6.80.090 Appeal from action of chief of police.

• 6.80.100 Devices - Number permitted - Per establishment.

• 6.80.110 Devices - Number permitted - Per fifteen square feet.

• 6.80.120 Premises - Doorway requirements.

• A. It shall be unlawful for any person who owns, conducts, operates or manages a commercial, retail or wholesale establishment where spray paint containers or marker pens are sold to store or display, or cause to be stored or displayed, such spray paint containers and marker pens in an area that is accessible to the public without employee assistance in the regular course of business pending legal sale or other disposition.

• B. Nothing herein shall preclude the storage or display of spray paint containers and marker pens in an area viewable by the public so long as such items are not accessible to the public without employee assistance.

• (Ord. 24348.)

• 6.80.130 Patron view of doorway required.

• 6.80.140 Police regulations authorized.

• 6.80.150 Premises - Maximum occupancy per fifteen square feet.

• 6.80.160 Premises - Wall partition construction.

• 6.80.170 Aisle width.

• 6.80.180 Lighting.

• 6.80.190 Lighted exit signs required.

• A. "Peep show device" means any device in which filmed or electronically recorded or produced images are projected or produced and are intended to be viewed by five or fewer persons per machine at any one time.

T6:159

SAN JOSÉ CODE

§ 6.80.010

• B. "Peep show establishment" means any place open to the public in which a peep show device may be used by a member of the public.

• C. "Chief of police" means the chief of police of the San José police department or any person authorized by the city manager or chief of police to act on his behalf.

• D. "Fire marshal" means the chief of fire department of the San José fire department or any person authorized by the city manager or fire marshal to act on his behalf.

• E. "Person" means a corporation, partnership or individual.

(Prior code §§ 3105.1, 9.32.010; Ord. 21190.)

No person shall operate a peep show establishment in the City of San José without first obtaining a permit from the chief of police in conformity with the provisions of this Code.

(Prior code §§ 3105.2, 9.32.020; Ord. 21190.)

Every person intending to operate a peep show establishment in the city shall make a written application for a peep show establishment permit on a form to be provided by the chief of police. Said application shall be signed by the owner of the peep show establishment for which the application is sought.

The application shall be accompanied by a nonrefundable application fee set forth in the schedule of fees established by resolution of the council. Said fee shall be made payable to the City of San José.

(Prior code §§ 3105.3, 9.32.030; Ords. 21190, 21285.)

• A. The chief of police shall investigate the moral character of the applicant before granting a permit under this chapter. The fire marshal, upon payment of an inspection fee, as set forth in the schedule of fees established by resolu-

tion of council, shall inspect the safety of the premises and the safety of the peep show devices thereon. If the fire marshal finds that the premises meet the requirement of Chapters 17.12 and 17.16 of this Code, and if the chief of police finds that there is no cause for denial of the permit under subsections A.1., 3., or 4. of Section 6.80.050, the chief of police shall then issue a peep show establishment permit for the number of peep show devices applied for or such lesser number as he or she shall reasonably find is the maximum number which may be kept or maintained at such establishment in compliance with the provisions of this chapter.

• B. The chief of police shall either issue or deny a permit under this chapter within thirty days after the applicant has fully complied with the provisions of Section 6.80.030.

(Prior code §§ 3105.4, 9.32.040; Ords. 21190, 21285, 24228.)

• A. The application may be denied by the chief of police if:

  1. The applicant is not of good moral character;

  2. The premises for which such permit is sought violates any building, zoning, health, safety, fire, police or other provisions of this Code, or any law of the state;

  3. The applicant has been convicted of a felony within the past three years, if the felony is substantially related to the qualifications, functions or duties of the peep show establishment owner; or

  4. The applicant has knowingly made a false statement of fact required to be revealed in the application.

• B. In all cases where a permit is denied, the chief of police shall notify the applicant in writing of the grounds for denial, and said applicant

T6:160

BUSINESS LICENSES AND REGULATIONS

§ 6.80.130

shall have the right to appeal from the denial in accordance with Sections 6.02.140 through 6.02.190.

(Ord. 21190.)

Each such permit shall be for a term to expire automatically twenty-four months from the date of issuance, and shall not be transferable to any other person or premises.

(Prior code §§ 3105.5, 9.32.050; Ord. 21190.)

No renewal or extension of any peep show establishment permit shall be issued except pursuant to the filing of a new application, payment of the appropriate fee and inspection made by chief of police and fire marshal pursuant to the requirements of this chapter.

(Prior code §§ 3105.6, 9.32.060; Ord. 21190.)

The chief of police may revoke or suspend any peep show establishment permit in accordance with Sections 6.02.140 and 6.02.150 if any condition at the said establishment shall be found, upon inspection by the police department or fire department, to violate any requirement of law, or any provision of this chapter, or if the chief of police or fire marshal, after reasonable request therefor, is denied the right to inspect the premises by the operator, manager or owner of any peep show establishment. Such revocation or suspension shall be effective upon mailing notice of such action to the applicant or upon personal service of notice on the applicant, holder, owner or the manager of the establishment. (Prior code §§ 3105.8, 9.32.070; Ord. 21190.)

If the chief of police gives notice of revocation, suspension or denial of a peep show establishment permit, the holder, owner or applicant may appeal such action in accordance with Section 6.02.190. If no appeal is taken in the manner so

prescribed, the action of the chief of police shall become final, and no application for a peep show establishment permit for such premises shall be accepted by the chief of police until one year after the date when said action by the chief of police becomes final.

(Prior code §§ 3105.9, 9.32.080; Ord. 21190.)

No person shall operate or maintain any peep show establishment with more peep show devices than the number permitted by the peep show establishment permit issued by the chief of police. (Prior code §§ 3105.7, 9.32.100; Ord. 21190.)

No person shall operate a peep show establishment in which the number of peep show devices located in any room exceeds one peep show device per fifteen square feet. The maximum number of peep show devices permitted in a peep show establishment shall be conspicuously posted by the operator and shall remain posted at the entrance to said room.

(Prior code §§ 3105.18, 9.32.110; Ord. 21190.)

No person shall operate a peep show establishment unless there are no fewer than two doorways of a width of not less than thirty-six inches, which provide egress from such establishment, unless the fire marshal determines that one such doorway shall be sufficient. Such doors shall swing in the direction of egress, and shall not be provided with any latch or lock other than panic hardware. (Prior code §§ 3105.13, 9.32.120; Ord. 21190.)

No person shall operate or maintain a peep show establishment unless the entire interior of such premises wherein the pictures are viewed is

T6:161

SAN JOSÉ CODE

§ 6.80.130

visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

(Prior code §§ 3105.15, 9.32.130; Ord. 21190.)

The chief of police is authorized to promulgate reasonable rules regulating the conduct of peep show establishments. Such rules and amendments thereto shall be effective upon the same being placed on file in the office of the city clerk and approved by the city council. Issuance of any peep show establishment permit described in this chapter shall be conditioned on the observance of each rule and regulation, and violation of any such rules or regulations shall be grounds for the suspension or revocation of any permit issued pursuant to this chapter.

(Ord. 21190.)

No person shall operate a peep show establishment in which the number of persons in any room where a peep show device is located exceeds one person per fifteen square feet. The maximum number of persons permitted in any room in which a peep show device is located shall be conspicuously posted by the permit holder and shall remain posted, at the entrance to said room.

(Prior code §§ 3105.17, 9.32.140; Ord. 21190.)

No person shall operate a peep show establishment unless all walls or partitions which are maintained or arranged so as to create a room in which any peep show device is kept are constructed of not less than one-hour fire-resistant material.

(Prior code §§ 3105.11, 9.32.150; Ord. 21190.)

No person shall operate a peep show establishment unless a light level of no less than ten footcandles, at floor level, is maintained in every portion of said establishment to which the public is admitted.

(Prior code §§ 3105.16, 9.32.170; Ord. 21190.)

No person shall operate a peep show establishment unless at all times when the establishment is open to the public an internally lighted exit sign with letters not less than six inches high is maintained over every doorway which provides egress from such establishment.

(Prior code §§ 3105.14, 9.32.180; Ord. 21190.)