Chapter 4-24 — ADULT-ORIENTED BUSINESSES

Article 1 General Provisions(Legislative History: Ordinance No. 98-011, 9/8/98 (Sections 4-24-100 — 4-24-150))

It shall be the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

(a) It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City of San Leandro, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of San Leandro as herein required.

(b) It shall be unlawful for any person to engage in or participate in any live performance
depicting specified anatomical areas or involving specified sexual activities in an adult-
oriented business unless the person first obtains and continues in full force and effect a
permit from the City of San Leandro as herein required.

(c) It shall be unlawful for any person to be employed at an adult-oriented business in any
capacity unless such person first obtains and continues in full force and effect a permit from
the City of San Leandro as herein required. This subsection shall not apply to persons
rendering construction, cleaning, delivery, or other temporary services to the adult-oriented
business pursuant to a contract between the person's employer and the adult-oriented
business unless the person is otherwise required to obtain a permit pursuant to subsections
(a) or (b) of this section.

Article 2
Definitions(Legislative History: Ordinance No. 98-011, 9/8/98 (Sections 4-24-200 —
4-24-275))

Unless the provisions or context otherwise requires, the definitions contained in this Article shall govern the construction of this Chapter.

"Adult-oriented businesses" means any of the following:

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

(b) Adult Bookstore. An establishment that has as a substantial portion of its stock books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. Items sold over the Internet shall be included in determining the substantial portion.

(c) Adult Cabaret. A nightclub, restaurant, or similar business establishment which:

(1) Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear seminude; and/or (3) shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(d) Adult Hotel/Motel. A hotel, motel or similar commercial establishment which:

(1) Offers accommodations to the public for any form of consideration; provides patrons with dosed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

(e) Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer-generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

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

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

A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

A person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

For the purposes of this chapter, a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 CalApp.3d 151 (1981).

Any person who, for pecuniary compensation, consideration, hire, or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed, or otherwise depicted.

The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of a female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

The supervising, managing, inspecting, directing, organizing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

The person to whom an adult-oriented business permit is issued.

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

The Police Chief of the City of San Leandro or the authorized representatives thereof.

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

Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

As used herein, specified anatomical areas shall mean and include the following:

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

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(c) Any device, costume, or covering that simulates any of the body parts included in subsections (a) of (b) of this section.

As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

(c) Masturbation, actual or simulated;

(d) Excretory functions as part of or in connection with any of the other activities described in
subsections (a) through (c) of this section.

Article 3
Application and Permits(Legislative History: Ordinance No. 98-011, 9/8/98 (Sections
4-24-300—4-24-335); Ordinance No. 2011-006, 4/4/11 (Sections 4-24-315, 4-24-330,
4-24-335))

Every person who proposes to maintain, operate, or conduct an adult-oriented business in the City of San Leandro shall file an application with the Police Chief on a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(a) Adult-Oriented Business Regulatory Permits are nontransferable, except in accordance with Section 4-24-320. Therefore, all applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name,
including any aliases, address, and satisfactory written proof that he or she is at least
21 years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete
name, address, the names of all partners, whether the partnership is general or limited,
and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the
date of its incorporation, evidence that the corporation is in good standing under the
laws of California, the names and capacity of all officers and directors, the name of
the registered corporate agent and the address of the registered office for service of
process.

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

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

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

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

(f) The names of all employees, independent contractors, and persons who will perform at the
adult-oriented business, who are required by 4-24-150 to obtain an adult-oriented business
performer or employee license (for ongoing reporting requirements, see Section 4-24-150).

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

(h) A certificate and straight line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the adult-oriented business, and (1) the property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (2) the property lines of any place of religious assembly, school, park, residentially zoned land, day care center, or boys and/or girls clubs within 1,000 feet of the primary entrance of the adultoriented business.

(i) A diagram of the off-street parking areas and premises entries of the adult-oriented business
showing the location of the lighting system required by Section 4-24-400(c).

(j) If the Police Chief determines that the applicant has completed the application improperly,
the Police Chief shall promptly notify the applicant of such fact and, on request of the
applicant, grant the applicant an extension of time of 10 days or less to complete the
application properly. In addition, the applicant may request an extension, not to exceed 10
days, of the time for the Police Chief to act on the application. The time period for granting
or denying a permit shall be stayed during the period in which the applicant is granted an
extension of time.

(k) The fact that an applicant possesses other types of state or City permits or licenses does not
exempt the applicant from the requirement of obtaining an adult-oriented business
regulatory permit.

ORIENTED BUSINESS REGULATORY PERMIT.

(a) Upon receipt of a completed application and payment of the application and permit fees,
the Police Chief shall immediately stamp the application as received and promptly
investigate the information contained in the application to determine whether the applicant
shall be issued an adult-oriented business regulatory permit.

(b) The Police Chief shall mail notice of the application to all owners of real property as shown
on the latest equalized assessment roll within 1,000 feet of the property that is the subject
of the application. This notice shall provide the name of the applicant, the address of the
premises and the name of the property owner. This notice shall also be posted on the
property and in no less than five but no more than 10 public places within 1,000 feet of the
property. This notice shall be provided solely for the purpose of assisting the Police Chief
in determining whether any sensitive uses, as defined in Article 16-4-1683(B)(2) are within
1,000 feet of the premises. The failure to provide this notice shall not be grounds for the
denial or revocation of the license.

(c) Within 30 days of receipt of the completed application, the Police Chief shall complete the
investigation, grant or deny the application in accordance with the provisions of this
section, and so notify the applicant as follows:

(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and
date and sign such notification.

(2) If the application is denied, the Police Chief shall attach to the application a statement
of the reasons for denial.

(3) If the application is granted, the Police Chief shall attach to the application an adult-
oriented business regulatory permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the
United States mail, first class postage prepaid, addressed to the applicant at the
address stated in the application.

(d) The Police Chief shall grant the application and issue the adult-oriented business regulatory
permit upon finding that the proposed business meets the locational criteria of Article
16-4-1683 of the Zoning Code, and that the applicant has met all of the development and
performance standards and requirements of Section 4-24-400, unless the application is
denied for one or more of the reasons set forth in Section 4-24-315. The permittee shall
post the permit conspicuously in the adult-oriented business premises.

(e) If the Police Chief grants the application or if the Police Chief neither grants nor denies the
application within 30 days after it is stamped as received (except as provided in Section
4-24-305(j)), the applicant may begin operating the adult-oriented business for which the
permit was sought, subject to strict compliance with the development and performance
standards and requirements of Section 4-24-400.

The Police Chief shall deny the application for any of the following reasons:

(a) The building, structure, equipment, or location for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire, and safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

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

(c) The applicant is under 21 years of age.

(d) The required application fee has not been paid.

(e) The adult-oriented business does not comply with the zoning ordinance locational standards in Article 16-4-1683.

(f) The applicant, or his or her spouse, has been convicted of any of the offenses enumerated in Section 4-24-325(d)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California.

Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. This decision may be appealed pursuant to Article 4 of Chapter 1-12 of the San Leandro Municipal Code. The licensee may seek judicial review of the action taken on the license in any court of competent jurisdiction.

PERMITS.

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

(b) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adultoriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Police Chief in accordance with Sections 4-24-300 and 4-24-305, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with Section 4-24-310 that the transferee would be entitled to the issuance of an original permit.

(c) No permit may be transferred when the Police Chief has notified the permittee that the permit has been or may be suspended or revoked.

(d) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

PERMITS.

(a) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the City. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 4-24-300, with the names of all performers required to obtain an adult-oriented business performer permit or employees required to obtain an adult-oriented business employee permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit. No person shall be employed at an adult-oriented business, or act as an independent contractor at an adult-oriented business, except those excluded from the permit requirements pursuant to Section 4-24-150(c), without a valid adult-oriented business employee permit issued by the city.

(b) The Police Chief shall grant, deny, and renew adult-oriented business performer permits. The Police Chief shall also grant, deny, and renew adult-oriented business employee permits.

(c) The application for either permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief.

(d) The completed application shall contain the following information and be accompanied by the following documents:

(1) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

(2) Age, date, and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Whether the applicant has been convicted within the past five years, as of the date of submittal of the application, of:

(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266h, 266i, 647(a), 647(b), and 647(d) of the California Penal Code as those sections

now exist or may hereafter be amended or renumbered,

(ii) Any violation of the Uniform Controlled Substances Act at California Health and Safety Code Section 11000, et seq., and any violation of the California Penal Code relating to controlled substances as defined in the Uniform Controlled Substance Act,

(iii) The equivalent of the aforesaid offenses outside the State of California;

(6) Whether such person is or has ever been licensed or registered as a prostitute, or
otherwise authorized by the laws of any other jurisdiction to engage in prostitution. If
any person mentioned in this subsection has ever been licensed or registered as a
prostitute, or otherwise authorized by the laws of any other State to engage in
prostitution, a statement shall be submitted giving the place of such registration,
licensing or legal authorization, and the inclusive dates during which such person was
so licensed, registered, or authorized;

(7) State driver's license or identification number;

(8) Satisfactory written proof that the applicant is at least 21 years of age;

(9) The applicant's fingerprints on a form provided by the Police Department, and a color
photograph clearly showing the applicant's face. Any fees for the photographs and
fingerprints shall be paid by the applicant;

(10) If the application is made for the purpose of renewing a license, the applicant shall
attach a copy of the license to be renewed.

(e) The completed application shall be accompanied by a nonrefundable application fee. The
amount of the fee shall be set by resolution of the City Council.

(f) Upon receipt of an application and payment of the application fees, the Police Chief shall
immediately stamp the application as received and promptly investigate the application.

(g) If the Police Chief determines that the applicant has completed the application improperly,
the Police Chief shall promptly notify the applicant of such fact and grant the applicant an
extension of time of not more than 10 days to complete the application properly. In
addition, the applicant may request an extension, not to exceed 10 days, of the time for the
Police Chief to act on the application. The time period for granting or denying a permit
shall be stayed during the period in which the applicant is granted an extension of time.

ORIENTED BUSINESS PERFORMER OR EMPLOYEE PERMIT.

(a) Within five days after receipt of the properly completed application, the Police Chief shall
grant or deny the application and so notify the applicant as follows:

(1) The Police Chief shall write or stamp "Granted" or "Denied" on the application and
date and sign such notation.

(2) If the application is denied, the Police Chief shall attach to the application a statement
of the reasons for denial.

(3) If the application is granted, the Police Chief shall attach to the application an adult-
oriented business performer permit or an adult-oriented business employee permit, as
applicable.

(4) The application as granted or denied and the permit, if any, shall be placed in the
United States mail, first class postage pre-paid, addressed to the applicant at the
residence address stated in the application.

(b) The Police Chief shall grant the application and issue the permit unless the application is
denied for one or more of the reasons set forth in subsection (d) of this section.

(c) If the Police Chief grants the application or if the Police Chief neither grants or denies the
application within five days after it is stamped as received (except as provided in Section
4-24-325(g)), the applicant may begin performing in the capacity for which the license was
sought.

(d) The Police Chief shall deny the application for any of the following reasons:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a
material fact in the application for a permit or in any report or document required to
be filed with the application;

(2) The applicant is under 21 years of age;

(3) The adult-oriented business performer or employee permit is to be used for
performing in a business prohibited by State or City law;

(4) The applicant, or his or her spouse, has been convicted of any of the offenses
enumerated in Section 4-24-325(d) (5) or convicted of an offense outside the State of
California that would have constituted any of the described offenses if committed
within the State of California;

(5) The applicant has, within the past five years, been convicted in an administrative
enforcement action or court action of violation of an adult business ordinance.

(e) Each adult-oriented business performer or employee permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted as provided for herein for applications for permits. This decision may be appealed in accordance with Article 4 of Chapter 1-12 of the San Leandro Municipal Code.

REGULATORY PERMITS AND ADULT-ORIENTED BUSINESS PERFORMER OR EMPLOYEE PERMITS.

An adult-oriented business regulatory permit or adult-oriented business performer or employee permit may be suspended or revoked in accordance with the procedures and standards of this section.

(a) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs may be admitted. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Article 4 of Chapter 1-12 of the San Leandro Municipal Code.

(b) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

(2) The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer or employee, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:

(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

(iii) Any conduct constituting a criminal offense which requires registration under
Section 290 of the California Penal Code.

(iv) The occurrence of acts of lewdness, assignation, or prostitution, including any
conduct constituting violations of Section 315, 316, or 318 or Subdivision (b) of
Section 647 of the California Penal Code.

(v) Any act constituting a violation of provisions in the California Penal Code
relating to obscene matter or distribution of harmful matter to minors, including
but not limited to Sections 311 through 313.4.

(vi) Any violation of the Uniform Controlled Substances Act at California Health
and Safety Code Section 11000, et seq., and any violation of the California Penal
Code relating to controlled substances as defined in the Uniform Controlled
Substance Act.

(vii) Knowingly allowing possession, use or sale of controlled substances on the
premises.

(viii) Any other conduct prohibited by this Chapter.

(3) Failure to abide by a disciplinary action previously imposed by an appropriate City
official.

(c) After holding the hearing in accordance with the provisions of this section, if the Police
Chief finds and determines that there are grounds for disciplinary action, the Police Chief
shall impose the following:

(1) Suspension of the permit for a specified period not to exceed six months for a first
infraction;

(2) Revocation of the permit for a second infraction.

Article 4
Facilities and Employees(Legislative History: Ordinance No. 98-011, 9/8/98 (Sections
4-24-100 — 4-24-415))

STANDARDS.

(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed, and provided in accordance with the Fire Department and building regulations
and standards adopted by the City of San Leandro.

(b) No adult-oriented business shall be operated in any manner that permits the observation of
any material or activities depicting, describing, or relating to specified sexual activities or
specified anatomical areas from any public way or from any location outside the building
or area of such establishment. This provision shall apply to any display, decoration, sign,
show window, or other opening. No exterior door or window on the premises shall be
propped or kept open at any time while the business is open, and any exterior windows
shall be covered with opaque covering at all times.

(c) All off-street parking areas and premises entries of the adult-oriented business shall be
illuminated from dusk to closing hours of operation with a lighting system which provides
an average maintained horizontal illumination of one foot candle of light on the parking
surface and/or walkways. The required lighting level is established in order to provide
sufficient illumination of the parking areas and walkways serving the adult-oriented
business for the personal safety of patrons and employees and to reduce the incidence of
vandalism and criminal conduct. The lighting shall be shown on the required sketch or
diagram of the premises.

(d) The premises within which the adult-oriented business is located shall provide sufficient
sound-absorbing insulation so that noise generated inside said premises shall not be audible
anywhere on any adjacent property or public right-of-way or within any other building or
other separate unit within the same building.

(e) Except for those businesses also regulated by the California Department of Alcoholic
Beverage Control, an adult-oriented business shall be open for business only between the
hours of 10:00 a.m. and 10:00 p.m. on any particular day.

(f) The building entrance to an adult-oriented business shall be clearly and legibly posted with
a notice indicating that persons under 21 years of age are precluded from entering the
premises. Said notice shall be constructed and posted to the satisfaction of the Zoning
Enforcement Official or designee. No person under the age of twenty-one (21) years shall
be permitted within the premises at any time.

(g) All indoor areas of the adult-oriented business within which patrons are permitted, except
rest rooms, shall be open to view by management at all times.

(h) Any adult-oriented business which is also an adult arcade shall comply with the following provisions:

(1) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises to which
any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more managers stations designated, then the interior of the premises shall
be configured in such a manner that there is an unobstructed view of each area of the
premises to which any patron is permitted access from at least one of the managers
stations. The view required in this subsection must be in direct line of sight from the
manager's station.

(2) The view area specified in subsection (1) shall remain unobstructed by any doors,
walls, merchandise, display racks, or other materials at all times.

(3) No viewing room may be occupied by more than one person at any time.

(4) The walls or partitions between viewing rooms or booths shall be maintained in good
repair at all times, with no holes between any two such rooms such as would allow
viewing from one booth into another or such as to allow physical contact of any kind
between the occupants of any two such booths or rooms.

(5) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of
any such video booths, or remain in the common area of such businesses, other than
the restrooms, unless actively engaged in shopping for or reviewing the products
available or on display for purchaser viewing. Signs prohibiting loitering s be posted
in prominent places in and near the video booths.

(6) The floors, seats, walls, and other interior portions of all video booths shall be
maintained clean and free from waste and bodily secretions. Presence of human
excrement, urine, semen, or saliva in any such booths shall be evidence of improper
maintenance and inadequate sanitary controls; repeated instances of such conditions
may justify suspension of the owner and operator's license to conduct the adult-
oriented business.

(i) All areas of the adult-oriented business shall be illuminated at a minimum of the following
footcandles, minimally maintained and evenly distributed at ground level:

Area Footcandles

Bookstores and other retail 20
establishments

Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 footcandles)

Arcades 10

Motels/hotels 20 (in public areas)

Modeling studios 20

(j) The adult-oriented business shall provide and maintain separate rest room facilities for
male patrons and employees, and female patrons and employees. Male patrons and
employees shall be prohibited from using the rest room(s) for females, except to carry out
duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall
be free from any adult material. Rest rooms shall not contain television monitors or other
motion picture or video projection, recording, or reproduction equipment. The foregoing
provisions of this subsection shall not apply to an adult-oriented business which deals
exclusively with the sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest
room facilities to its patrons or the general public.

(k) The following additional requirements shall pertain to adult-oriented businesses providing
live entertainment depicting specified anatomical areas or involving specified sexual
activities, except for businesses regulated by the Alcoholic Beverage Control Commission.

(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 10 feet from the nearest area occupied by patrons, while the
stage is occupied by an entertainer. Fixed rail(s) at least 30 inches in height shall be
maintained establishing the separations between entertainers and patrons required by
this subsection. "Entertainer" shall mean any person who is an employee or
independent contractor of the adult-oriented business, or any person who, with or
without compensation or other form of consideration, performs live entertainment for
patrons of an adult-oriented business.

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

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

(4) The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three foot wide aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between 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. This subsection shall
only apply to physical contact on the premises of the adult-oriented business.

(6) No patron shall directly pay or give any gratuity to any entertainer and no entertainer
shall solicit any pay or accept gratuity from any patron.

(7) No owner or other person with managerial control over an adult-oriented business (as
that term is defined herein) shall permit any person on the premises of the adult-
oriented business to engage in a live showing of the human male or female genitals,
pubic area, or buttocks with less than a fully opaque coverage, and/or the female
breast with less than a fully opaque coverage over any part of the nipple or areola and/
or covered male genitals in a discernibly turgid state. This provision may not be
complied with by applying an opaque covering simulating the appearance of the
specified anatomical part required to be covered.

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

(1) Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the
premises is greater than 35 persons, an additional security guard shall be on duty.

(2) Security guards for other adult-oriented businesses may be required if it is determined
by the Police Chief that their presence is required to prevent any of the conduct listed
in Section 4-24-335(b)(2) from occurring on the premises.

(3) Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(m) In addition to the sign requirements in Section 4-24-400(b), the following sign requirements shall apply to adult-oriented businesses:

(1) The maximum total sign area shall be 24 square feet, per frontage;

(2) Freestanding signs shall not be permitted;

(3) Projecting signs shall not be permitted;

(4) Any illuminated sign shall consist of individual channel letters or internally illuminated letters. Logo signs and "can-type" signs are prohibited;

(5) Except as described above, all signs at adult-oriented businesses shall comply with any and all sign requirements listed in Article 18 of the San Leandro Zoning Code that are applicable to signs in the P and PHD districts.

The foregoing applicable requirements of this section shall be deemed conditions of adult- oriented business regulatory permit approvals and failure to comply with every such requirement shall be grounds for revocation of the permit.

Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises, persons holding employee permits, and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer of the City of San Leandro.

(a) Every adult-oriented business shall display at all times during business hours the adult- oriented business regulatory permit issued pursuant to this chapter in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

(b) The Police Chief shall provide each adult-oriented business performer and each adult- oriented employee performer required to have a permit pursuant to this Chapter, with an identification card containing the name, address, photograph, and permit number of such performer.

(c) An adult-oriented business performer and adult-oriented business employee shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

THE AGE OF Twenty-one YEARS PROHIBITED.

(a) It shall be unlawful for any permittee, operator, or other person in charge of any adult-
oriented business to employ, or provide any service for which it requires such permit, to
any person who is not at least 21 years of age.

(b) It shall be unlawful for any permittee, operator, or other person in charge of any adult-
oriented business to permit to enter, or remain within the adult-oriented business, any
person who is not at least 21 years of age.

Article 5
Miscellaneous Provisions(Legislative History: Ordinance No. 98-011, 9/8/98 (Sections
4-24-500 — 4-24-515))

An applicant or permittee shall permit representatives of the Police Department, Fire Department, Planning Division, or other City departments or agencies to inspect the premises of an adult-oriented business for the purposes of ensuring compliance with the law and the performance standards applicable to adult-oriented businesses, at any time it is occupied or open 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 or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

The provisions of this article regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the San Leandro City Council.

It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit or adult- oriented business employee permit.

If any section, subsection, subdivision, sentence, clause, or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.