Sanger Municipal Code § 18-165 Display of permit and identification cards

Footnotes:

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Editor's note— Ord. No. 1028, § 1, adopted Nov. 15, 2001, amended art. III in its entirety and enacted similar provisions as set out herein. The former art. III derived from Ord. No. 1027, § 1, adopted Nov. 15, 2001.

The purpose and intent of this chapter [article] is to regulate adult businesses which, unless closely regulated, tend to have serious secondary effects on the community, including but not limited to: depreciation of property values and increases in vacancies in residential and commercial areas in the vicinity of the adult business; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; higher crime rates in the vicinity of the adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots.

(Ord. No. 1028, § 1, 11-15-01)

(a) Before any adult business is established, an adult business permit shall have been obtained and all other applicable regulations to the proposed site for adult business shall be satisfied.

(b) Regulations set forth herein shall not be deemed to repeal or amend any other provision of the Sanger City Code or Zoning Ordinance applicable to adult businesses, nor be deemed to excuse noncompliance with any such other provisions. If there is a conflict between this article and any other regulations so that both the regulation and the provisions of this chapter [article] cannot be complied with, the provisions of this chapter [article] shall control.

(Ord. No. 1028, § 1, 11-15-01)

Adult arcade. An establishment where, for any form of consideration:

(1) One or more projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or

(2) Live performers are provided for viewing by five or fewer persons which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or

(3) Live performers are provided for the purposes of sexual stimulation by any one-on-one activity between the performer and a patron.

Adult bookstore or adult video store. An establishment that has as a regular and substantial portion of its business the sale, rental or viewing for any form of consideration, any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides, tapes, records, compact discs, or other forms of visual or audio representations which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(2) Instruments, artificial devises or paraphernalia which are designed for use in connection with specified sexual activities.

Adult business. An adult bookstore, adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business which regularly features, or as a regular and substantial portion of its business, offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by state law. Adult business shall also include modeling studios, body painting studios, and sexual encounter establishments.

Adult cabaret. A nightclub, restaurant or similar business establishment that:

(1) Regularly features live performances distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities; and/or

(2) Which regularly features persons who appear nude or seminude; and/or

(3) Regularly features films, computer generated images, motion pictures, videocassettes, slides, or other photographic reproductions distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult material. The materials described in the definition of adult bookstore or adult video store.

Adult motel or hotel. A motel, hotel or similar business offering public accommodations for any form of consideration which:

(1) Provides patrons with closed-circuit television, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; and

(2) Rents or leases any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.

Adult motion picture theater. A business establishment where, for any form of consideration, regularly features films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

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

Body painting studio. An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is nude or seminude.

Business days. Monday through Friday, excluding legal holidays recognized by the city.

Director. The city manager of the City of Sanger or his/her designee.

Distinguished or characterized by an emphasis on. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films distinguished or characterized by an emphasis on 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, for example, Pringle v. city of Covina (1981) 115 Cal. App.3d 151.)

Establishment of an adult business. Establish[ment of] an adult business shall mean and include any of the following:

(1) The commencement of an adult business as a new business;

(2) The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein;

(3) The addition of any of the adult businesses defined herein to any other existing adult business;

(4) The substantial enlargement of an existing adult business (the increase in floor area occupied by the business, by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land, by more than ten percent); or

(5) The relocation of any such adult business shall require a conditional use permit.

Figure model. Any person who, for any form of consideration, poses in a modeling studio to be observed, painted, drawn, sculptured, photographed or otherwise depicted.

Gross receipts. The total amount of revenue derived from activities conducted on or within the business premises.

Knowingly allowed or permitted. Knew or should have known as measured by an objectively reasonable person.

Modeling studio. A business which provides, for any form of consideration, figure models who:

(1) Display specified anatomical areas for the purposes of sexual stimulation of patrons; or

(2) Engage in specified sexual activities for purposes of sexual stimulation of patrons; or

(3) Dress in lingerie, swimwear or otherwise display their bodies for purposes of sexual stimulation of patrons; and in which the figure models are to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studios do not include schools maintained pursuant to standards set by the state board of education, nor does it 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.

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

Operator of an adult business. The person who is responsible for supervising, managing, inspecting, organizing, controlling, or who is in any way responsible for or in charge of the conduct or activities, of an adult business or activities within an adult business.

Permittee. The person to whom an adult business permit is issued.

Person. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or any other forms of business organization or group(s).

Regularly features or regular and substantial course of conduct. A business, including an adult theater, adult cabaret, and adult motion picture theater, which presents any type of entertainment distinguished or characterized by an emphasis on specified sexual activity or specified anatomical areas, or performers, models or employees appearing in public nude, seminude, or dressed only in lingerie, on any two or more separate days within a 30-day period; three or more separate days within a 60-day period; or four or more separate days within a 180-day period.

Regular and substantial portion of its business. A business in which a regular and substantial portion of the business, as those terms are commonly used, is devoted to the sale, trade, rental, display or presentation of services, products, adult material, or entertainment distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. It shall be presumed that a business meets this standard where:

(1) The area(s) devoted to the display of adult material exceeds 20 percent of the total display area of the business; or

(2) Twenty percent or more of the average annual gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

If the business is a new business, gross receipts shall be calculated by considering the applicant's estimated annual gross receipts for the first year of operation.

Religious institution. A structure used primarily for religious worship and related religious activities.

School. This definition includes public or private nursery schools, kindergartens, elementary schools, junior high schools, senior high schools or any special institution of education, but it does not include vocational or professional institution of higher education, including a community or junior college, college or university.

Seminude, seminudity, or state of seminudity. 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.

Sexual encounter establishment. Any business (other than a hotel, motel or similar establishment offering public accommodations) which, for any form of consideration, provides a place where two or more persons may congregate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

Specified anatomical areas. Shall mean and include any of the following:

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

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered; or

(3) Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.

Specified criminal acts. Sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including, but not limited to, the distribution of obscenity or material harmful to minors, prostitution or pandering. Specified criminal acts include any of the offenses set forth in Penal Code §§ 243.4, 261, 261.5, 264.1, 266, 266a through 266k inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.11 inclusive, 314, 315, 316, 317, 318 and 647, subdivisions (a), (b) and (d) as those sections now exist or may hereafter be amended or renumbered, and the equivalent of the aforesaid offenses outside the state. Specified criminal acts include any crime requiring registration under Penal Code § 290.

Specified sexual activities. Shall mean and includes any of the following:

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

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

(3) Masturbation, actual or simulated;

(4) Pedophilia or any other unlawful sex act;

(5) Excretory functions as part of or in connection with any of the activities described in subsections (1) through (4) of this subsection; or

(6) Striptease, burlesque, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie, to the point where specified anatomical areas are exposed, or to the point of a state of nudity or seminudity.

Video or other viewing area. Those areas in an adult arcade where customers, patrons, or visitors can view live performers, videos, motion pictures, slides, compact discs, computer generated images, or other photographic reproductions or visual representations distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(Ord. No. 1028, § 1, 11-15-01)

(a) It shall be unlawful for any person to engage in, or to permit to be engaged in, in or upon any premises in the city, the operation of an adult business unless the person first obtains and maintains a conditional use permit pursuant to the provisions of section 90-998 of the Sanger Zoning Ordinance.

(b) It shall be unlawful for any person to be an operator of an adult business unless the person first obtains and continues to maintain a license from the city (adult business operator license).

(c) 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 business unless the person first obtains and continues to maintain a license from the city (adult business performer license).

(Ord. No. 1028, § 1, 11-15-01)

(a) An adult business conditional use permit shall be subject to provisions of section 90-1001 of the Sanger Zoning Ordinance (time limits; use permit to run with land; mapping; new application; revocation or modification of conditional use permit). Each adult business conditional use permit shall be reviewed annually for compliance with all provisions of the City Code.

(b) In addition to the above provisions, any change in the nature or composition from one type of adult business use to another type of adult business use, and any operation of more than one adult business in any one building or facility or on any one site, shall be grounds for revocation of the conditional use permit. The operation of more than one adult business in any one building or on any one site shall also be considered a violation of the separation requirements for adult businesses set forth in this chapter [article].

(Ord. No. 1028, § 1, 11-15-01)

(a) No adult business shall be located:

(1) Within 1,000 feet of any other adult business located either inside or outside of the city limits;

(2) Within 1,000 feet of any existing school, library, park or other recreational facility where minors congregate, located either inside or outside of the city limits;

(3) Within 1,000 feet of any area planned for a park or other recreational facility where minors congregate, located either inside or outside of the city limits;

(4) Within 1,000 feet of any land which carries a general plan residential land use designation, and from any existing religious institution, located either inside or outside of the city limits;

(b) As used in this section, existing means existing or under construction at the time the permit application is submitted.

(c) For purposes of determining the 1,000-foot separation requirement between adult businesses, if two or more separate applications are pending for an adult business within 1,000 feet of each other, the application which is received and deemed complete first shall take precedence over any other application.

(d) The distances set forth above shall be measured in a straight line, without regard to intervening structures, as a radius from the property line of the adult business to the closest property line of the other use.

(Ord. No. 1028, § 1, 11-15-01)

(a) In addition to requirements of section 90-998 of the Sanger Zoning Ordinance, all applications for an adult business conditional use permit shall include the following:

(1) If the applicant is an individual, the individual shall state his or her legal name, permanent and business address, phone number(s) and submit satisfactory written proof that he or she is at least 18 years of age.

(2) If the applicant is a partnership, the application shall state the partnership's complete name, whether it is a general or limited partnership, and show the name, permanent and business address, and phone number(s) of each of the partners, except limited partners. A copy of the partnership agreement, if any, shall also be provided.

(3) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name, permanent and business address, and phone number(s) of each of the officers and directors. The applicant shall also provide evidence that the corporation is in good standing under the laws of California, and the name of the registered corporate agent and the address of the registered office for service of process. A copy of the articles of incorporation and bylaws shall also be provided.

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

(5) The applicant's driver's license number, social security number, and/or a state or federally issued tax identification number.

(6) The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any, plus the names and addresses of the owners and lessors of the adult business site, if any.

(7) A floor plan showing specific uses proposed within the building, including configuration of the premises, the size and location of the manager's station, if applicable, the size and location of video or other viewing areas, if applicable, and total floor space occupied by the business. Each diagram 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 business to an accuracy of plus or minus six inches.

(8) A detailed description of the adult business for which the permit is requested, including all information which classifies the business as an adult business.

(9) The manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

(10) Proposed hours and days of operation.

(11) A drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the proposed adult business, and:

a. The property line of any other adult business within 1,000 feet of the property line of the proposed adult business;

b. The property line of any land which carries a general plan residential land use designation and of any existing religious institution, within 1,000 feet of the property line of the proposed adult business; and

c. The property line of any existing school, library, park or other recreational facility where minors congregate, or any site planned for park or other recreational facility where minors congregate, within 1,000 feet of the property line to the proposed adult business.

(12) A diagram of the off-street parking areas and premises entries of the adult business showing the location of the lighting system required by this chapter [article].

(13) The name of the person or persons having the management or supervision of applicant's business and of any entertainment, including those persons who will be the operator of an adult business and who are required to obtain an adult business operator license.

(14) The names of all employees, independent contractors, or other persons required to obtain an adult business performer license.

(15) Whether the applicant has had a previous permit under this chapter [article] or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(16) Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses for an adult business from another city or county, and if so, the names and locations of such other permitted businesses.

(a) Applicants for an adult business conditional use permit shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with this continuing duty within 30 days from the date of the change, shall be grounds for suspension and revocation of a permit.

(b) In the event the director determines at any time that the applicant has improperly completed the application for a proposed adult business operator's license, he/she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(Ord. No. 1028, § 1, 11-15-01)

The director shall not accept an application for an adult business conditional use permit for any of the following reasons:

(1) The building, equipment, or location used by the business for which an adult business permit is required does not comply with requirements and standards of the zoning, health, building, fire and safety laws of the city and the state and with the development and performance standards and requirements of this chapter [article].

(2) The applicant has failed to provide information required by the permit application or has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business permit.

(3) An applicant is under 18 years of age.

(4) The adult business does not comply with the locational standards for adult businesses.

(5) The applicant has not obtained a city business license, or has failed to comply with any other regulations applicable to the proposed adult business separate and apart from the provisions of this chapter [article].

(6) The granting of the application would violate a statute, ordinance or court order.

(7) The applicant has, or has had, a present or past conditional use permit under this chapter [article] which has been suspended or revoked within the preceding 12 months from the date the application is properly filed.

(8) If a person applies for a conditional use permit for a particular location within a period of 12 months from the date of denial of a previous application at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application may be summarily denied.

(Ord. No. 1028, § 1, 11-15-01)

Upon receipt of a completed application and on payment of the application fee, the department shall immediately send copies of the conditional use permit application to the police department and 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 business in accordance with its responsibilities under law and as set forth in this chapter [article]. The investigation shall be completed within sufficient time so that the a hearing on the conditional use permit may be held within the 60-day time period specified in the zoning ordinance.

(Ord. No. 1028, § 1, 11-15-01)

(a) The planning commission shall hold a public hearing to approve or deny an application for a conditional use permit within 60 days from the date of acceptance of the application. Upon request or consent of the applicant, the 60-day period may be extended for a reasonable time.

(b) The planning commission shall approve the conditional use permit upon findings that the proposed business meets the locational criteria established herein, and that the applicant has met all development and performance standards and requirements, unless the application is denied.

(c) The conditional use permit, if approved, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business. The conditional use permit shall indicate that the adult business is subject to prohibitions against public nudity and indecency pursuant to this chapter [article], and any applicable federal or California statutes, or laws. The conditional use permit shall be posted in a conspicuous place at or near the entrance to the adult business so that it can be easily read at any time.

(d) The decision of the planning commission may be appealed to the city council in the manner set forth in section 90-1000 of the Sanger Zoning Ordinance.

(Ord. No. 1028, § 1, 11-15-01)

(a) In addition to provisions of section 90-1006 of the Sanger Zoning Ordinance, all permits issued under the provisions of this article shall be subject to suspension or revocation upon the occurrence of any of the following conditions:

(1) Noncompliance with any provision of this chapter [article]; or

(2) The permittee, an employee of the permittee, or operator of an adult business engaged in the use of controlled substances while on the adult business premises; or

(3) The permittee, an employee of the permittee, or operator of an adult business refused to allow inspection of the adult business premises as authorized by this chapter [article]; or

(4) The permittee, an employee of the permittee, or operator of an adult business knowingly allowed or permitted illegal gambling by any person on the adult business premises; or

(5) The permittee, an employee of the permittee, or operator of an adult business knowingly allowed or permitted the possession, use or sale of controlled substances on the adult business premises; or

(6) The permittee, an employee of the permittee, or operator of an adult business knowingly allowed or permitted prostitution to occur on the adult business premises; or

(7) The permittee, an employee of the permittee, or operator of an adult business knowingly allowed or permitted any other criminal or illegal activity to occur on the adult business premises; or

(8) The permittee, an employee of the permittee, or operator of an adult business is operating the adult business in violation of any federal, state or local law, including any zoning, health, building or fire law, such determination being based upon an investigation by the department or agency charged with enforcing said rules or laws; or

(9) The adult business has not maintained a current city business license; or

(10) The permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or

(11) The permittee, an employee of the permittee, or operator of an adult business, knowingly operated the adult business during a period of time when the permittee's permit was suspended; or

(12) On two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction has been expunged or is being appealed shall have no effect on the revocation of the permit; or

(13) The permittee has failed to pay city taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to the adult business; or

(14) Except in the case of an adult motel or hotel, the permittee, an employee of the permittee, or operator of an adult business, has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or

(b) Upon a determination that conditions exist which justify the suspension or revocation of a permit, the director shall set a hearing before the planning commission in accordance with section 90-1006 of the zoning ordinance.

(c) The director shall provide the permittee with written notice of the determination that conditions exist which justify the suspension or revocation of the conditional use permit either by personal delivery or by certified mail, return receipt requested. The written notice shall state the reason therefore, and the time and date of a hearing on such matter. The permittee may continue to operate the adult business, pending the conclusion of the planning commission hearing.

(d) The decision of the planning commission may be appealed to the city council in accordance with section 90-1006 of the zoning ordinance.

(Ord. No. 1028, § 1, 11-15-01)

(a) The adult business conditional use permit shall run with the land and continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application.

(b) No adult business conditional use permit may be transferred when the director has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

(c) Any attempt to transfer a permit either directly or indirectly in violation of this section shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter declared null and void and the permit shall be deemed revoked.

(Ord. No. 1028, § 1, 11-15-01)

(a) No person shall be an operator of an adult business or participate in any live performance depicting specified anatomical areas or involving specified sexual activities without a valid adult business operator or performer license issued by the city. All persons who have been issued an adult business permit shall promptly supplement the information provided as part of the application for the permit, with the names of all operators of an adult business and performers required to obtain an adult business operator or performer license, and no later than 30 days within any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension or revocation of the adult business permit.

(b) The police chief shall grant, deny and renew adult business operator and performer licenses.

(c) 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 within the two- or five-year period as specified in subsection 18-163(c)(3) immediately preceding the date of the application, been convicted of a specified criminal act irrespective of whether the conviction is being appealed or has been expunged, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(6) 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 to engage in prostitution;

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

(8) Satisfactory written proof that the applicant is at least 18 years of age;

(9) Whether the applicant has had a previous similar license under this article or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the license was sought and denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(10) 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. The applicant shall authorize the police chief to obtain any available criminal offender record information relating to the applicant;

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

(d) The completed application shall be accompanied by an application fee in an amount set forth by resolution of the city council.

(e) 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 ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(f) The provisions of this section shall apply to figure models who participate in any live performance depicting specified anatomical areas or involving specified sexual activities.

(Ord. No. 1028, § 1, 11-15-01)

(a) Within ten business days after receipt of the properly completed application, the police chief shall either grant or deny the application and so notify the applicant. The police chief may extend this time period if there are delays in receiving adequate information.

(1) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(2) If the application is granted, whether temporarily or not, the police chief shall attach to the application an adult business operator or performer license.

(b) If the police chief grants the application or if he/she neither grants nor denies the application within the times specified after it is received, the applicant shall be deemed to have a license and may begin performing in the capacity for which the license was sought, subject to the right of the police chief to act upon the license within the 40-day investigation period even if the police chief has failed to act within ten business days, and subject to the grounds for revocation set forth in this section.

(c) 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 license or in any report or document required to be filed with the application.

(2) The applicant has been registered in any state as a prostitute.

(3) The applicant has been convicted of a specified criminal act for which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act;

b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act;

c. The fact that a conviction is being appealed or has been expunged shall have no effect on disqualification of the applicant.

(4) The applicant had any type of adult business operator or performer license revoked by any public entity within the preceding three years.

(d) The police chief's decision to deny or grant an application for a license shall be final and conclusive. There shall be no appeal to the city council. The applicant may seek judicial review within 21 days of the police chief's denial in accordance with Code of Civil Procedures section 1094.8.

(e) Each adult business operator or performer license 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 license to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed. Applications for renewal shall be acted on as provided herein for applications for licenses.

(f) The police chief may suspend or revoke a license for any of the following reasons:

(1) An operator of an adult business or adult business performer has engaged in one of the activities described below while on the premises of an adult business:

a. Any act of sexual intercourse, sodomy, oral copulation or masturbation;

b. Use of the establishment as a place for unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation;

c. A specified criminal act;

d. Any conduct prohibited by this chapter [article].

(2) Any of the enumerated reasons which would have been grounds for denying the license in the first instance.

(Ord. No. 1028, § 1, 11-15-01)

(a) Every permittee of an adult business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing and their license numbers. Such register shall be available for inspection during regular business hours by any police officer or code enforcement officer of the city.

(b) Every permittee of an adult business must also maintain a register of all operators of an adult business on the premises and their license numbers. Such register shall be available for inspection during regular business hours by any police officer or code enforcement officer of the city.

(c) Every owner, operator, or manager of a business which is involved in the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and every permittee, shall make those records necessary to determine whether 20 percent or more of gross receipts from the business qualifies the business as an adult business. Such records shall be available for inspection during regular business hours by the director and his/her designee, which shall include the finance director or the finance director's designee.

(d) Every permittee shall make those video records and logs required herein available for inspection during regular business hours by any police officer or code enforcement officer of the city, and at any other time upon demand of a police officer when the officer determines there is an immediate need to review the information in the conduct of an investigation.

(Ord. No. 1028, § 1, 11-15-01)

(a) Every adult business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter [article] for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business.

(b) The police chief shall provide each operator of an adult business and adult business performer required to have a license pursuant to this chapter [article], with an identification card containing the name, address, photograph and license number of such performer.

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

(Ord. No. 1028, § 1, 11-15-01)

(a) It shall be unlawful for any permittee to allow any person to act in the capacity of an operator of an adult business who is not in possession of a valid, unrevoked adult business operator license.

(b) It shall be unlawful for any permittee, employee of a permittee, or operator of an adult 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 business performer license.

(Ord. No. 1028, § 1, 11-15-01)

(a) It shall be unlawful for any permittee, employee of a permittee, or operator of an adult business to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.

(b) It shall be unlawful for any permittee, employee of a permittee, or operator of an adult business to permit to enter, or remain within the adult business, any person who is not at least 18 years of age.

(Ord. No. 1028, § 1, 11-15-01)

(a) The permittee, an employee of the permittee, or operator of an adult business, shall allow representatives of the city's police department, fire department, building department, planning and development services department, the county health department, the state department of industrial relations, division of occupational safety and health (Cal-OSHA), and any other entity whose assistance is deemed necessary by the city, to conduct regular inspections of all portions of the business without a warrant for the purposes of ensuring compliance with this chapter [article] and any other applicable law, at any time the adult business is occupied or open for business. This right to inspect shall include the right to collect any evidence deemed necessary by any of the inspectors described herein.

(b) It is unlawful for any permittee, an employee of the permittee, or operator of an adult business, to refuse to allow such lawful inspection of the premises at any time that it is occupied or open for business, and it is a misdemeanor for any permittee, employee of a permittee, or operator of an adult business to refuse to allow such lawful inspection of the premises at any time that it is occupied or open for business.

(Ord. No. 1028, § 1, 11-15-01)

Any person, firm, partnership, or corporation violating any provision, except the provisions banning nudity, of this chapter [article] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter [article] is committed, continued or permitted by such person, firm, partnership or corporation.

(Ord. No. 1028, § 1, 11-15-01)

The violation of any of the provisions of this chapter [article] shall also constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 1028, § 1, 11-15-01)

The city believes that this chapter [article], and all sections and subsections, complies with all applicable laws and that none of the provisions in this chapter [article] are preempted by any state or federal law. However, if the laws should change so that any provision of this chapter [article] is no longer considered lawful, the city shall not enforce that provision of the chapter [article]. In addition, if for any reason any section, subsection, sentence, clause, phrase or portion of this chapter [article] is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter [article].

(Ord. No. 1028, § 1, 11-15-01)

(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.

(b) No adult 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. 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. 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.

(c) All on-site signs shall conform to the relevant provisions of the Sanger City Code regarding signs. No sign shall depict specified anatomical areas or specified sexual activities.

(d) All exterior areas on the site, including parking areas and premise entries, shall be illuminated from sunset until at least two hours after close of operation with a lighting system which provides a minimum of two footcandles of light, minimally maintained and evenly distributed at ground level.

(e) The premises within which the adult 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.

(f) An adult business shall be open for business only between the hours of 11:00 a.m. and 11:00 p.m. on any particular day.

(g) Only one door shall be used as a customer entrance/exit and this door shall be immediately adjacent to, visible from and monitored by the sales counter or manager's station and its personnel. All pedestrian access doors, other than the main entrance, shall be marked and used exclusively as emergency exits.

(h) The building entrance to an adult business shall be clearly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall also state that loitering, drinking of alcoholic beverages and illegal parking is prohibited. Further, the owner/operator shall submit a letter to the police chief authorizing and requesting the enforcement of all laws upon this private property.

(i) All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(j) No alcohol sale or consumption shall occur on the premises of an adult business. No permittee, an employee of the permittee, or operator of an adult business, shall use alcoholic beverages while on the adult business premises, and no permittee, an employee of the permittee, or operator of an adult business shall knowingly allow or permit the use of alcoholic beverages on the adult business premises.

(k) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business to regularly view the exterior premises of the adult business site, for discarded items from the adult business, and to remove discarded items from the adult business which are littered on the ground. For purposes of this section, the exterior premises of the adult business shall mean 300 feet surrounding the property line of the adult business site; and regularly view shall mean not less than every four hours when the business is open to the public and once after closing.

(l) Any adult business which is also an adult arcade, shall comply with the following provisions:

(1) The interior shall be configured 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 the premises has two or more manager's 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 for any purpose, except restrooms, from at least one of the manager's stations.

(2) It shall be the duty of the permittee, an employee of the permittee, or operator of an adult business, to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the adult arcade.

(3) Video or other viewing areas shall not be placed in a secluded location. In furtherance of this requirement, video and other viewing areas shall be placed in a location where they can be supervised by the manager's station closest to the main entrance.

(4) Video or other viewing areas must be supervised at all times and shall at all times remain open and unobstructed by any doors, walls, curtains, screens, merchandise, display racks, or other materials.

(5) Video or other viewing areas shall not be occupied by more than one person at any one time. Video and other viewing areas shall be maintained in such a manner that does not allow means of direct communication, viewing or physical contact from one video or viewing area into another. In furtherance of this requirement, each video or other viewing area shall be separated from any other video or viewing area by not less than five feet. Any partitions that separate video or viewing areas shall be maintained in good repair at all times, with no holes in any such partitions.

(6) Signs prohibiting loitering shall be posted in prominent places in and near the video or other viewing areas.

(7) The floors, seats, walls and other portions of all video or other viewing areas shall be maintained clean and free from waste and bodily secretions, the presence of which shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions shall justify suspension or revocation of the permittee's license to conduct the adult business.

(8) No alteration in the configuration or location of a manager's station(s) or video or other viewing area may be made without the prior approval of the director after consultation with the police chief.

(m) All interior areas of the adult business, except restrooms, and all exterior areas of the adult business site shall be monitored via closed circuit camera(s). Video monitoring/taping shall commence not later than the beginning of each business day and cease not earlier than the end of each business day, and shall be in progress as long as any member of the public is within the business for any purpose. All such video recordings shall be retained upon the premises for not less than seven days from the individual recording dates. All video recordings from monitoring cameras shall display a continuous and true time and date stamp clearly visible during playback. A log shall be kept upon the premises at all times documenting the time and date that the video monitoring/taping equipment is started and stopped each day. Such log shall also include notations indicating any periods the videotaping was not in operation under the required conditions, an explanation as to why there was an interruption in videotaping, and the name of the employee making the entry. An adult business shall not be open to patrons at any time the monitoring equipment is not functioning.

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

(1) Bookstores and other retail establishments (20 footcandles);

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

(3) Arcades (ten footcandles);

(4) Motels and hotels (20 footcandles in public places);

(5) Modeling studios (20 footcandles).

The loss of such lighting due to power failure or other cause shall require that the adult business premises be vacated by patrons and closed to patrons until the lighting standards are restored.

(o) The following requirements pertain to restroom facilities:

(1) The adult 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. The restrooms shall be free from any adult material. There shall be no loitering in or about the restrooms. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.

(2) In addition to the foregoing, restrooms shall be regularly monitored to prevent loitering and to prevent persons from engaging in specified sexual activities in the restrooms. If the city discovers any incidents of specified sexual activities occurring within the restrooms, the director may require that the restrooms contain an attendant as follows: for single-occupant restrooms, an attendant shall observe the entrance to the restroom at all times during which the business contains patrons to ensure that only one person is allowed in the restroom at any time, unless the person has a disability which requires assistance, in which case the business shall accommodate that person as may be required under the Americans with Disabilities Act or other federal or state law; for multiple-occupant restrooms, an attendant shall be present in, or immediate[ly] adjacent to the entrance of, the restrooms during all times which the business has patrons to ensure that persons do not loiter in or engage in specified sexual activities within the restrooms. The director shall document the basis for a determination to require a restroom attendant.

(3) The foregoing provisions shall not apply to an adult business which deals exclusively with sale or rental of adult material 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.

(p) The following additional requirements shall pertain to adult 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 business except upon a stage at least 18 inches above the level of the floor separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

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

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

(4) The adult business shall provide access for entertainers between the stage and the dressing rooms completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers that prevents 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 on the premises of the adult business.

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

(7) No permittee, employee of a permittee, or operator of an adult business, shall permit any person on the premises of the adult 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 discernible 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.

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

(1) Adult businesses featuring live entertainment shall provide at least one security guard on site 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) Additional security guards may be required as determined by the police chief. The police chief shall document the basis for any such determination.

(3) Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard and shall be duly licensed as a security guard as required by applicable provisions of statelaw. No security guard 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.

(r) The adult business shall not be located, in whole or in part, within any temporary or portable structure.

(s) The adult business shall not conduct any massage, acupuncture, tattooing, acupressure or escort services and shall not allow such activities on the premises.

(t) The adult business shall not conduct or sponsor any special events promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.

(u) No pay phones or phone booths shall be located, and the permittee or operator of an adult business shall not allow such phones or phone booths to be located outside the interior premises of the adult business.

The foregoing requirements shall be deemed conditions of the adult business permit approval, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

(Ord. No. 1028, § 1, 11-15-01)

Any business which for any form of consideration sells, rents, or offers for use or viewing, Adult material which is not a regular and substantial portion of the business, and is not otherwise an adult business, shall keep adult materials in an area separate from other stock and in an area which shall be made not accessible to persons under the age of 18. A sign shall be affixed to the area stating adults only, and that admission is only for those persons over 18 years of age. The adult material shall also not be visible from any part of the premises where persons under the age of 18 are allowed to patronize. The entrance to an area containing adult material shall be monitored at all times to ensure that minors do not enter the area.

(Ord. No. 1028, § 1, 11-15-01)

Businesses which are engaged in the manufacturing or wholesale distribution of adult material shall comply with the following regulations, which shall be in addition to any other federal, state, or local requirements:

(1) All on-site signs shall conform to the relevant provisions of the Sanger City Code regarding signs. No sign shall depict specified anatomical areas or specified sexual activities.

(2) Any adult materials disposed of as garbage or unusable material shall be disposed of in receptacles not accessible to the public unless such material is made nondiscernable as adult material.

(3) The manufacturing or distribution business shall occur entirely within an enclosed building.

(4) The owner, operator, or manager of the business shall regularly view the exterior premises of the business, including the parking area and the business vicinity, for discarded items from the business, and shall remove discarded items from the business that are littered on the ground. For purposes of this section, the vicinity of the business shall mean 300 feet surrounding the property line of the business site; and regularly view shall mean not less than every four hours when the business is operating and once after closing.

(Ord. No. 1028, § 1, 11-15-01)