Santa Ana Municipal Code § 12-27 Permit; investigation

It is the purpose and intent of the city council that the operation of peep show establishments, as defined in this Code, should be regulated for the protection of the public from the perils of fire, hazard to health, and for the preservation of the peace of the community.

(Ord. No. NS-1081, § 1, 5-17-71)

(a) "Peep show establishment" shall mean any place to which the public is permitted or invited wherein still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time for any consideration and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities."

(b) As used in this article, the term "specified anatomical areas" shall have the same meaning as defined in section 41-152.1 of this Code and the term "specified sexual activities" shall have the same meaning as defined in section 41-152.2 of this Code.

(c) "Peep show device" shall mean any still or motion picture machine, projector or other image-producing device which shows images to five (5) or fewer persons at any one time for any consideration and where the image so displayed is distinguished or characterized by an emphasis on depicting or describing "specified anatomical areas" or "specified sexual activities."

(d) "Viewing area" shall mean the area where a patron or customer would ordinarily be positioned while watching a film or peep show device.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1652, § 1, 11-1-82)

No person shall operate a peep show device unless a permit for the operation of said device has been issued by the finance department of the city and remains in effect in conformity with the provisions of this Code.

(Ord. No. NS-1081, § 1, 5-17-71)

No permit shall be issued by the finance department for a period in excess of one (1) year. The expiration date of said permit shall be December 31 of each year.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-2110, § 1, 2-4-91)

Every person owning or operating a peep show device shall pay a fee for each such device as established by resolution of the city council. Any person applying for a permit for a period of less than one (1) year shall pay a prorated fee.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1545, § 1, 10-6-80; Ord. No. NS-2110, § 2, 2-4-91)

All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee as established by resolution of the city council. In the event the permit is granted or renewed, the sum shall be applied to the permit fee as described in section 12-25. In the event such permit is denied, said application fee shall be and become the property of the City of Santa Ana.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1545, § 2, 10-6-80)

Every applicant shall file an application for a permit, or for the renewal of a permit, with the director of finance of the City of Santa Ana upon the form to be provided by the director of finance. Immediately upon the receipt of an application, the director of finance shall deliver said application to the city manager or his delegate. The city manager or his delegate shall cause to be made an investigation of the application to determine whether:

(a) The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application; or

(b) The operation of the business as proposed pursuant to the issuance or renewal of a license or permit will not be in compliance with the building, fire, electrical, zoning, plumbing and health requirements as set forth in this Code; or

(c) The applicant is under eighteen (18) years of age; or

(d) The applicant has had a similar type of license or permit previously revoked for good cause within one year immediately preceding the date of the filing of the application, and can show no material changes in circumstances since such revocation; or

(e) Customers or patrons of the peep show establishment have been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in subsection (a) of Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct, arising out of acts on the premises or areas under control of the peep show establishment; and the applicant, having been previously advised or notified by the city of the occurrence of such criminal acts, has failed or refused to take or institute reasonable precautions or safeguards to insure that such criminal acts do not further occur.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1652, § 2, 11-1-82)

If the city manager finds that the applicant will be in compliance with the requirements described in section 12-27 the permit shall be granted or renewed. Any application for permit or for the renewal of a permit may be denied if the city manager finds that the applicant will not be in compliance with the requirements described in section 12-27. The city manager shall file a report of the approval or denial of the application with the finance department within thirty (30) days from and after the receipt of said application. If the application for permit or for the renewal of a permit is denied, the reasons for denial shall be set forth in writing and be personally delivered or sent to the applicant by means of registered mail.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1545, § 3, 10-6-80)

In the event that any person holding a permit shall violate or cause or permit to be violated any of the provisions of this article, including subsections (b) and (e) of section 12-27, or any provision of any other article, ordinance or law relating to or regulating said business, or shall conduct or carry on the business in a manner which manifests a disability to perform properly the duties of the business as evidenced by the commission of an act or a series of acts, the city manager may, in addition to other penalties provided by this Code, take action to suspend or revoke the permit issued for conducting or carrying on the business. The action of the city manager shall be subject to the appeal provisions of Chapter 3 of this Code except that the city manager may take immediate action with respect to a permit, if a subsequent hearing is provided, where there is an urgency of immediate action to protect the public from injury or harm, or where a permit has been issued based on material misrepresentation in the application and but for the material misrepresentation, the permit would not have been issued.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1545, § 4, 10-6-80; Ord. No. NS-1652, § 3, 11-1-82)

Any person aggrieved by the decision of the chief of police or designee to deny issuance or renewal of a permit or to suspend or revoke a permit may appeal as provided in chapter 3 of this Code, in which case the action of the chief of police or designee shall be suspended until the city council has made its decision.

(Ord. No. NS-1081, § 1, 5-17-71; Ord. No. NS-1235, § 38, 12-9-74; Ord. No. NS-2792, § 12, 8-17-09)

Editor's note— Ord. No. NS-1235, § 39, adopted Dec. 9, 1974, repealed § 12-31 relative to appeal from denial of permits, renewal, suspension or revocation. Said section was derived from Ord. No. NS-1081, § 1, adopted May 17, 1971.

No person who has a permit for a peep show device revoked may obtain a peep show device permit within a period of twelve (12) months from the date of revocation.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show device unless each such device is plainly marked with a serial number and shall have attached thereto a distinguishing tag, sign, permit or other marker issued by the finance department upon the granting or renewal of a permit, which shall bear a permit number identifying the peep show device as a particular device permitted pursuant to the terms of this Code. Such permit shall be affixed in a conspicuous location on each device and shall remain thereto until a new or different permit has been issued therefor. No permit shall be transferable from one person to another or from one device to another.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment unless any wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located is constructed of not less than one-hour fire-resistive material.

(Ord. No. NS-1081, § 1, 5-17-71)

No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a peep show establishment unless each and all of the following requirements are met:

(a) A minimum of one toilet and wash basin shall be provided for the patrons in every peep show establishment. Each wash basin shall be provided with soap or detergent and sanitary towels placed in permanently installed dispensers. A trash receptacle shall be provided in each toilet room.

(b) In toilet rooms, a waterproof floor covering shall be provided which extends up the walls at least six (6) inches and shall be covered at the floor-wall juncture with at least a three-eighths-inch radius. Walls of toilet rooms shall be smooth, waterproof and kept in good repair.

(c) All walls, ceilings, floors, booths and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Toilet rooms shall be thoroughly cleaned at least once each day the business is in operation.

(d) All establishments shall be so equipped, maintained and operated as to effectively control the entrance, harborage and breeding of vermin, including flies. When flies or other vermin are present, effective control measures shall be instituted for their control or elimination.

(e) There shall be no doors or curtains on the entrance to any toilet stall; and there shall be no locks or bolt on the door to the toilet facility.

(f) Position of film or peep show device:

(1) All viewing areas must be visible from a continuous main aisle and must not be obscured by any curtain, door, wall or other enclosure.

(Ord. No. NS-1652, § 4, 11-1-82)

No person shall operate a peep show establishment in which the width of the aisles in any room where a peep show device is located is less than forty-two (42) inches.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment unless there are no fewer than two (2) doorways of a width no less than thirty-six (36) inches which provide ingress or egress from any room in which a peep show device is located; provided, however, that one (1) doorway shall be sufficient in the event the fire chief should so determine. Doorway or doorways shall be unlocked during business hours.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment unless over every doorway which provides egress from any room in which a peep show device is located an internally illuminated exit sign with letters at least five (5) inches in height is maintained.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment unless each peep show device located in such establishment is situated so as to permit the person using the peep show device to have a constantly unobstructed view of the doorway or doorways which provide ingress to or egress from the establishment.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment unless a light level of no less than ten (10) foot candles at floor level is maintained in every portion of said establishment to which the public is admitted.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room where a peep show device is located exceeds one (1) person per thirty (30) square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall operate a peep show establishment in which the number of peep show devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located. The maximum number of peep show devices permitted in any room or partitioned portion of a room in a peep show establishment shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room.

(Ord. No. NS-1081, § 1, 5-17-71)

No person shall deny the city manager or his delegate free access to a peep show establishment for purposes of a reasonable inspection to enforce compliance with building, fire, electrical or plumbing regulations.

(Ord. No. NS-1081, § 1, 5-17-71)

In addition to the legal remedies provided for in this Code, the operation of any peep show establishment in violation of the terms of this Code shall be deemed a public nuisance and may be, by the City of Santa Ana, enjoined.

(Ord. No. NS-1081, § 1, 6-17-71)

The county health officer shall periodically make inspections of peep show establishments located in the City of Santa Ana to determine if the proprietors or operators of such establishments are complying with the provisions of this chapter. The proprietor of such establishment shall pay such fees as may be established by the County of Orange as reimbursement for the services provided by the county health officer and retained by the county.

(Ord. No. NS-1321, § 1, 9-20-76; Ord. No. NS-2145, § 1, 9-16-91)