Chapter 9.64 — ADULT ORIENTED BUSINESSES

Sections:

• 9.64.010 Purpose.
• 9.64.020 Definitions.
• 9.64.030 Permit required; sex clubs prohibited.
• 9.64.040 Application requirements.
• 9.64.050 Findings and criteria.
• 9.64.060 Permit Duration and renewal.
• 9.64.070 Permits are nontransferable and use specific.
• 9.64.080 Inspections.
• 9.64.090 Enforcement and revocation.
• 9.64.100 Violation​Penalty.

A. The intent of this chapter is to regulate adult oriented businesses which, because of their very nature, are believed to have significant adverse secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult oriented businesses; higher crime rates; noise; debris or vandalism in the vicinity of adult oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods near the adult oriented businesses. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult oriented businesses to their intended market. B. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 2004-07-1334 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

For the purpose of carrying out the intent of this chapter, words, phrases and terms shall be deemed to have the meaning ascribed to them in this section; if not specifically defined in this section, words, phrases and terms in this chapter shall be

deemed to have their normal and generally accepted meaning. A. "Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented material and/or merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "Adult oriented business" for definition of regular and substantial portion of its business.) B. "Adult cabaret" means a nightclub, bar, lounge, restaurant, gentlemen's club, topless bar or similar establishment or concern which features, as a regular and substantial course of conduct, any type of live entertainment, striptease, topless or nude dancing, lap dancing, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. C. "Adult hotel/motel" means a motel, hotel or similar commercial establishment which:

1. Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, 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 parts and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off- premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
2. Offers a sleeping room for rent for a period of time less than ten hours; or
3. Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours. D. "Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom, which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the California Education Code. E. "Adult motion picture arcade" means any business establishment or concern containing coin- or slug-operated or manually or electronically controlled still, motion picture or video machines, projectors, computer monitors or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. F. "Adult oriented business" means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio or adult hotel/motel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. G. "Adult oriented business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
4. The area devoted to sexually oriented merchandise and/or sexually oriented material exceeds more than ten percent, or two hundred fifty square feet, whichever is less, of the total display or floor space area open to the public;
5. The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;
6. The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
7. The regular and substantial course of conduct of the business consists of or involves

significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or 4. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. H. "Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or

specified anatomical parts. I. "Director" means director of community development for the city, unless specified otherwise. J. "Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class. K. "Permittee" or "permit holder" means the person or persons issued a valid business permit. The permittee shall be the owner of the real property where the business is located, except that an adult oriented business permit may be issued to, in addition to the property owner, any person who performs any part of the management or operation of the adult oriented business on a regular basis. L. "Sex club" means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a "public or semipublic portion of an establishment" shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty-hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, a "sex club" is also any place which represents itself to any person or group of persons as a place for persons to engage in specified sexual activities. M. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts. N. "Sexually oriented merchandise" means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. O. "Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. P. "Specified sexual activities" means:
3. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
4. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
5. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
6. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
7. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
8. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
9. Human excretion, urination, menstruation, vaginal or anal irrigation; and
10. Striptease, stripping, topless or nude dancing or the removal of clothing to the point where specified anatomical parts are not opaquely covered. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

A. No adult oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult oriented business permit and a business license from the City of Signal Hill. B. In addition to all new businesses, this chapter shall apply to any adult oriented business currently operating, engaging in, conducting or carrying on business within the city as of the time this chapter is adopted. The director shall process any applications submitted. If the permit is denied, the applicant may appeal the denial in the manner provided in Section 5.04.220 of the Signal Hill Municipal Code, and the appeal shall be noticed, heard and decided as provided therein. C. Notwithstanding any other provision of this chapter, sex clubs, as defined in Section 9.64.020, are prohibited.

(Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

A. Only the property owner is eligible to request an adult oriented business permit, except that an adult oriented business permit may be issued to, in addition to the property owner, any person who performs any part of the management or operation of the adult oriented business on a regular basis. B. In addition to any other information requested by the director reasonably related to processing the permit application, the following information is required at the time an adult oriented business permit is submitted to the community development department:

1. A completed, notarized adult oriented business permit application signed by all property owners, or if any property owner is not an individual, signed by legal representatives of the owners;
2. A deposit of two thousand five hundred dollars or other sum as set forth by ordinance or resolution of the city council, from which the city shall deduct the actual and reasonable administrative costs associated with reviewing and processing the application;
3. A letter of justification describing the proposed project and explaining how it will comply with the findings and criteria contained in Section 9.64.050; and
4. A security plan to be reviewed by the chief of police. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

A. The director of community development shall issue an adult oriented business permit within thirty days of receipt of a complete application if he/she finds that the plans and application information assures that the adult oriented business will provide and comply with the following:

1. The adult oriented business shall be located in the city's CG (General Commercial) or GI (General Industrial) zoning district.

2. The adult oriented business shall not be located within one thousand feet of any residential zone.

3. The adult oriented business shall not be located within five hundred feet of any lot upon which there is properly located a public park or school or within five hundred feet of any lot used by a religious institution for religious activities at least three times per week. 4. The adult oriented business shall not be located within one thousand feet of another adult oriented business. 5. The adult oriented business shall not be located on any property fronting upon a major highway as defined in the general plan of the City of Signal Hill. For the purpose of this chapter, a property fronts on such a highway if any portion of the property and any portion of the right-of-way for the road have a contiguous boundary.

4. The minimum parking requirements for adult oriented businesses shall be as follows: Business Type Parking Requirements Theaters 1 parking space/3 seats Retail establishments 1 parking space/250 sq. ft. of gross floor area Cabarets 1 parking space/100 sq. ft. of gross floor area Motion picture arcade 1 parking space/ individual viewing area plus 1 parking space/employee Motel/hotel 1 parking space/guest room If the director finds that any specific use or mix of uses necessitates additional parking, the director may increase the number of parking spaces reasonably needed to accommodate the demand for parking.

5. The adult oriented business shall not be located completely or partially within any mobile structure or pushcart.

6. The adult oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.

7. The adult oriented business shall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises.

8. The adult oriented business shall provide a security system that visually records and monitors parking lot areas. All indoor areas of the adult oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.

9. The adult oriented business complies with the city's sign regulations.

10. The adult oriented business complies with the development and design requirements of the zone in which it is to be located.

11. The adult oriented business shall not display any sexually oriented material or sexually oriented merchandise, which would be visible from any location other than from within the adult oriented business.

12. The adult oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.

13. With the exclusion of adult oriented hotels, the adult oriented business shall not operate between the hours of 2:00 a.m. and 9:00 a.m.

14. Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult oriented business has been found guilty within the past two years of a misdemeanor or felony classified by the state oriented business permit or similar permit or license in any city, county, territory or state.

15. The adult oriented business shall provide separate restroom facilities for male and female patrons.

16. All areas of the adult oriented business shall be illuminated at a minimum of 1.25 foot-candles, minimally maintained and evenly distributed at ground level.

17. The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.

18. No building, premises, structure or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 9.64.020. For the purposes of this section, the catch-all phrase "adult oriented business" shall not be considered a single type of adult oriented business.

19. No more than one person may occupy any seat or individual viewing area at any one time.

20. At least one security guard shall be on duty patrolling the grounds and interior areas of the adult oriented business at all times the business is open to the public. All security guards shall be readily identifiable as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard will be required with each fifty persons granted admission to the business. B. The applicant for an adult oriented business shall prepare a "Security Plan" for review by the chief of police, which shall indicate the location of all surveillance cameras and equipment, the identity of the person or persons to be responsible for providing security, the security measures to be taken for all doors and windows, and other information reasonably requested by the chief of police. Applications for an adult oriented business shall not be deemed complete until after the chief of police acknowledges that the security plan is complete in all respects. C. Once a completed application is submitted, approval of an adult oriented business permit is a ministerial action. Public notice shall not be given and there shall be no public hearings regarding the approval or denial of the permit. The director shall deny the requested permit if he or she determines that the applicant cannot adequately show that all of the above findings and criteria will be met. Otherwise, the director shall approve the permit. If the city fails to take action on a completed application within sixty days, the application shall be deemed approved. D. The distances of separation from an adult oriented business to a sensitive land use, as described in paragraph A(2)- (4), shall be made using a straight line, without regard to intervening structures or objects, from the property line of the lot on which the adult oriented business shall be located to the nearest property line of the lot upon which is located the other applicable land use. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

An adult oriented business permit shall be valid for a period of twelve months from the date of issuance. The permit holder shall file a complete renewal application annually. The director shall approve the renewal application provided the business is operated in conformance with this chapter. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

No adult oriented business permit may be sold, transferred or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any proposed transferee shall reapply under this chapter and shall obtain its own permit thereunder. Any increase in the scope of the business or its activities, or any change in the nature or composition of the adult oriented business from one element of an adult oriented business to another element of an adult oriented business, shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location

specified on the permit. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

The permit holder shall permit officers of the City of Signal Hill, the County of Los Angeles, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

A. Revocation Grounds. The director may revoke an adult oriented business permit when he or she determines that any of the following have occurred:

1. Any of the findings and criteria contained in Section 9.64.050 above ceases to be satisfied;
2. The adult business permit or renewal application contains incorrect, false or misleading information;
3. The permittee is convicted of any felony or misdemeanor which is classified as a sex or sex-related offense, any violation of the city's zoning ordinance, any violation of the city's massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state;
4. Any person has been convicted of a sex-related offense as a result of any activity on the premises of the adult oriented business; or
5. Any person or persons has been permitted by the permittee to engage in any specified sexual activities on the premises, or the permittee has failed to take reasonable steps to prevent specified sexual activities on the premises. B. Revocation Notice and Due Process. Upon determining that grounds for permit revocation may exist, the director shall furnish written notice of the proposed revocation to the permit holder. Such notice shall include the principal allegations and reasons for the proposed revocation, the time, date and place where an administrative hearing will be held. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the permit. The director shall notify the permittee of the results of the hearing by posting and mailing, as provided above, not later than fifteen calendar days after the hearing. C. Appeal. Not later than fifteen calendar days after the mailing and posting of the hearing results, any person aggrieved by a decision of the director may file an appeal of said decision in the manner provided in Section 5.04.220 of the Signal Hill Municipal Code, and the appeal shall be noticed, heard and decided as provided therein. D. Reapplication after Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult oriented business permit for a business once its permit has been revoked. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2)

A. Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an non-permitted adult oriented business, or who violates any provisions of this chapter, including but not limited to any provision of Section 9.64.050, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed. B. Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. (Ord. 2004-01-1325 § 4: Ord. 2003-07-1320 § 2: Ord. 2003-05-1317 § 2) Chapter 9.65

PEDESTRIANS PROHIBITED ON MEDIAN ISLANDS Sections:

• 9.65.010 Findings and purpose.
• 9.65.020 Median island defined.
• 9.65.030 Pedestrians prohibited on median islands.

A. The city council finds that pedestrians are stepping and standing upon city-owned median islands located in the center of streets, distracting drivers, placing themselves in harm's way, and trampling landscaping. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify city arterials. There is no intended pedestrian use of such medians. Pedestrians may cross a street at marked crosswalks and do not need to step, stand, sit, or lie on these median islands for any purpose. B. The purpose of this chapter is to protect the public safety of drivers and pedestrians and preserve the aesthetics of the city's landscaped median islands. (Ord. 2023-11-1545 § 14 (part), 2023)

For purposes of this chapter, a median island is a raised and curbed area owned by the city, of variable width, which may or may not contain landscaping or hardscaping features, located in the approximate center of the street, parallel to the travel lanes, separating opposing lanes of motor vehicle traffic and channeling the location of the motor vehicle traffic. (Ord. 2023- 11-1545 § 14 (part), 2023)

Pedestrians are prohibited from stepping, standing, sitting, or lying upon any median island as defined in Section 9.65.020. For purposes of this prohibition, pedestrians do not include city employees or contractors maintaining the median island, emergency personnel or other persons temporarily using the median island because of an accident or vehicular emergency, or persons actively using an existing city crosswalk which intersects a median island and who are otherwise required to step onto a median island for safety reasons. (Ord. 2023-11-1545 § 14 (part), 2023)