Solvang Municipal Code Ch. 8 Adult-Oriented Businesses

It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

The city council finds and determines as follows: on September 10, 1998, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F. 3d 1097 (1998), holding that adult use business licensing ordinances are required to provide for prompt hearing and prompt judicial review for persons whose license or permit applications had been denied. On January 14, 2000, the Ninth Circuit issued its opinion in Baby Tam & Co., Inc. v. City of Las Vegas, No. 99-16809, making further holdings in this regard. The city council finds that the time allowances in this chapter are the shortest fixed periods compatible with the balancing between sound planning and land use and protection of First Amendment freedoms. The city council finds that these time frames are reasonable in that the city is granting or denying an adult use permit within seven days of the filing of a completed application for such permit. After this filing of an appeal of a decision to grant, conditionally grant or deny an application, the city council conducts a public hearing on such appeal and renders a written decision.

(Ord. 00-206, 2000)

For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

Adult-Oriented Businesses.

Any one of the following:

Adult Arcade.

An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore.

An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret.

A nightclub, restaurant or similar a business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) regularly features persons who appear semi-nude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Hotel/Motel.

A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases or lets 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, films, computer generated images, motion pictures video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon 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 which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Modeling Studio.

A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education, nor 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.

Adult-Oriented Business Operator or Operator.

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

Applicant.

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

Bar.

Any commercial establishment licensed by the state department of alcoholic beverage control to serve any alcoholic beverages on the premises.

Distinguished or Characterized by an Emphasis Upon.

Refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Figure Model.

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

Health Officer.

The health officer of the city or duly authorized representative.

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 nipple, or the showing of the covered male genitals in a discernible turgid state.

Operate an Adult-Oriented Business.

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

Permittee.

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

Person.

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

Police Chief.

The police chief of the city or the authorized representatives thereof.

Regularly Features.

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

Semi-Nude.

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.

Specified Anatomical Areas.

Includes any of the following:

Less than completely and opaquely covered human: (a) genitals or pubic region, (b) buttocks, and (c) female breast below a point immediately above the top of the areola;

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

Any device, costume or covering that simulates any of the body parts included in subsection A or B of this definition.

Specified Sexual Activities.

Includes any of the following, whether performed directly or indirectly through clothing or other covering:

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

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

Masturbation, actual or simulated;

Excretory functions as part of or in connection with any of the other activities described in subsections A through C of this definition.

(Ord. 00-206, 2000)

The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to deal with the provisions of this chapter, and he or she is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses, and in granting, denying and renewing any adult business employee permits.

(Ord. 00-206, 2000)

An applicant or permittee shall permit representatives of the police department, health department, fire department, planning division or other city departments or agencies to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. 00-206, 2000)

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

(Ord. 00-206, 2000)

Article A1. Permits

§ 4-8A1-1. Permits required.

A. Adult-Oriented Business Regulatory Permit. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

B. Adult-Oriented Business Performer Permit. It is unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required.

(Ord. 00-206, 2000)

§ 4-8A1-2. Adult-oriented business regulatory permit.

Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the city's designee upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

(Ord. 00-206, 2000)

§ 4-8A1-2-1. Application for permit.

A. Adult-oriented business regulatory permits are nontransferable, except in accordance with section 4-8A1-2-4 of this article. Therefore, all applications shall include the following information:

1. If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

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

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

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

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

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

E. The address to which notice of action on the application is to be mailed.

F. The names of all employees, independent contractors, and other persons who will perform at the adultoriented business, who are required by section 4-8A1-3 of this article to obtain an adult-oriented business performer license (for ongoing reporting requirements see section 4-8A1-3 of this article).

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

H. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by section 4-8B-1(C) of this chapter.

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

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

(Ord. 00-206, 2000)

§ 4-8A1-2-2. Investigation and action on application.

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

B. Upon receipt of an application properly filed with the city, and upon payment of the nonrefundable application fee the city or its designee shall immediately stamp the application as received on that date.

C. Within 30 days of receipt of the completed application, the city's designee shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

1. The city's designee shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the city's designee shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the city's designee shall attach to the application an adult-oriented business regulatory permit.

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

D. The city's designee shall grant the application and issue the adult-oriented business regulatory permit upon findings that the proposed business meets the locational criteria of section 11-14-3 of this code; and that the applicant has met all of the development and performance standards and requirements of section 4-8B-1 of this chapter, unless the application is denied for one or more of the reasons set forth in section 4-8A1-2-3 of this article. The permittee shall post the permit conspicuously on the adult-oriented business premises.

E. If the city's designee grants the application or if the city's designee neither grants nor denies the application within seven days after it is stamped as received (except as provided in section 4-8A1-2-1(J) of this article), the applicant may begin operating the adult-oriented business for which the permit was sought subject to strict compliance with the development and performance standards and requirements of section 4-8B-1 of this chapter.

(Ord. 00-206, 2000)

§ 4-8A1-2-3. Permit denial.

The city's designee shall deny the application for any of the following reasons:

A. The building, structure, equipment or location used by the business for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements of these regulations.

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

C. An applicant is under 18 years of age.

D. The required application fee has not been paid.

E. The adult-oriented business does not comply with the zoning ordinance locational standards sections 11-14-3 and 11-14-4 of this code.

(Ord. 00-206, 2000)

§ 4-8A1-2-4. Transfer of permits.

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

B. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adultoriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the city's designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city's designee in accordance with sections 4-8A1-2 and 4-8A1-2-1 of this article, accompanies the application with a transfer fee in an amount set by resolution of the city and the city's designee determines in accordance with section 4-8A1-2-2 of this article that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the city's designee has notified the permittee that the permit has been or may be suspended or revoked.

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

(Ord. 00-206, 2000)

§ 4-8A1-3. Adult-oriented business performer permit.

No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by section 4-8A1-2 of this article, with the names of all performers required to obtain an adult-oriented business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.

(Ord. 00-206, 2000)

§ 4-8A1-3-1. Application for permit.

A. Filing of Application. The application for an adult-oriented business employee permit shall be made on a form provided by the city's designee. An original and two copies of the completed and sworn permit application shall be filed with the city's designee. 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 ever been convicted of:

a. Any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d), as those sections now exist or may hereafter be amended or renumbered;

b. The equivalent of the aforesaid offenses outside the state of California;

6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. 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 or registered or authorized to engage in prostitution;

7. State driver's license or identification number;

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

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

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

B. Fee. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the city council.

C. Review of Application.

1. Upon receipt of an application and payment of the application fees, the city's designee shall immediately stamp the application as received and promptly investigate the application.

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

(Ord. 00-206, 2000)

§ 4-8A1-3-2. Investigation and action on application.

A. Within five days after receipt of the properly completed application, the city's designee shall grant or deny the application and so notify the applicant as follows:

1. The city's designee shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the city's designee shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the city's designee shall attach to the application an adult-oriented business employee permit.

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

B. The city's designee shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C. If the city's designee grants the application or if the city's designee neither grants nor denies the application within five days after it is stamped as received (except as provided in section 4-8A1-3-1(C)(2) of this article), the applicant may begin performing in the capacity for which the license was sought.

D. The city's designee shall deny the application for any of the following reasons:

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

2. The applicant is under 18 years of age;

3. The adult-oriented business employee permit is to be used for performing in a business prohibited by state or city law;

4. The applicant has been registered in any state as a prostitute;

5. The applicant has been convicted of any of the offenses enumerated in section 4-8A1-3-1(A)(5) of this article or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

E. Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the city's designee a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 00-206, 2000)

§ 4-8A1-3-3. Appeal of denial, suspension or revocation.

A. Administrative Appeal to the City Council. After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the city council, under the provisions of this code.

B. Expedited Review of Free Speech Claims.

1. An administrative appeal shall be heard and decided at the next regularly scheduled city council meeting when the written request for an administrative appeal alleges that the administrative action constitutes a violation of the applicant's or permittee's state or federal constitutional rights to free speech, press or expression. If affirmed by the city council, the administrative action is subject to prompt review by the superior court for the state of California, in and for the county of Santa Barbara, pursuant to Code of Civil Procedure section 1094.5 et seq. Additionally, the applicant or permittee may seek a temporary or preliminary injunction, stay of the administrative action pending judicial review and/or a permanent injunction or declaratory relief.

2. In the event that applicant or permittee files a petition for writ of administrative mandate pursuant to Code of Civil Procedure, section 1094.8 et seq., alleging a violation of state or federal constitutional rights to free speech, press or expression, and seeks an expedited briefing schedule, the city clerk shall prepare and make available to petitioner the administrative record within five court days of a written request therefor filed with the city clerk. The city shall also file with its first responsive pleading in the mandate proceeding a written request that a decision on the petition for writ of administrative mandate be entered in the minutes at the conclusion of the hearing thereon. The city hereby designates each permit mentioned in this chapter as being eligible for expedited review pursuant to Code of Civil Procedure section 1094.8.

3. In the event that the city council denies the appeal of a suspension or revocation and the permittee seeks review of that decision in a court of law of competent jurisdiction, the effect of the decision will be stayed until further order of that court.

C. Suspension or Revocation of Permit. After an investigation, notice and hearing, the city manager or designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented established that one of the following conditions exist:

1. The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the state of California and chapters of the city applicable to such business operations.

2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for sexually oriented business permit, in any report or record required to be filed with the city pertaining to the permit for the sexually oriented business or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses including those set out in this chapter.

3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity on or in the subject premises.

4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity on or in the subject premises.

5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the State Uniform Controlled Substances Act, Health Safety Code section 11000 et seq., as amended from time to time.

6. More than 30 days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.

(Ord. 00-206, 2000)

§ 4-8A1-4. Continued operation prohibited.

A. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business so closed shall be disqualified from operating any other sexually oriented business established thereafter within the city for a period of one year commencing on the date that the permit was revoked.

B. In the event that a permit for a sexually oriented business is suspended pursuant to any applicable law, the operators of the subject sexually oriented business shall be disqualified from operating the subject sexually oriented business as well as any other sexually oriented business established thereafter within the city during the entire period of such suspension.

(Ord. 00-206, 2000)

§ 4-8A1-5. Time limit for filing applications.

All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business and all persons required by this chapter to obtain an adult-oriented business performer permit, must apply for and obtain such a permit within 90 days of the effective date of this chapter. Failure to do so and continued operation of an adult-oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business, after such time without a permit shall constitute a violation of this chapter.

(Ord. 00-206, 2000)

§ 4-8A1-6. Employment of persons without permits.

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

(Ord. 00-206, 2000)

Article B. Facilities and Employees

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

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

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

E. Except for those businesses also regulated by the California department of alcoholic beverage control, an adult-oriented business shall be open for business only between the hours of eight (8:00) a.m. and twelve (12:00) midnight on any particular day.

F. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the planning/community development director or designee. No person under the age of 18 years shall be permitted within the premises at any time.

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

H. Any adult-oriented business which is also an adult arcade shall comply with the following provisions:

1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. 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 from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

2. The view area specified in subsection (H)(5) of this section shall remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

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

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

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

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

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

J. The adult-oriented 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, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

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

1. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer. "Entertainer" means any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

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

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

4. The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three foot-wide 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 capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

5. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

6. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

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

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

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

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

2. Security guards for other adult-oriented businesses may be required, if it is determined by the police chief, that their presence is necessary in order to prevent any of the conduct listed in subsection (H)(1) of this section from occurring on the premises.

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

(Ord. 00-206, 2000)

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

(Ord. 00-206, 2000)

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

B. The police chief shall provide each adult-oriented business performer required to have a permit pursuant to this chapter, with an identification card containing the name, address, photograph and permit number of such performer. An adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(Ord. 00-206, 2000)

A. It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to employ or provide any service for which it requires such permit to any person who is not at least 18 years of age.

B. It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.

(Ord. 00-206, 2000)