Stanton Municipal Code Ch. 5.65 Regulation of Adult-Oriented Businesses

It is the purpose of this chapter to regulate the operation of adult-oriented businesses to promote the health, safety and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials or expressive conduct that is protected by the First Amendment of the United States Constitution or the relevant provisions of the California State Constitution.

(Ord. 891 § 5, 2004)

The following terms when used in this chapter shall have the meanings indicated below:

"Adult cabaret dancer"

means any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually-oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." Adult cabaret dancer does not include such a patron.

"Adult-oriented business"

means any business where employees, independent contractors or patrons expose specified anatomical areas or engage in specified sexual activities, or any business which offers to its patrons services or entertainment distinguished or characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.

Adult-oriented businesses do not include bona fide medical establishments operated by properly state of California licensed and registered medical personnel with appropriate medical credentials issued by the state of California for the treatment of patients; provided, however, that state of California licensed and registered medical personnel shall be present on the premises during any such treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where specified anatomical areas may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering either prior to or after use of the athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater, as defined in this section. Adult-oriented businesses do not include those uses or activities, if any, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, employees or independent contractors to appear in any place in attire which does not opaquely cover specified anatomical areas. In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material distinguished or characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct. Adult-oriented businesses include, but are not limited to, the following:

"Adult-oriented live entertainment"

means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance or act participated in by one or more persons, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or relating to "specified sexual activities" whether or not the specified anatomical areas are covered.

"Business or commercial establishment"

means a place to which the public, or a portion thereof, is admitted without substantial restrictions.

"Entertainer"

means an employee or independent contractor at an adult-oriented business, but shall not include a patron.

Nudity or a state of nudity.

For a female person, "nudity" or "state of nudity" means bare genitals, pubic area, natal cleft or areolae or genitals, pubic area, natal cleft and areolae that are covered by clothing but the clothing: (1) is less than opaque; (2) covers less than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae; or (3) simulates or gives the appearance of the body part that it covers. For a male person, "nudity" or "state of nudity" means bare genitals, pubic area or natal cleft or genitals, pubic area and natal cleft that are covered with clothing but the clothing: (1) is less than opaque; (2) covers less than the entire genitals, three inches across the pubic area and the entire length of the natal cleft; or (3) simulates or gives the appearance of the body part that it covers.

Semi-nude.

For a female person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, commonly referred to as a G-string and pasties, covers no more than the entire genitals, three inches across the pubic area, the entire length of the natal cleft and the entire areolae. For a male person, "semi-nude" means a state of dress in which opaque clothing, including supporting straps or devices, covers no more than the entire genitals, three inches across the pubic area, and the entire length of the natal cleft. The opaque clothing may not simulate or give the appearance of the male or female body part that it covers.

Specified anatomical areas.

"Specified anatomical areas" means and includes any of the following human anatomical areas:

Less than completely and opaquely covered genitals, pubic area, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

Male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities.

"Specified sexual activities" means and include any of the following:

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

Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

Human masturbation, actual or simulated;

The actual or simulated infliction of pain by one human upon another or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic area, or, if such person is a female, a breast;

Sex acts, actual or simulated, between a human being and an animal, including, but not limited to, intercourse, oral copulation or sodomy;

Excretory or urinary functions as part of, or in connection with, any of the activities set forth in subsections (1) through (5) of this definition.

(Ord. 891 § 5, 2004; Ord. 983 § 2, 2011; Ord. 986 § 2, 2011)

A. The adult-oriented business shall be operated in strict compliance with all applicable codes and regulations, including building, fire, and health and safety codes.

B. All off-street parking spaces and walkways serving, and entrances to, the premises of the adult-oriented business shall be illuminated from sunset to thirty minutes after closing time with a permanently installed lighting system that provides an average of not less than 1 candle-foot of illumination evenly distributed and measured at ground level.

C. All interior areas of the premises of the adult-oriented business to which patrons are allowed access, including restrooms, shall be illuminated by a lighting system that provides an average of not less than ten candle-foot of illumination evenly distributed and measured at floor level, except as otherwise provided in this chapter.

D. No material, object or activity depicting, describing or relating to specified sexual activities or specified anatomical areas shall be visible from anywhere outside the interior premises of the adult-oriented business. No exterior door or window shall be propped or kept open while the premises are open for business, and all exterior windows shall be covered with opaque covering at all times.

E. Noise generated inside the premises of the adult-oriented business shall not be audible anywhere on any adjacent property or public right-of-way, within any other building, or on the premises of any other business that is located in the same building as the adult-oriented business is located. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.

F. No adult-oriented business shall operate between the hours of two a.m. and nine a.m. No owner, operator, manager, employee or independent contractor of an adult-oriented business regardless of whether or not a permit has been issued for the business under the provisions of this code, shall allow such business to remain open for business or no owner, operator, manager or employee of an adult-oriented business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of two a.m. and nine a.m.

G. The entrances to the premises of the adult-oriented business shall be separate from the entrances to any other businesses located in the same building as the adult-oriented business.

H. Each entrance to the premises of the adult-oriented business shall be clearly and legibly posted with a sign, not less than twenty-four inches by thirty-six inches in area, indicating that persons under the age specified are prohibited from entering the premises during business hours. The specified age shall be eighteen if alcoholic beverages are not served on the premises and twenty-one if alcoholic beverages are served on the premises. No person under the specified age shall be allowed on the premises during business hours.

I. All interior areas of the premises of the adult-oriented business within which patrons are allowed access, except restrooms, shall be configured so as to be open to direct line of sight view at all times from a manager's station. Visibility shall not be blocked or obscured by curtains, doors, partitions or any other obstruction. It is the duty of the owner, operator, permit holder and/or business licensee to ensure that at least one employee is on duty and situated at each manager's station at all times that the business establishment is open to the public, or any portion thereof. It is also the duty of the owner, operator, permit holder, business licensee, and/or independent contractors present on the premises to insure that the view area required from the manager's station to any patrons areas of the business establishment remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application approved for any adult-oriented business pursuant to this code, or which area is required by this code to prohibit patrons.

J. At least one manager shall be on duty in the manager's station at all times while an adult-oriented business is open for business or open to the public or any portion thereof. The manager shall be the operator of the adult-oriented business or a person lawfully employed by the operator to serve as manager. At all times that a manager is on duty, his or her name shall be clearly and conspicuously posted on the premises. Each adult-oriented business shall also have at least one permanently located manager's station inside the premises. The interior of the premises shall be configured in such a manner that there is an unobstructed view from at least one manager's station of every portion of the premises to which patrons are allowed access, excluding restrooms.

K. Security shall be provided according to the following standards:

1. At all times that an adult-oriented business is open for business, at least one security guard shall be on duty on the premises, if the adult-oriented business provides adult live entertainment. If the premises have more than one public entrance, an additional security guard shall also be on duty;

2. At all times after nine p.m. that any adult-oriented business, other than one that provides adult live entertainment, is open for business, at least one security guard shall be on duty on the premises. If the premises have more than one public entrance, an additional security guard shall also be on duty;

3. The security guards shall patrol the premises and the lot or parcel on which the premises are located in order to prevent violations of law from occurring on premises and to ensure compliance by patrons with the requirements of this chapter. No security guard required by this subsection shall perform any other function, including, but not limited to, the functions of a door person, ticket seller, ticket taker, manager, salesperson, food server, beverage server, or entertainer, while acting as a security guard. Each security guard shall be uniformed so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard in accordance with applicable provisions of California law and in compliance with Chapter 5.32 of this code;

4. All interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than one foot-candle of light;

5. For adult-oriented businesses which exceed an occupant load of one hundred twenty-five persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved by the city. Security personnel shall be licensed in accordance with the California Business and Professions Code and in compliance with Chapter 5.32 of this code.

L. All restrooms on the premises of the adult-oriented business shall be maintained in good repair, with the floors and walls clean and free of waste and bodily secretions. Each restroom shall also be maintained free and clear of material or objects that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

M. In the event that more than one person is allowed in a restroom at any one time, a restroom attendant of the same sex as the users of the restroom shall be present in the public portion of the restroom at all times while the adult-oriented business is open to the public or any portion thereof. The attendant shall be the operator of the business or a person lawfully employed by the operator, provided, however, no manager on duty shall serve as the attendant. The attendant shall insure that no person of the opposite sex enters the restroom, that only one person at a time is in a restroom stall and that no person engages in any specific sexual activity in the public portion of the restroom, except urination into a urinal or excretion into a toilet and disrobing necessarily associated with those bodily functions.

N. No patron shall be allowed in any area of the premises of the adult-oriented business that is not open to the public.

O. Private Viewing Areas.

1. Every private viewing area, such as a booth, cubicle or stall, shall have at least one hundred square feet of floor area. There must be a direct line of sight from a manager's station to the interior of each private viewing area at all times. The entrance to each such area must be at least as wide as the widest part of the area, and the entrance shall not be furnished with any door, curtain or covering. The walls or partitions between private viewing areas shall extend to the floor, be at least seven feet in height, and be constructed of solid, opaque material such that the occupant of one area cannot be seen by or see the occupant of any adjoining area.

2. No private viewing area shall be occupied by more than one patron at any one time. No one other than a single patron, except a manager on duty in the performance of his or her official duties, shall enter a private viewing area at any time.

3. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

4. No beds shall be permitted in an adult booth/individual viewing area.

5. The interior of each private viewing area shall be illuminated by a lighting system that provides an average of not less than ten foot-candles of illumination evenly distributed and measured at floor level.

6. The floor, walls, seat and other interior portion of each booth shall be maintained in good repair, clean and free from waste and bodily secretions. No tissue boxes or waste receptacles shall be provided or maintained in any private viewing areas.

P. The operator shall not permit any doors on the premises to be locked during business hours, except those areas that are not open to the public or any portion thereof, such as administrative offices. In addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

Q. No entertainer shall be allowed to accept any pay or gratuity directly from any patron while performing. No patron shall be allowed to directly pay or give any gratuity to an entertainer while the entertainer is performing. While an entertainer is performing adult live entertainment, any tips or gratuity shall be placed in receptacles for that purpose. Patrons shall not throw tips to entertainers, hand tips directly to the entertainers, or place tips in the entertainers' costumes.

R. No entertainer shall be allowed to enter or exit the interior premises of the adult-oriented business via a door that is used by patrons. The adult-oriented business shall provide an entrance/exit to the premises for entertainers, employees or independent contractors, which entrance/exit is separate from the entrance/exit used by patrons.

S. A daily log of entertainers shall be maintained on the premises of the adult-oriented business. The name and city adult entertainer permit number of the entertainer together with the time of the performance shall be entered into the log prior to the commencement of the performance. The log shall be available for inspection by any police officer or health officer of the city at any time during which the adult-oriented business is open for business.

T. Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

(Ord. 891 § 5, 2004; Ord. 983 § 3, 2011; Ord. 986 § 3, 2011)

No patron of, or visitor to, an adult arcade shall be allowed to stand idly by in the vicinity of any booth. A patron who is waiting for a booth shall remain in the common area of the premises, and no patron or visitor who is not actively engaged in reviewing the merchandise that is for sale or rent shall be allowed to remain in the common area. Signs prohibiting loitering shall be clearly and conspicuously posted in the vicinity of the booths.

(Ord. 891 § 5, 2004; Ord. 986 § 4, 2011)

The following regulations shall apply to all adult businesses which offer adult-oriented live entertainment, in addition to the regulations in Sections 5.65.014, 5.65.016 and any other applicable regulations or law:

A. The interior premises of a business offering adult-oriented live entertainment shall be illuminated by a lighting system that provides an average of not less than five foot-candles of illumination evenly distributed and measured at floor level, except during performances at which time the illumination shall be not less than one and a quarter foot-candles evenly distributed and measured at floor level.

B. Any stage on the premises of a business offering adult-oriented live entertainment shall be screened from public view from outside the premises.

C. No entertainer shall be allowed to perform adult-oriented live entertainment on the premises of an adult business, except on a stage that is at least eighteen inches above the level of the floor and that is separated by a distance of at least six feet from the nearest area occupied by patrons. No patron shall be allowed within six feet of any stage while the stage is occupied by an entertainer performing adult-oriented live entertainment on the premises. No entertainer shall have physical contact with any patron, and no patron shall have physical contact with any entertainer while such entertainer is performing adult-oriented live entertainment. This subsection shall not apply to performances that take place behind Plexiglas or other similar material which extends from the floor to the ceiling, provided that patrons are completely separated from entertainers.

D. No entertainer shall be allowed to appear nude or semi-nude on the premises of an adult business, except in a dressing room designated for entertainers and employees or independent contractors of the adult business and to which patrons are excluded, while on stage, or while moving directly between the stage and the dressing room. Except in compliance with these provisions, no other person, including a patron, shall be allowed to appear nude or semi-nude on the premises of the adult business.

E. No entertainer, while performing on the premises of an adult business which provides or sells alcohol, shall be allowed 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 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.

F. No entertainer who performs adult-oriented live entertainment shall be allowed to move between the stage and the dressing room, except via a corridor that is completely separated from the area of the adult business that is occupied by patrons or, if such separate access is not physically feasible, an aisle, at least six feet wide, that is provided between the dressing room and the stage when the entertainer is entering or exiting the stage. While in the aisle, no entertainer who performs adult-oriented live entertainment shall be allowed to touch, speak to, or fraternize with, any patrons. This prohibition does not extend to incidental touching.

G. As to off-stage performances, no entertainer shall perform adult live entertainment off-stage. No off-stage performance may include adult-oriented live entertainment.

1. As to any entertainer then performing off stage, including adult cabaret dancers, a distance of at least two feet shall be maintained between the entertainer and patron(s) at all times.

2. As to off-stage performances, no entertainer, including adult cabaret dancers, shall have physical contact with any patron and no patron shall have physical contact with any entertainer or adult cabaret dancer while the entertainer or dancer is performing on the premises. This prohibition does not extend to incidental touching.

H. No entertainer, including adult cabaret dancers, shall be allowed to accept any pay or gratuity directly from any patron while performing. No patron shall be allowed to directly pay or give any gratuity to an entertainer, including adult cabaret dancers, while the entertainer or dancer is performing. While an entertainer or adult cabaret dancer is performing, any tips or gratuity shall be placed in receptacles for that purpose. Patrons shall not throw tips to entertainers or adult cabaret dancers, hand tips directly to the entertainers or dancers, or place tips in the entertainers' or dancers' costumes.

I. No entertainer or adult cabaret dancer shall be allowed to enter or exit the interior premises of the adult-oriented business via a door that is used by patrons. The adult-oriented business shall provide an entrance/exit to the premises for entertainers, adult cabaret dancers, employees or independent contractors, which entrance/exit is separate from the entrance/exit used by patrons.

J. A daily log of entertainers and/or adult cabaret dancers shall be maintained on the premises of the adult-oriented business. The name and city adult entertainer permit number of the entertainer together with the time of the performance shall be entered into the log prior to the commencement of the performance. The log shall be available for inspection by any police officer or health officer of the city at any time during which the adult-oriented business is open to the public or any portion thereof.

(Ord. 986 § 54, 2011)

The operator of an adult-oriented business shall allow representatives of the finance department, fire department, planning department or police department of the city to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the provisions of this chapter at any time that the adult-oriented business is open for businesses.

(Ord. 891 § 5, 2004)

A. No entertainer shall perform adult-oriented entertainment in the city, except on the premises of an adult-oriented business. Nor shall any entertainer perform adult-oriented entertainment between the hours of two a.m. and nine a.m.

B. No entertainer shall perform adult-oriented entertainment on the premises of an adult-oriented business, except on a stage that is at least eighteen inches above the level of the floor and that is separated by a distance of at least six feet from the nearest area occupied by patrons. This subsection shall not apply to performances that take place behind Plexiglas or other similar material which extended from the floor to the ceiling, provided that patrons are completely separated from entertainers.

C. No entertainer shall appear in the nude on the premises of an adult-oriented business which sells or provides alcohol, except in a dressing room that is maintained for the exclusive use of entertainers.

D. No entertainer shall appear nude or semi-nude on the premises of an adult-oriented business, except in the dressing room, while on stage, or while moving directly between the stage and the dressing room.

E. No entertainer who performs adult-oriented entertainment on the premises shall move between the stage and the dressing room except via a corridor that is completely separated from the area of the adult-oriented business that is occupied by patrons or, if the adult-oriented business does not contain such a corridor, an aisle that is at least six feet wide. While in the aisle, no entertainer shall touch, speak to, or fraternize with, any patron. This prohibition does not extend to incidental touching.

F. As to off-stage performances, no entertainer shall perform adult live entertainment off-stage. As to any entertainer then performing off-stage, a distance of at least two feet shall be maintained between the entertainer and patron(s) at all times. As to off-stage performances, no entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while the entertainer is performing on the premises. This prohibition does not extend to incidental touching.

G. No entertainer shall have physical contact with any patron while performing adult live entertainment on the premises of the adult-oriented business.

H. No entertainer who performs live adult-oriented entertainment on the premises shall accept any pay or gratuity directly from any patron while performing on the premises of the adult-oriented business.

I. No entertainer who performs live adult-oriented entertainment on the premises shall enter or exit the interior premises of the adult-oriented business via a door that is used by patrons.

J. No entertainer shall enter a restroom on the premises of an adult-oriented business that is posted for use by members of the opposite sex, except to carry out duties of repair, maintenance or cleaning of the restroom.

(Ord. 986 § 6, 2011)

Notwithstanding any other provision of this code to the contrary, a violation of this chapter shall not constitute a misdemeanor or an infraction. A violation of this chapter, or any provision hereof, is declared to constitute a public nuisance, which may be abated or enjoined by an action filed in the superior court for the county of Orange.

(Ord. 891 § 5, 2004)

A person operating an adult-oriented business shall cause a sign to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with 14 point type, set forth in all capitals, which reads:

No person shall intentionally touch an employee or independent contractor who is displaying or exposing any less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae or human male genitals in a discernibly turgid state, even if completely and opaquely covered, or engaging in or simulating any of the following:

1. The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts;

2. Human sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Human masturbation, actual or simulated;

4. The actual or simulated infliction of pain by one human upon another, or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;

5. Sexual intercourse, actual or simulated, between a human being and an animal; or

6. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (5), above.

(Ord. 891 § 5, 2004)