Suisun City Municipal Code Ch. 18.48 Adult Business

The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant 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 adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of adult 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 in the vicinity of the adult businesses. It is neither the intent, nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.

Nothing in this chapter 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 regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. No. 743, § 3, 3-21-2017)

"Adult bookstore." Any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, DVDs, CD ROMs, 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 areas. (See "adult business" for definition of regular and substantial portion of its business.)

"Adult business." 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, stripper, adult model studio or adult hotel/motel (but not clothing optional 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. "Adult 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 areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law.

"Adult cabaret." A nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, 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 areas.

"Adult hotel or motel." A hotel or motel which, as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above.

"Adult model studio." 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 areas 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 Education Code.

"Adult motion picture arcade." Any business establishment or concern containing currency, coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, 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 areas.

"Adult theater." 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 areas.

"Body painting studio." Any establishment or business that provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is displaying whole or partial nudity of specified anatomical areas.

"Establish." With reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business:

A. Opening or commencement of operation as a new business.

B. Conversion of an existing business to an adult business.

C. Addition of an adult business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this subsection, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot.

"G-string." An article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.

"Individual viewing area." Any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten persons or less as determined by the development services director under the adopted Uniform Building Code.

"Live art class." 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 areas; 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 pre-registration is required at least 24 hours in advance of participation in the class.

"Live entertainment." Any existent display by a human being which is characterized by an emphasis on specified anatomical areas or specified sexual activities.

"Nude," "nudity," or "state of nudity." The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

"Pasties." An article of clothing that opaquely covers the nipple and areola of the female breast.

"Performer." Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical areas in an adult business.

"Religious institution." A building which is used primarily for religious worship and related religious activities.

"Residentially zoned properties." Property in the RL, RM, RH, RMU, CMU, DWSP zones (with or without planned development overlay) within the city.

"School." An institution of learning for minors, whether public or private which is maintained pursuant to standards set by the state board of education and made applicable to the particular type of school. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the state department of education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.

"Sexually oriented material." Any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, slides, drawing, sculpture, motion picture film, videos, DVDs, CD ROMs, compact disks, other types of photographic reproductions, or other written, oral, or visual representation or presentation 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 areas.

"Sexually oriented merchandise." Sexually oriented implements and paraphernalia, including, 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.

"Specified anatomical areas."

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and

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

"Specified sexual activities."

A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or 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; or

B. Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence; or

C. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or

D. Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks, or female breast; or

E. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

F. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

G. Human excretion, urination, menstruation, vaginal or anal irrigation; or

H. The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering over the nipple and areola of the female breast, and, while covering the cleft between the buttocks and pubic area, covers less than one inch on either side of the entire length of the cleft between the buttocks and two inches across the pubic area.

(Ord. No. 743, § 3, 3-21-2017)

No adult 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 business permit and a business tax certificate from the city.

(Ord. No. 743, § 3, 3-21-2017)

A. Persons Eligible. The property owner, or authorized agent of the property owner, is eligible to request an adult business permit.

B. The information requested below is required at the time an adult business permit application is submitted to the community development department:

1. A complete adult business permit application signed by the property owner or its authorized representative and by the owner of the proposed adult business.

2. A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council.

3. A letter of justification describing the proposed project and explaining how it will satisfy the required findings.

4. Information required for public meetings and hearings.

5. All other information as required by the city's adult business ordinance.

(Ord. No. 743, § 3, 3-21-2017)

A. Determination of Completeness. The development services director upon receipt of an adult business application shall review said application within 30 days of submittal. The basis of this review shall be limited to the requirements of the adult business ordinance including but not limited to findings/location and operational requirements, and application requirements. If the application is determined complete, the development services director shall consider the adult business permit as provided below. Should the application be found incomplete, the applicant shall be advised of the needed or expanded information to complete said application. Upon resubmittal of said application, the review process for completeness shall be the same as the original submittal.

B. Issuance of Permit. The development services director upon acceptance of a complete application shall either approve or disapprove the adult business permit within 30 days. A notice shall be mailed to property owners within 500 feet of the proposed adult business location. The notice shall include a description of the proposed adult business and the proposed location of said business. The development services director shall approve or disapprove said adult business permit. The criteria for approval or disapproval shall be based upon the requirements, findings, location, and operational criteria as established within the adult business ordinance, as adopted by the city. The permit may be issued pending the conclusion and findings of the city police department background investigation. Failure to issue or deny the permit upon the expiration of the time lines identified above the application has been found or deemed to be complete pursuant to this section shall result in the permit being deemed issued by operation of law.

C. Prompt Judicial Review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law.

(Ord. No. 743, § 3, 3-21-2017)

The development services director shall approve and issue an adult business permit if he or she finds that:

A. The adult businesses shall not be located within 300 feet from any residentially zoned or used property, 500 feet of any lot upon which there is properly located a public park or religious institution, 750 feet from any schools or 500 feet from any other adult business establishment as of the day the application for an adult business permit is filed.

The distance of separation required 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 business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school, or other adult use. If the residential use, religious institution, park or school, or other adult business from which the measurement is being taken is located on the same lot as the adult business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.

B. The adult business may only be permitted in the Commercial Service (CSF) zoning district.

C. The adult business shall comply with the city's zoning, building and development regulations.

D. The adult business will not be located completely or partially within any mobile structure or pushcart.

E. The adult business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises.

F. The adult business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will 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, as well as any area of the establishment where a patron can go by way of an invitation of an entertainer.

G. The adult business shall comply with the objective portions of the city's sign regulations.

H. The adult business shall comply with the objective development and design requirements of the zoning district in which it is to be located.

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

J. The adult business shall not allow admittance to any person under the age of 18 if no alcohol is served, or under the age of 21 if alcohol is served.

K. The adult business shall not operate between the hours of midnight and 10:00 a.m.

L. For the five years prior to establishing the adult business and at all times during its operation in the city, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) or employees of the adult business shall have been found guilty of a misdemeanor or felony classified by the state as a sex-related offense including but not limited to a violation of the following Penal Code Sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647 or have either had an adult business permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an adult business permit or similar permit, license or ordinance in any city, county, territory, or state. This shall be verified by evidence generated from the police department background investigation.

M. The owner of the adult business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

N. The interior of the adult business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations.

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

P. The individual viewing areas of the adult 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.

Q. A traffic study prepared for the adult business in conformance with industry standards must demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway.

R. The adult business shall comply with the noise element of the general plan.

S. The adult business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.

T. Live entertainment shall only be performed either: a) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or b) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier that cannot be opened between the public area and performer area.

U. No individual viewing area may be occupied by more than one person at any one time.

V. No patron shall directly pay or give any gratuity to any performer, and no performer will solicit or accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying.

W. No performer will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer while on the premises of an adult business.

X. No exterior door or window shall be propped or kept open at any time during hours of operation and exterior doors or windows shall be covered with opaque coverings at all times.

Y. The adult business shall have a separate entrance and exit to the premises for performers which are separate from the entrance and exit used by the public and which the performers shall use at all times.

Z. Neither live entertainment, nor any adult material or adult merchandise shall be visible from anywhere outside the adult business.

AA. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all adult businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons.

BB. The adult business shall be operated consistent with the floor plan approved by the city. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the city.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)

No adult business permit may be sold, transferred, or assigned by any permittee, 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 such permit, and such permit shall be thereafter null and void. An adult business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one element of an adult business use to another element of an adult business shall also render the permit null and void. An adult business permit shall only be valid for the exact location specified on the permit.

(Ord. No. 743, § 3, 3-21-2017)

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 an activity referred to in this chapter without first obtaining an adult business permit from the city shall be guilty of a misdemeanor. Except as provided herein, and as provided by the penal code, no violation of this chapter shall be criminally punished.

B. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

C. Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the city attorney may 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 business and restrain and enjoin any person from operation, conducting or maintaining such an establishment contrary to the provisions of this division.

(Ord. No. 743, § 3, 3-21-2017)

A. Inspections. The permittee shall permit officers of the city and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult business for the purpose of ensuring compliance with the law at any time the adult business is open for business or occupied.

B. Revocation Grounds. The director of development services may revoke an adult business permit when he or she discovers that any of the following have occurred:

1. Any of the locational/operational requirements above are violated;

2. The application contains incorrect or false information;

3. The permittee is convicted of any felony or misdemeanor which is classed as a sex or sex-related offense including but not limited to a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647, or any violation of any other adult business ordinance of any other city, county, or state; or

4. Any person has been convicted of a sex-related offense including but not limited to a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266, (inc. 266a—266k) 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, 647 as a result of his or her activity on the premises of the adult business.

5. Revocation Notice. Upon determining that the grounds for permit revocation exist, the director of development services shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal request for public hearing with the development services director, where it shall be considered on the next available planning commission agenda.

(Ord. No. 743, § 3, 3-21-2017; Ord. No. 748, § 4, 5-15-2018)