Chapter 10.28 — ADULT BUSINESSES

The purposes of this chapter are (1) to establish locational requirements for adult businesses, so that they are not in close proximity to residences, schools, churches, parks, or other adult businesses and (2) to provide development and operating standards for adult businesses through the requirement of an adult business use permit. The City's intent in this chapter is to establish reasonable regulations regarding the time, place and manner of the operation of adult businesses in order to minimize the negative secondary effects associated with such businesses. It is not the intent to suppress or infringe upon expressive activities protected by the First Amendments of the United States and California Constitutions, nor to regulate activities which are already regulated and pre-empted by state legislation.

(Ord. 982 § 4, 1998)

The following words and phrases are defined as follows, unless a contrary meaning is clearly apparent from the context. If a definition here is in conflict with a definition elsewhere in the Code, the definition in this section shall prevail for purposes of this chapter.

"Adult business" or "adult use" means any one of the following:

(1)

Any business establishment which as a regular and substantial course of conduct offers, sells or distributes "adult oriented merchandise" or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities which are preempted by state law. "Adult oriented merchandise" means sexually oriented implements, paraphernalia or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, 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 sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(2)

"Adult arcade" means a business establishment to which the public is permitted or invited and where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

(3)

"Adult bookstore" means a business establishment having as a substantial or significant portion of its stock in trade "material" (defined below) which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(4)

"Adult cabaret" means a nightclub, restaurant, bar, or similar business establishment (whether or not serving alcoholic beverages) which regularly features: (i) live entertainment or performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on the display of "specified anatomical areas" or "specified sexual activities"; and/or (ii) persons who appear semi-nude; and/or (iii) films, computer generated images, motion pictures, video cassettes, slides, or other photographic

reproductions, where the images are distinguished or characterized by an emphasis on the depiction of "specified sexual activities" or "specified anatomical areas."

(5)

"Adult hotel/motel" means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, on a regular and substantial basis: (i) provides patrons with "material" which is distinguished or characterized by the emphasis on matter depicting, or describing or relating to "specified sexual activities" or "specified anatomical areas" through closed-circuit or cable television or through video tape recorder where video tapes are provided by the hotel/motel; and (ii) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or lets any single room more than twice in a twenty-four (24) hour period.

(6)

"Adult theater" means a theater, concert hall, auditorium, or similar establishment, with or without a stage or proscenium, which for any form of consideration regularly features live performances or "material" which is distinguished or characterized by an emphasis on matter depicting, or describing or relating to "specified sexual activities" or "specified anatomical areas."

(7)

"Arcade booth" means an enclosed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular and substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing or relating to "specified sexual activities" or "specified anatomical areas."

(8)

"Modeling studio" means an establishment which, for any form of consideration, provides for members of the public the services of a live human model who, for the sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted. "Modeling studio" does not include: (i) a school maintained under standards set by the State Board of Education; or (ii) a studio owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."

"Establishment of adult business" means and includes any of the following:

(1)

The opening of any adult business as a new business;

(2)

The conversion of an existing business, whether or not an adult business, to an adult business;

(3)

The addition of an adult business to any other existing adult business; or

(4)

The relocation of an adult business.

"Material" relative to adult uses, means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, or electronically generated images or devices including computer software, or any combination of these.

"Regularly features" means a regular and substantial course of conduct, or presented on a regular and substantial basis. The fact that live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period, or three (3) or more occasions within a sixty (60) day period; or four (4) 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.

"Religious institution" or "church" means a facility used primarily for religious assembly or worship and related religious activities, established as a non-profit organization under section 501(c)(3) of the Internal Revenue Code, and operating as a permitted use, under a valid land use entitlement, or as a legal nonconforming use.

"School" means a licensed child or day care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education and has an approved use permit, if required. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, a special institution of learning under the jurisdiction of the State Department of Education, or an institution of higher education, including a community or junior college, college or university. The definition of school does not include a vocational institution.

"Semi-nude" means 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" means:

(1)

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

(i)

Human genitals, pubic region,

(ii)

Buttock, or

(iii)

Female breast below a point immediately above the top of the areola; or

(2)

Human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified sexual activities" means any one or more of the following, whether actual or simulated:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual stimulation or arousal;

(3)

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

(4)

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

(5)

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

(6)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

"Substantial portion of its stock in trade" means a significant portion, as determined by the enforcing officer and, if challenged, by the court. However, if thirty (30%) percent or more of stock in trade is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities and/or specified anatomical areas, it is presumed to be a substantial portion. The percentage of "stock in trade" shall be based upon the percentage of merchandise or material sold (and not merely that maintained on the premises).

(Ord. 982 § 4, 1998)

(a)

No adult business shall be established or located in any zoning district in the City other than: community shopping center (CS); light industrial (M-1); and general highway commercial (GHC); subject to the limitations of this chapter.

(b)

In those zoning districts where an adult business is otherwise permitted, it is unlawful to establish an adult business if the location, at the time the application is deemed complete, is within a 1000-foot radius of any of the following, either within the City or within an adjacent jurisdiction:

(1)

A residential zoning district, the residential area of a PUD zoning district, or any legally existing residence;

(2)

A school, public park or religious institution;

(3)

Any other adult business.

The distances set forth above shall be measured as a straight line from the nearest exterior wall of the adult business to the property lines of the property designated above.

(Ord. 982 § 4, 1998)

10.28.808 - Adult business use permit requirement.

(a)

No adult business may be established within the City by right. Each person wishing to establish an adult business within the City must apply for and receive an adult business use permit under this chapter.

(b)

The applicant has the responsibility and the burden to supply evidence to justify the grant of an adult business use permit.

(c)

A person who wishes to operate or establish an adult business within the City shall file with the Community Development Department an adult business use permit application on a standard application form supplied by the department.

(Ord. 982 § 4, 1998)

10.28.810 - Permit—Application.

(a)

The application must be signed by the property owner and the business applicant. 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 ten (10%) percent or greater interest shall sign the application.

(b)

The application shall include all of the following information:

(1)

Business applicant information. An adult business use permit is nontransferable, except by amendment to the permit. Therefore, each application shall state:

(i)

If the applicant is an individual, the person's legal name, including any aliases, address, and proof that he or she is at least eighteen (18) years old,

(ii)

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 shall attach a copy of the partnership agreement, if any,

(iii)

If the applicant is a corporation, the corporation shall provide its complete name, the date of incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of each officer and director, the name of the registered corporate agent and the address of the registered officer for service of process;

(2)

The proposed address where the adult business will operate, and the names and addresses of the owners and lessors of the site;

(3)

The address to which notices regarding the application shall be mailed;

(4)

A description of the type of adult business for which the permit is requested;

(5)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. Dimensions shall include, to an accuracy of six (6) inches: floor area, entrances and exits, restrooms, and, where applicable, stage, table areas, required barriers and aisles (under sections 10.28.818(l)(3)), booths, manager's station(s), dressing rooms;

(6)

A diagram of the off-street parking areas, exterior landscaping, premises entries, and exterior signs, and showing the location of the lighting system required by section 10.28.818(b). The diagram shall also show the exterior location of the locked garbage receptacles required by section 10.28.818(m);

(7)

A drawing, prepared within thirty (30) days before the application is submitted, depicting the portion of the building to be occupied by the adult business and showing the straight-line distance to any of the following within 1000 feet: residence or residential use, religious institution, school, public park, or other adult business. (See Section 10.28.806.)

(c)

The application must be accompanied by a non-refundable application fee in an amount established by resolution of the City Council. The fee shall not exceed the reasonable estimated costs of the City expended in processing the permit application.

(Ord. 982 § 4, 1998)

The Planning Commission, or City Council on appeal, shall approve or conditionally approve an application for an adult use permit if the information submitted by the applicant substantiates the following findings:

(a)

The adult use complies with the specific development and design requirements of the underlying zoning district in which the use is proposed to be located, and with applicable requirements in the Urban Management Plan and any applicable specific plan.

(b)

The proposed site meets the locational requirements set forth in section 10.28.806.

(c)

The proposed use conforms to the development and operating standards set forth in section 10.28.818.

(d)

Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

(Ord. 982 § 4, 1998)

10.28.814 - Permit—Planning Commission review.

(a)

The Planning Commission shall grant, conditionally grant or deny an application for an adult business use permit. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter (section 10.28.818) and of the underlying zoning district in which the property is located.

(b)

Within thirty (30) calendar days of its submittal, the Community Development Director shall determine whether the application is complete. Upon the filing of a completed application, the Community Development Department shall undertake an appropriate investigation to assure compliance with this chapter, and shall prepare a staff report. In so doing, the department staff may elicit the assistance of other affected city departments.

(c)

After the investigation and staff report have been completed, the matter shall be set for a noticed public hearing before the Planning Commission. The notice and conducting of the public hearing shall conform to the procedural requirements for use permits, set forth in sections 10.08.4280 and 10.08.4290, except that the findings referred to are those in section 10.28.812. In conducting the hearing and in reaching a decision, the Commission shall not be bound by the formal rules of evidence.

(d)

The Planning Commission shall render a written decision on the application for an adult business use permit within sixty (60) days of the determination that the application is complete. The Commission's decision shall be hand delivered or mailed to the applicant. The failure of the Commission to render such a decision within this time frame shall be deemed to constitute a denial.

(Ord. 982 § 4, 1998)

10.28.816 - Permit—Appeal.

(a)

Any interested person may appeal the decision of the Planning Commission to the City Council in writing within ten (10) days after the Commission's written decision. The appeal shall be filed in writing, stating the specific grounds for the appeal, and shall be accompanied by an application fee in the amount established by resolution of the City Council.

(b)

The City Council shall hear the appeal at a public hearing held within thirty (30) days of the filing of the appeal. The public hearing shall be noticed in the same manner as set forth in section 10.28.814(c). In conducting the hearing or in reaching its decision, the City Council shall not be bound by the formal rules of evidence. The hearing is a de novo hearing.

(c)

On appeal, the City Council shall grant, conditionally grant or deny the application. The Council action shall be by a majority vote of the quorum. The City Council's decision is final.

(Ord. 982 § 4, 1998)

An adult business use permit, if approved, shall include all of the following conditions of approval. Failure to comply with each requirement shall be grounds for revocation of the adult business use permit.

(a)

Hours of operation. It is unlawful for an operator or employee of an adult business to allow the adult business to remain open for business, or to permit an employee 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 midnight and 8:00 a.m of any day. A business also regulated by the California Department of Alcoholic Beverages Control shall abide by regulations established by that Department.

(b)

Lighting requirements. All exterior areas of the adult business (including off-street parking and premises entries) shall be illuminated from dusk until one hour after closing. The lighting system shall provide a minimum of 1.25 foot-candle, minimally maintained and evenly distributed at ground level. The lighting shall be shown on the required sketch or diagram of the premises.

(c)

Access provisions; visibility.

(1)

The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises is readily accessible at all times and is open to view in its entirety for inspection by any law enforcement officer.

(2)

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

(d)

Signage. The adult business shall conform to the sign regulations at article 35 of title 10 of the Municipal Code, beginning at section 10.08.4430.

(e)

Minors' access. No person under the age of eighteen (18) years shall be permitted within the premises of an adult business. The building entrance to an adult business shall be clearly posted with a notice indicating that persons under eighteen (18) years of age may not enter.

(f)

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

(g)

Regulation of closed booths and viewing areas. No one shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into the premises or from a continuous and accessible main aisle in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing area from the main aisle. The entire body of any viewing person must be visible. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. All booths and viewing areas shall be designed or operated to permit occupancy of either one person only or more than ten persons. No holes shall be permitted between arcade booths or individual viewing areas. "Viewing area" means any area in which a person views performances, pictures, movies, videos, or other presentations.

Restrooms may not contain video reproduction equipment. The floors, seats, walls and other interior portions of all 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 justifies suspension or revocation of the adult business use permit.

(h)

Business license. A person shall not own, operate, manage, conduct or maintain an adult business without first having obtained a business license from the City Finance Department. The issuance or denial of the business license shall be made within fifteen (15) days of the submitted application.

(i)

On-site manager; security measures. Each adult business shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the City's Community Development Director by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The adult business shall provide: (1) a security system that visually records and monitors the exterior premises of the property including all parking lot areas; or in the alternative (2) a uniformed security guard to patrol and monitor the exterior premises of the property, including the parking lot areas, during all business hours. The police chief may require one or more security guards if he or she determines, based on evidence, that their presence is necessary in order to prevent any of the conduct listed in section 10.28.824(a)(7) from occurring.

An adult business 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 thirty-five (35) persons, an additional security guard shall be on duty.

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 under this section 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.

(j)

Interior lighting. All interior areas of adult businesses shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level until one hour after closing:

(k)

Restrooms. An adult business which provides restrooms to the public or its patrons shall provide and maintain separate restroom facilities for male patrons and employees and for female patrons and employees. One sex shall be prohibited from using the restroom of the other, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free of any adult material, and shall not contain television or computer monitors or other motion picture or video projection, recording or reproduction equipment.

(l)

Live entertainment or performances—operating requirements. The following additional requirements apply to an adult business providing live entertainment or performances where the entertainer is semi-nude and is depicting specified anatomical areas or involving specified sexual activities. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a live performance unless each and all of the following requirements are met:

(1)

Age restrictions. No employee, owner, operator, responsible managing employee, manager or permittee of live entertainment at an adult business shall allow any person upon the premises or within the confines of

any live entertainment business who is below the age of eighteen (18) years if no liquor is served, or below the age of twenty-one (21) if liquor is served.

(2)

Distance from patrons. No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an entertainer. This ten (10) foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and a patron. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within ten (10) feet of an entertainer, or permit or allow an entertainer to approach within ten (10) feet of a patron. "Entertainer" means a person who is an employee or independent contractor of the adult business, or any person who, with or without compensation, performs live entertainment for patrons of an adult business.

(3)

Separate dressing rooms and entrance/exit. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. The adult business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

The adult 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 business shall provide a minimum three (3) foot wide 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.

(4)

No physical contact. No entertainer shall have physical contact with a patron and no patron shall have physical contact with an entertainer. This subsection applies to contact on the premises of the adult business, either before, during or after a performance by the entertainer.

(5)

No direct payment. No patron shall directly pay or give any gratuity to an entertainer and no entertainer shall solicit pay or a gratuity from a patron.

(6)

Covering. No owner or other person with managerial control over an adult business shall permit a person on the premises to engage in a live showing of the specified anatomical areas with less than a fully opaque covering.

(m)

Disposal of adult oriented merchandise and materials. All adult oriented merchandise and materials discarded by an adult business shall be fully contained within a locked garbage receptacle at all times so

that minors are not exposed to sexually explicit materials.

(n)

Compliance with all local and state laws. The owner and manager of an adult business shall comply with all other City, County and State regulations, including but not limited to maximum occupancy load and other fire department requirements and building regulations.

(o)

Other conditions. Any other conditions imposed upon the permit shall be in keeping with the underlying zoning district in which the property is located.

(Ord. 982 § 4, 1998)

10.28.820 - Permit—Judicial review.

(a)

Standard review procedure. Pursuant to Tracy Municipal Code section 1.20.010, the time for court challenge to a decision by the City Council is governed by California Code of Civil Procedure section 1094.6.

(b)

Expedited procedure. A decision to issue, revoke, suspend or deny a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution is governed by California Code of Civil Procedure section 1094.8. Such a decision is entitled to priority and subject to expedited hearing and review procedures. An action to challenge the city council's decision must be filed and served within twenty-one (21) calendar days from the date of the decision.

(c)

Notice. Notice of the city council's decision and findings shall be mailed to the applicant and shall include a copy of this section 10.28.820.

(Ord. 1009 § 3, 1999: Ord. 982 § 4, 1998)

An adult use permit approved under this chapter lapses and becomes void unless the proposed use is established within six months from the date of approval, unless a longer period is provided under the permit. The provisions of section 10.08.4350, regarding lapse of use permits, apply to this chapter.

(Ord. 982 § 4, 1998)

(a)

A permit issued under this chapter may be suspended or revoked by the City on the basis of any of the following:

(1)

The business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit, or fails to conform to the plans and procedures described in the application;

(2)

The permittee has failed to obtain or maintain all required City, County, and state licenses and permits;

(3)

The permittee has misrepresented a material fact in the application for permit or has not answered each question in the application truthfully;

(4)

The permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sexrelated offense during the period of the adult business' operation;

(5)

The original permittee has attempted to transfer the adult business use permit to another business owner, without first having obtained an amendment to the permit. (An amendment is obtained by following the same process as provided for an original permit, under section 10.28.810 through 10.28.816.);

(6)

The use for which the approval was granted has ceased to exist or has been suspended for six (6) months or more;

(7)

The permittee, employee, agent, partner, director, stockholder or manager of an adult business has knowingly permitted, and failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises: (i) an act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation; (ii) use of the premises as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; (iii) any conduct constituting a criminal offense which requires registration under California Penal Code section 290; (iv) the occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code sections 315, 316, 318, or 647b; (v) any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to sections 311 through 313.4; (vi) any conduct prohibited by this chapter.

(b)

The City shall send written notice of hearing on the proposed permit suspension or revocation, together with written notification of the specific grounds of complaint against the permittee, to the permittee by personal delivery or certified mail at least ten (10) days before the hearing.

(c)

The revocation hearing shall be heard by the Planning Commission, which shall not be bound by the formal rules of evidence at the hearing.

(d)

The Planning Commission shall conduct a public hearing, as prescribed in the section 10.08.4380 on the proposed permit revocation.

(e)

The Planning Commission may suspend, revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult use permit. The Commission may suspend, revoke or place additional conditions only if it first finds that one or more provisions of subsection (a) was violated. Any additional conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter as set forth in section 10.28.818, and the underlying zoning district in which the property is located.

(f)

The commission shall make its decision within thirty (30) days of the close of the public hearing. The commission's decision shall be by resolution, and shall be hand delivered or mailed to the applicant.

(g)

Any interested person may appeal the decision of the commission to the City Council in writing within ten (10) days after the written decision of the commission in accordance with the provisions of chapter 1.12. (h) If a permit is revoked under this section, another adult use permit to operate an adult business shall not be granted to the permittee within twelve (12) months after the date of the revocation.

(Ord. 982 § 4, 1998)

The provisions of this section are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other articles of the zoning ordinance, other City ordinances and state and federal law.

(Ord. 982 § 4, 1998)

A person who violates a section of this chapter is guilty of a misdemeanor and is subject to penalty as set forth in chapter 1.04 of this code.

The conduct of any business within the City in violation of this division is hereby found and declared to be a public nuisance, and the City Attorney or the District Attorney may, in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove the adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this chapter.

(Ord. 982 § 4, 1998)