Vallejo Municipal Code Ch. 16.304 Adult Use Regulations

These provisions provide special design guidelines/standards and development regulations to regulate the operation of adult use facilities, minimizing any associated negative secondary effects. This chapter is not intended to provide exclusive regulation of the regulated adult use. Such uses shall comply with any and all applicable regulations imposed in other chapters of the Zoning Code, other city ordinances, and state and federal law.

A. Major Use Permit Required.

1. No Adult Use may be established within the city by right. All persons wishing to establish an adult use within the city shall apply for and receive a major use permit, as provided in Chapter 16.606, Minor and Major Use Permits.

2. It is the burden of the applicant to supply evidence to justify the granting of a major use permit for an adult use.

B. Regulatory Permit Also Required.

1. It is unlawful for any person to operate, engage in, conduct or carry on any adult use unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult use regulatory permit for such business.

2. Permit Application.

a. The owner of a proposed adult use business shall be the only person eligible to obtain an adult use regulatory permit for such business. The owner shall not be eligible to obtain an adult use regulatory permit unless the owner is at least eighteen years of age.

b. The following shall be submitted to the director at the time of the application for an adult use regulatory permit:

i. A completed application form signed by:

(a) The applicant; and

(b) Either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult use business is to be conducted.

ii. The applicant's fingerprints on a form provided by the Vallejo Police Department. Any fees for the fingerprints shall be paid by the applicant.

iii. Two color photographs, taken within six months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

iv. A written description of the proposed adult use business and how it will satisfy the requirements of this chapter.

v. A site plan depicting the building unit proposed for the adult use business. The site plan shall include a dimensional interior floor plan that depicts how the adult use business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by Chapter 16.508, Off-Street Parking and Loading of this code.

vi. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application for an adult use regulatory permit is true and correct.

vii. A nonrefundable application fee in an amount set by the Master Fee Schedule.

c. If the director determines that the applicant has completed the application for an adult use regulatory permit improperly, the director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the director shall grant the applicant an extension of time of ten days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time.

3. Approval or Denial of Permit.

a. Background Check/Police Clearance. Applicants for an adult use regulatory permit or adult performer permit as defined in this chapter shall provide proof that a background check has been cleared by the Vallejo Police Department for the holder of the permit and all employees and performers.

b. 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 seven years of a misdemeanor or a felony classified by the state as a sex-related offense.

c. The director shall, within thirty calendar days of the filing of a complete application, approve and issue the adult use regulatory permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be applicant.

d. Any interested person may appeal the decision of the director to the planning commission in accordance with the Section 16.602.14, Appeals.

4. Nontransferable.

a. No person shall operate an adult use business under the authority of an adult use regulatory permit at any place other than the address of the adult use business stated in the application for the adult use regulatory permit.

b. No adult use regulatory permit issued pursuant to this chapter shall be transferable.

c. Any attempt to transfer an adult use regulatory permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

d. Nothing in this section shall prevent the director from approving a second adult use regulatory permit for a single location provided that the holder of the adult use regulatory permit previously approved for such location consents in writing to the automatic expiration of such previously approved permit upon the effective date of such second permit.

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

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

B. Application Content. The application for a permit shall be made on a form provided by the director. An original and two copies of the completed and sworn permit application shall be filed with the director. The completed application shall contain the following information and be accompanied by the following documents:

1. The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2. Age, date and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Whether the applicant has ever been convicted of:

a. Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered or of any other misdemeanor or a felony classified by the state as a sex or sex-related offense; or

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

6. Whether the person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of the registration, licensing or legal authorization, and the inclusive dates during which the person was so licensed, registered, or authorized to engage in prostitution.

7. State driver's license or identification number;

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

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

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

The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

C. Initial Application Review. Upon receipt of an application and payment of the application fees, the director shall immediately stamp the application as received and promptly investigate the application. If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of the fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the director to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

The director shall, within thirty calendar days of the filing of a complete application, approve and issue the adult use performer permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The time period set forth in this paragraph shall not be extended except upon the written consent of the applicant.

Any interested person may appeal the decision of the director or the planning commission in accordance with the Section 16.602.14, Appeals.

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

B. The director shall provide each adult use business performer required to have a permit in compliance with this chapter with an identification card containing the name, address, photograph and permit number of the performer.

C. An adult use business performer shall have their identification card available for inspection at all times during which the performer is on the premises of the adult use business.

A. Subject to the limitations of this chapter, adult uses may be located in the mixed-use or commercial land use designations, if permitted by the zoning district in which the property is located.

B. In those land use designations where the adult uses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult use if the location is:

1. Within a five hundred-foot radius of a school or park. The distance between a proposed adult use and the school or park shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the nearest property line which includes a sensitive land use, along a straight line extended between the two points.

2. Within one thousand feet of any other adult use as defined by this chapter located either inside or outside the jurisdiction of the city. The distance between two adult uses shall be measured between the nearest exterior walls housing the adult uses along a straight line extended between the two uses.

C. The establishment of any adult use shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business to any adult use.

A. Background Check/Police Clearance. Applicants for a major use permit to operate an adult use as defined in this chapter shall provide proof that a background check has been cleared by the police department.

B. Hours of Operation. It shall be unlawful for any operator or employee of an adult use to allow such adult use to remain open for business, or to permit any 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 12:00 midnight and 10:00 a.m. of any day, unless a major use permit for a late night business operation has been granted by the planning commission pursuant to Chapter 16.606, Minor and Major Use Permits.

C. Lighting Requirements. All exterior areas of the adult use shall be illuminated at a minimum of 1.00-foot candle, minimally maintained and evenly distributed at ground level.

D. Access Provisions.

1. The operator of the adult use 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 shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

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

3. Signage. The adult use shall post in plain view inside the front portion of the business facility, in two-inch print, a sign referencing California Penal Code Section 314.

E. Regulation of Closed Booths. 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 such premises; and, further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing area or partially or fully concealed booths/individual viewing area shall be maintained. No arcade booth shall be occupied by more than one patron at a time. No holes shall be permitted between arcade booths or individual viewing area. The booths shall be cleaned daily.

F. Regulation of Viewing Areas. All viewing areas within the adult use shall be visible 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. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only or more than ten persons. "Viewing area" shall mean any area in which a person views performances, pictures, movies, videos or other presentations.

G. Business License. A person shall not own, operate, manage, conduct or maintain an adult use without first having obtained a business license in accordance with the provisions of Title 5, Business Licenses and Regulations, of the Vallejo Municipal Code.

H. On-Site Manager. All adult uses shall have a responsible person who shall be at least twenty-one years of age and who is 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 responsible for all violations taking place on the premises.

I. Minimum Age of Employees. No person shall be employed in an adult use business who is not at least twenty-one years of age.

J. Security Measures. All adult uses shall provide a security system that visually records and monitors the exterior premises of the property, including all parking lot areas; or, in the alternative, a uniformed security guard to patrol and monitor the exterior premises of the property, including the parking lot areas during all business hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two feet by three feet and shall at a minimum be one foot by one and one-half feet.

K. Nude Entertainment Business-Operating Requirements. 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 nude entertainment business unless each and all of the following requirements are met:

1. No employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business shall allow any person below the age of eighteen years upon the premises or within the confines of any nude entertainment business if no liquor is served, or under the age of twenty-one years if liquor is served. Prior to commencing the sale of any alcoholic products, the property owner shall secure a major use permit and comply with the provisions of Chapter 16.305, Alcoholic Beverage Sales.

2. No nude entertainer shall dance with or otherwise be within four feet of a patron while performing for compensation or while on licensed premises. This four-foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the entertainer and the patron(s).

3. No owner, operator, responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within four feet of a nude entertainer or permit or allow a nude entertainer to approach within four feet of a patron.

4. All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their "specified anatomical areas."

L. Disposal of Adult Oriented Merchandise and Materials. Any and all adult oriented merchandise and materials discarded by an adult use shall be fully contained within a locked garbage receptacle at all times so that minors are not exposed to sexually explicit materials.

M. Use Permit. Procedure for an adult use:

1. Any person desiring to operate or establish an adult use within the city shall file with the planning division an application for a major use permit on a standard application form supplied by the planning division.

2. The planning commission or city council on appeal shall approve or conditionally approve an application for a major use permit pursuant to Chapter 16.606, Minor and Major Use Permits. Information submitted by the applicant shall substantiate the following findings: That the proposed use complies with the development and design requirements of the underlying zoning district in which it is located and with the applicable standards of this chapter;

a. That the proposed use complies with the locational limitations as specified in this chapter; and

b. That 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 contenders within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

3. Any conditions imposed upon the permit shall be in keeping with the objective development standards of this chapter above and the underlying zoning district in which the property is located.

A. The time for court challenge to a decision by the city council is governed by California Code of Civil Procedure Section 1094.6.

B. Notice of the city council's decision and its findings shall be mailed to the applicant and shall include citation to California Code of Civil Procedure Section 1094.6.

A. Appeal. Any interested person may appeal the decision of the planning commission in accordance with the provisions of Chapter 16.602, Common Procedures, Section 16.602.14, Appeals.

B. Expiration and Modifications. A major use permit for an adult use is effective and may only be extended or modified as provided for in Chapter 16.602, Common Procedures, Section 16.602.12, Expiration and Extension, and Section 16.602.12.D, Changes to an Approved Permit.

C. Revocation. Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:

1. That 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 which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;

2. That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;

3. That the permit is being used to conduct an activity different from that for which it was issued;

4. That due to changes in on-site conditions, the adult use lacks sufficient on-site parking area for employees and the public under the standards set forth in Chapter 16.508, Off-Street Parking and Loading, except for an existing use that is legal and non-conforming with respect to parking;

5. That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in Title 12, Building and Construction, of the Vallejo Municipal Code;

6. That the permitted business creates sound levels which violate the provisions of Section 7.84, Regulations of Noise Disturbances, and Lighting Equipment of the Vallejo Municipal Code; and/or the Performance Standards for Noise specified in Section 16.502.10, Noise;

7. That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership, is found guilty or pleaded nolo contenders to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment's operation.

D. The revocation process shall be in accordance with the provisions of Chapter 16.615, Enforcement and Abatement.

E. In the event a permit is revoked pursuant to this chapter, another major use Permit to operate an adult business shall not be granted to the permittee within twelve months after the date of such revocation.