Chapter 5.40

ADULT OR SEXUALLY ORIENTED BUSINESSES

It is the purpose of this chapter to regulate adult or sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, the general public and the community. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult or sexually oriented materials and paraphernalia protected by the First Amendment. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult or sexually oriented materials protected by the First Amendment, or to deny access by the distributors, exhibitors and performers of adult or sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Prior code § 5.80)

For the purpose of this chapter, certain words and terms are defined and shall be construed as herein set forth, unless otherwise expressly stated, or unless the context in which the words or terms are used clearly indicates a different intention.

"Abandon" or "abandoned" or "abandonment" means that an owner or occupant has voluntarily vacated a building or structure and has left the building or structure unoccupied for a continuous six-month period.

"Adult or sexually oriented businesses" means any one of the following, and each shall constitute a separate adult or sexually oriented business even if operated in conjunction with another adult or sexually oriented business at the same establishment:

1. "Adult arcade" means an establishment where, for any form of consideration, one or more electrically, electronically, or mechanically controlled still or motion picture machines or projectors, video or laser disc players, computers, or other image producing devices, are used for viewing by five or fewer persons per machine at any one time, and are used to show films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2. "Adult bookstore" or "adult video store" means a commercial establishment that, as a regular and substantial course of conduct, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction of description of specified sexual activities or specified anatomical areas.

3. "Adult cabaret" means a nightclub, restaurant, dancehall, dance club or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear semi-nude; and/ or (c) shows films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4. "Adult motion picture theater" means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

5. "Adult novelty store" means a commercial establishment that, as a regular and substantial course of conduct, offers for sale or rental, for any form of consideration, sexually oriented devices.

6. "Adult theater" means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7. "Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

8. "Sexual encounter center" means a business enterprise that, as one of its principal purposes offers, for any form of consideration, live entertainment by way of physical contact in the form of dancing, wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition.

"Adult or sexually oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises on which an adult or sexually oriented business is located or the conduct or activities occurring on the premises thereof.

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

"Church" means a structure that is used primarily for religious worship and related religious activities.

"City" means the City of Vernon.

"City Administrator" means the City Administrator of the City of Vernon or designee.

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

"Employee" means a person who performs any service on the premises of an adult or sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises of the adult or sexually oriented business to render only repair or maintenance services or to deliver equipment or goods to the adult or sexually oriented business as long as such persons are not nude or semi-nude.

"Entertainer" means any person who is an employee or independent contractor of the adult or sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult or sexually oriented business.

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

"Health Officer" means the Health Officer of the City of Vernon or duly authorized representative.

"Individual viewing area" means any area designed for occupancy of one person for the purpose of viewing performances, movies, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, transparencies, films, projectable motion pictures or other presentations.

"Liquor store" means a commercial establishment whose gross revenue derived from the sale of beverages containing alcohol or liquor exceeds 25% of the total gross revenue of the commercial establishment.

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

"Operate an adult or sexually oriented business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult or sexually oriented business or activities within an adult or sexually oriented business.

"Permittee" means the person to whom an adult or sexually oriented business permit or adult or sexually oriented business employee permit is issued.

"Person" means any individual, proprietorship, partnership, co-partnership, firm, association, joint stock company, corporation, or other legal entity, or any combination of the above in whatever form or character.

"Police Chief" means the Police Chief of the City of Vernon or the authorized representatives thereof.

"Public building" means any building owned, leased or held by the United States, the State, the County, the City, any special district, school district, or any other agency or political subdivision of the State or the United States.

"Public park" or "recreational area" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, open spaces, wilderness areas, or similar public land within the City, which is under the control, operation or management of the City.

"Regular and substantial course of conduct" means the following: (1) the business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (2) the business devotes more than 25% of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (3) the retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to CDs or DVDs) for sale or rental; or (4) gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 25% of the total gross revenue for the combined materials.

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

"Religious institution" means the same thing as "church."

"School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, anus, areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part.

"Sexually oriented devices" means, without limitation, any artificial or simulated specified anatomical area or other instruments, devices, or paraphernalia, except for clothing, which are designed in whole or in part for specified sexual activities.

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

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

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

3. Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above.

"Specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

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

2. Sex acts, actual or simulated, including intercourse, oral copulation, anal intercourse, anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy or zooerastia;

3. Masturbation, actual or simulated;

4. Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the other activities described in the subsections contained in this definition;

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

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

7. Striptease, or the removal of clothing; or

8. The wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where anatomical areas are exposed.

"Transfer ownership or control of an adult or sexually oriented business" means and includes:

1. The sale, lease, or sublease of an adult or sexually oriented business; or

2. The transfer of securities which constitute a controlling interest in an adult or sexually oriented business whether by sale, exchange or similar means; or

3. The establishment of a trust, gift, or other similar legal device which transfers ownership or control of an adult or sexually oriented business, except for transfer by bequest or other operation of law on the death of a person possessing ownership or control.

(Prior code §§ 5.81—5.81.8)

• A. From and after the effective date of this chapter (June 20, 2003) no adult or sexually oriented business shall be established, located or operated in any area not specifically provided for in Chapter 17.104 or Title 17 of this Code and subject to all regulations and conditions enumerated in this chapter.

• B. Any business that would be deemed an adult or sexually oriented business under this chapter, and which was legally established and for which all applicable permits and licenses were issued and remain effective as of June 20, 2003 shall not be deemed to be an adult or sexually oriented business subject to the provisions of this chapter for one year from June 20, 2003, except to the extent that any of the following should occur: (1) such business ceases operating in conformity with any permit issued in conjunction with the establishment thereof; or (2) the floor area of such business used for the sale of merchandise distinguished by or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the floor area utilized for such purpose and existing as of June 20, 2003; or (3) the retail inventory (measured by cost to the business owner of the inventory or by the retail value of the merchandise) distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the amount of such inventory being merchandised as of June 20, 2003; or (4) the number of performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities increases by 15% in any applicable period of time. (Prior code § 5.82)

• A. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of an adult or sexually oriented business unless the person first obtains and continues to maintain in full force and effect an adult or sexually oriented business permit from the City as herein required.

• B. It is unlawful for any person to engage in, participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult or sexually oriented business unless the person first obtains and continues to maintain in full force and effect an adult or sexually oriented business permit from the City as herein required.

• (Prior code § 5.83)

• A. Every person who proposes to establish, maintain, operate or conduct an adult or sexually oriented business in the City shall file an "application for adult or sexually oriented business permit" with the City Administrator, upon a form provided by the City, and shall pay a nonrefundable filing fee, at a rate established by resolution adopted by the City Council from time to time.

• B. Adult or sexually oriented business permits are nontransferable, except in accordance with Section 5.40.080; therefore, all applications shall include the following information:

  1. If the applicant is an individual, the individual shall state his or her full legal name, including any aliases, present street address of the actual location of the individual's residence and business, and submit satisfactory written proof that he or she is at least 18 years of age.

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

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

• C. 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 authority to bind the business entity shall sign the application. The application shall be signed under the penalty of perjury.

• D. If the applicant intends to operate the adult or sexually oriented business under a name other than that of the applicant, the applicant shall file a fictitious business name statement for the adult or sexually oriented business with the County of Los Angeles and provide proof of registration of the fictitious business name to the City.

• E. A description of the type of adult or sexually oriented business for which the permit is requested and the address or proposed address where the adult or sexually oriented business will operate, plus the names and street addresses of the actual location of residence and business of the owners and lessors of the adult or sexually oriented business site.

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

• G. The names of all employees, independent contractors, and other persons who will perform at the adult or sexually oriented business, or who are required by Section 5.40.090 to obtain an adult or sexually oriented business employee permit.

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

• I. A straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult or sexually oriented business and: (1) the property line of any other adult or sexually oriented business within 1,500 feet of the primary entrance of the adult or sexually oriented business for which a permit is requested; and (2) the property lines of any church, school, public park, public building, boys club, girls club, youth center, recreational area, residential dwelling unit or use, bar, tavern, pool hall or liquor store within 1,500 feet of the property line of the adult or sexually oriented business.

• J. A diagram of the off-street parking areas and premises entries of the adult or sexually oriented business showing the location of the lighting system and security system required by Section 5.40.130.

• K. Whether the applicant or principals thereof have been convicted, within the past 15 years, of a sexual crime against children, sexual abuse, rape, or crimes connected with another adult or sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution or pandering and, if so, the dates of conviction, confinement, and release, or has been convicted of a crime requiring registration under Penal Code Section 290.

• L. Whether the applicant or any of the other individuals identified in the application pursuant to this section has had a previous permit under this chapter or other similar ordinances from another City or County denied, suspended or revoked, including the name and location of the adult or sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individual identified in the application pursuant to this section has been an owner, partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the adult or sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

• M. Whether the applicant or any other individual identified in the application pursuant to this section holds any other permits and/or licenses under this chapter or any other similar adult or sexually oriented business ordinance from another City or County and, if so, the names and locations of such other permitted businesses.

• N. The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult or sexually oriented business permit.

• (Prior code § 5.84)

• A. The City Administrator, or designee, shall determine whether the application for an adult or sexually oriented business permit contains all of the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be sent a notice in writing within 10 business days after the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have 30 calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within the time period renders the application null and void. Within five business days following the receipt of a supplemental or amended application, the City Administrator, or designee, shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the City Administrator as set forth herein.

• B. Upon receipt of a completed application and payment of the filing fee, the City Administrator, or designee, shall immediately stamp the application as received, and issue a temporary permit to the applicant, which shall be valid for 30 business days after the date of issuance, unless earlier terminated by the denial of the adult or sexually oriented business permit. The issuance of a temporary permit does not relieve the applicant of the need to obtain any other City license or permit, such as a certificate of occupancy or conditional use permit, if required.

• C. The City Administrator, or designee, shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult or sexually

• oriented business permit. As part of this investigation, the City Administrator, or designee, shall promptly send photocopies of the completed application to the Police Chief of the City of Vernon, and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws within the City. Each department or agency shall promptly investigate the applicant, application and proposed adult or sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter, which investigation shall be completed prior to the expiration of the 30-day time period set forth in subsection D. At the conclusion of such investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor and return the photocopy immediately to the City Administrator. A department or agency shall only disapprove an application if it finds the proposed adult or sexually oriented business will violate any provision of any statute, code, ordinance, regulation or other law in effect in the City. The Los Angeles County Sheriff's office shall only be asked by the Vernon Police Department to certify the records request check and shall not be required to approve or disapprove applications. In no event shall the temporary permit issued pursuant hereto constitute or grant a right to the applicant to operate an adult or sexually oriented business in violation of Section 5.40.030 and Title 17 of the Code or in violation of any other zoning, building and safety, or business licensing provisions of the Code.

• D. Within 30 days of receipt of the completed application, the City Administrator, or designee, shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

  1. The City Administrator, or designee, shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

  2. If the application is denied, the City Administrator, or designee, shall attach to the application a statement of the reasons for denial.

  3. If the application is granted, the City Administrator, or designee, shall attach to the application an adult or sexually oriented business permit.

  4. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided.

• E. The City Administrator, or designee, shall grant the application and issue the adult or sexually oriented business permit upon findings that the proposed business meets the location criteria of Section 17.104.030 and the applicant has met all of the development and performance standards and requirements of Section 5.40.130 unless the application is denied for one or more of the reasons set forth in Section 5.40.070. The permittee shall post the permit conspicuously in the adult or sexually oriented business premises so that it may be easily read at any time by persons entering the adult or sexually oriented business.

• F. If the City Administrator, or designee, grants the application or if the City Administrator, or designee, neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 5.40.060(A)), the applicant may begin operating the adult or sexually oriented business for which the permit was sought, subject to strict compliance with the development and performance standards in Section 5.40.130 and other applicable requirements of this Code. The applicant's ability to begin operating under this subsection does not relieve the applicant of the need to obtain any other City license or permit, such as a certificate of occupancy or conditional use permit, if required.

• G. Permittees shall have a continuing duty to promptly supplement the adult or sexually oriented business permit application information required by this chapter in the event that said information changes in any way from what is stated on the "application for adult or sexually oriented business permit." The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the "application for adult or sexually oriented business permit" on file with the City Administrator, under the penalty of perjury, shall be grounds for revocation of the permit.

• (Prior code § 5.85)

The City Administrator, or designee, shall deny the application for any of the following reasons:

• A. The building, structure, equipment, or location used by the business for which an adult or sexually oriented business permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City, the County of Los Angeles, and the State of California, or with the location or development and performance standards and requirements of these regulations.

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

• C. An applicant is under 18 years of age.

• D. The required application fee has not been paid.

• E. The adult or sexually oriented business does not comply with the City's zoning ordinance.

• F. The granting of the permit would violate a statute, ordinance, or court order.

• G. The applicant has had a permit issued pursuant to this chapter which has been suspended or revoked at the time of application.

• H. The applicant has been convicted of a criminal act specified in Section 5.40.050(K), for which:

  1. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or

  2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or

  3. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts occurring within any 24-month period.

• I. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

• J. If the City Administrator, or designee, denies the application, he or she shall notify the applicant of the denial and state the reasons for the denial.

• K. If a person applies for an adult or sexually oriented business permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

(Prior code § 5.86)

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

• B. A permittee shall not transfer ownership or control of an adult or sexually oriented business permit to another person unless and until the transferee obtains an amendment to the adult or sexually oriented business permit from the City Administrator, or designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Administrator in accordance with Sections 5.40.040 and 5.40.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Administrator, or designee, determines in accordance with Section 5.40.060 that the transferee would be entitled to the issuance of an original permit under the ordinances and regulations which were in effect as of the time of the initial issuance of the original adult or sexually oriented business permit. Notwithstanding the foregoing, to the extent the adult or sexually oriented business is operating as a legal nonconforming use, an amendment to the permit shall not extend the legal nonconforming status of such business beyond the amortization period, if any, applicable to the adult or sexually oriented business unless such amortization period is extended pursuant to any local ordinance or regulations in effect as of the time of the extension request.

• C. No adult or sexually oriented business permit may be transferred when the City Administrator, or designee, has notified the permittee that the permit has been or may be suspended or revoked.

• D. Any attempt to transfer an adult or sexually oriented business permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

• E. Each adult or sexually oriented business permit shall expire one year from the date of issuance, and may be renewed only by filing with the City Administrator a written request for renewal, accompanied by the filing fee as established from time to time by the City Council, and a copy of the adult or sexually oriented business permit to be renewed. The request for renewal should contain a discussion of any changes in configuration or operation that have occurred at the adult or sexually oriented business within the past year. The request for renewal shall be made at least 30 days before the expiration date of the adult or sexually oriented business permit. Applications for renewal shall be acted on as provided herein for action upon applications for adult or sexually oriented business permits as set forth in Section 5.40.060. If the City Administrator, or designee, determines that there has been no change in the configuration or operation of the permitted adult or sexually oriented business which would call into question the continued satisfaction of all requirements of this chapter, the permit shall be renewed. If the City Administrator, or designee, determines that there has been such a change in the configuration or operation of the adult or sexually oriented business, the City Administrator may require the permittee to submit a complete new permit application pursuant to Section 5.40.050. In such event, and to the extent the request for renewal has been submitted at least 30 days prior to the expiration of the permit, the expiration of the existing adult or sexually oriented business permit shall be stayed pending a decision on the new permit application. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed.

• F. The granting of an application to transfer an adult or sexually oriented business permit or renewal does not relieve the applicant/permittee of the need to obtain any other City license or permit, such as a certificate of occupancy or conditional use permit, if required.

• (Prior code § 5.87)

• A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult or sexually oriented business, nor shall any employee as defined in Section 5.40.020, be employed at an adult or sexually oriented business, without a valid adult or sexually oriented business employee permit issued by the City to such person. All persons who have been issued an adult or sexually oriented business permit shall promptly supplement, under the penalty of perjury, the information provided as part of the application for adult or sexually oriented business permit required by Section 5.40.050 with the names of all performers, entertainers, figure models and employees required to obtain an adult or sexually oriented business employee permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult or sexually oriented business permit.

• B. The City Administrator, or designee, shall grant, deny and renew adult or sexually oriented business employee permits.

• C. The City shall provide a form titled "application for adult or sexually oriented business employee permit." An original and two copies of the completed application, signed under the penalty of perjury, shall be filed with the City Administrator, along with a nonrefundable filing fee, at a rate established by resolution adopted by the City Council from time to time.

• D. The completed "application for adult or sexually oriented business employee permit" 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 street address of the actual location of the applicant's residence and residence telephone number, and present street address of the applicant's actual location of business and business telephone number, if any.

  5. Whether the applicant has been convicted in the past 15 years as of the date of the application of:

     • a. Any of the offenses set forth in Sections 311 through 313.4, 315,316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code, or any offense requiring registration under Penal Code Section 290 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered.

     • b. The equivalent of the aforesaid offenses outside the State of California.

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

   7. Date, issuing State and number of State issued driver's license or identification card and Social Security number.

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

   9. The applicant's fingerprints on a form provided by the City of Vernon Police Department, and a color photograph clearly showing the applicant's face. The applicant shall pay any fees for the photographs and fingerprints.

   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.

   11. An acknowledgment, signed by the applicant under the penalty of perjury, that the applicant has received and read a copy of the development and performance standards in Section 5.40.130 of this Code.

• E. Upon receipt of an application for adult or sexually oriented business employee permit and payment of the application fees, the City Administrator, or designee, shall immediately stamp the application as received, issue a temporary permit to the applicant which shall be valid for 15 days, unless earlier terminated by the denial of the application for adult or sexually oriented business employee permit, and promptly investigate the application.

• F. If the City Administrator, or designee, determines that the applicant has completed the application for adult or sexually oriented business employee permit improperly or the application for adult or sexually oriented business employee permit is otherwise incomplete, the City Administrator, or designee, shall notify applicant of such fact within 10 business days of the date of receipt of the application for adult or sexually oriented business employee permit, including the reasons the application is not complete. The City Administrator, or designee, shall, in such event, grant the applicant an extension of time of 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the City Administrator, or designee, to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

• G. Each adult or sexually oriented business employee permit shall expire one year from the date of issuance, and may be renewed only by filing with the City Administrator a written request for renewal, accompanied by the filing fee as established from time to time by the City Council, and a copy of the adult or sexually oriented business employee permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the adult or sexually oriented business employee permit. Applications for renewal shall be acted on as provided herein for action upon applications for adult or sexually oriented business employee permits as set forth in Section 5.40.100. If the City Administrator, or designee, determines that there has been no change in the facts upon which the permit was issued which would call into question the continued satisfaction of all requirements of this chapter, the permit shall be renewed. If the City Administrator, or designee, determines that there has been such a change, the permittee may be required to submit a complete new permit application pursuant to this section. In such event, and to the extent the request for renewal has been submitted at least 30 days prior to the expiration of the permit, the expiration of the existing permit shall be stayed pending a decision on the new permit application. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed.

(Prior code § 5.88)

• A. Within 15 days after receipt of the properly completed application for adult or sexually oriented business employee permit, the City Administrator, or designee, shall grant or deny the application and so notify the applicant as follows:

  1. The City Administrator, or designee, shall write or stamp "Granted" or "Denied" on the application for adult or sexually oriented business employee permit and date and sign such notation.

  2. If the application for adult or sexually oriented business employee permit is denied, the City Administrator, or designee, shall attach to the application a statement of the reasons for denial.

  3. If the application for adult or sexually oriented business employee permit is granted, the City Administrator, or designee, shall attach to the application for adult or sexually oriented business employee permit an adult or sexually oriented business employee permit.

  4. The application for adult or sexually oriented business employee permit as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided.

• B. The City Administrator, or designee, shall grant the application for adult or sexually oriented business employee permit and issue the permit unless the application is denied for one or more of the reasons set forth in subsection C of this section.

• C. The City Administrator, or designee, shall deny the application for adult or sexually oriented business employee permit for any of the following reasons:

  1. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for adult or sexually oriented business employee permit or in any report or document required to be filed with the application or has omitted information reasonably necessary for issuance of the permit.

  2. The applicant is under 18 years of age.

  3. The adult or sexually oriented business employee permit is to be used for employment in a business prohibited by State or local laws, ordinances, or regulations.

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

  5. The applicant has been convicted of any criminal act enumerated in Section 5.40.090(D)(5), or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California, for which:

     • a. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act; or

• b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act; or

  • c. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts occurring within any 24-month period.

• D. The adult or sexually oriented business employee permit, if granted, shall state on its face the name of the person to whom it is granted and the expiration date. The City Administrator, or designee, shall provide each person issued an adult or sexually oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permittee.

• E. Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of the adult or sexually oriented business. The employee working on the premises pursuant to subsection F shall possess a receipt showing the employee has paid the filing fees for the permit, in lieu of possessing the permit and identification card.

• F. If the City Administrator, or designee, neither grants nor denies a completed application for adult or sexually oriented business employee permit, for which the filing fees have been paid, within 15 business days after its receipt, the applicant may begin the employment for which the adult or sexually oriented business employee permit is sought, subject to strict compliance with the development and performance standards in Section 5.40.130 and the regulations and other provisions of Chapter 17.104.

(Prior code § 5.89)

• A. An adult or sexually oriented business permit or adult or sexually oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.

  1. On determining that grounds for permit suspension or revocation exist, the City Administrator, or designee, shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing to be conducted by the City Administrator, or designee, or appointed hearing officer, and the ground or grounds upon which the hearing is based, the pertinent sections of this Code, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 working days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Council, but at a minimum shall adhere to the provisions of subsection (a)(2).

  2. The applicant has the right to offer testimonial, documentary, and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the City Administrator, or designee, or hearing officer may be appealed in accordance with Section 5.40.120.

• B. The City Administrator, or designee, shall suspend a permit for a period not to exceed 30 days if it is determined, following notice to the permittee and a hearing as set forth above, that the permittee or an employee of a permittee has violated or is not in compliance with any section of this chapter, or has refused to allow an inspection of the adult or sexually oriented business premises as authorized by this chapter.

• C. The City Administrator, or designee, shall revoke a permit if it is determined, following notice to the permittee and a hearing as set forth above, that any of the following conditions arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult or sexually oriented business, has occurred:

  1. A cause of suspension as set forth above has occurred and the permit has been previously suspended within the preceding 12 months.

  2. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

3. The permittee, employee, agent, partner, director, stockholder, or manager of an adult or sexually oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following activities on the premises of the adult or sexually oriented business, or in the case of an adult or sexually oriented business employee permit holder, the permittee has engaged in one of the activities described below while on the premises of the adult or sexually oriented business:

   • a. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

   • b. Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code.

   • c. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

   • d. 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 of the California Penal Code.

   • e. Any conduct prohibited by or in violation of this chapter.

   4. Failure to abide by any disciplinary action previously imposed by an appropriate City official.

   5. If an adult or sexually oriented business is vacated and left unoccupied or is otherwise abandoned for a period of six consecutive months.

• D. After holding the hearing in accordance with the provisions of this section, if the City Administrator, or designee, or appointed hearing officer, finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Administrator, or designee, shall impose one of the following:

  1. A warning;

  2. Suspension of the permit for a specified period not to exceed six months;

3. Revocation of the permit.

(Prior code § 5.90)

• A. All decisions of the City Administrator, or designee, or appointed hearing officer, to issue, renew, deny, suspend or revoke a permit issued pursuant to this chapter are final unless appealed in accordance herewith.

• B. An applicant or permittee may appeal a decision by the City Administrator, or designee, or appointed hearing officer, to deny an application for, or to revoke or suspend, an adult or sexually oriented business permit or adult or sexually oriented business employee permit by filing a request for an appeal with the City Clerk. Such an appeal shall be filed in writing within 10 days of service of the decision of the City Administrator, or designee, or hearing officer. A hearing by the City Council on such appeal shall be scheduled for the first available regular meeting of the City Council for which proper notice can be given, but in no event shall such hearing occur more than 30 days after the appeal is filed. The City Council shall make a decision on the appeal within five working days of the meeting at which the hearing is held. The City Council's decision shall contain findings of fact on the matter submitted to it for consideration. The written findings of fact shall fairly disclose the City Council's findings on all material points in the appeal and at the hearing. The City Council's written decision shall be mailed to the appellant within five business days after the decision is finalized.

• C. After any denial, or a suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, and specifically as provided by California Code of Civil Procedure Section 1094.8. The City shall make all reasonable efforts to expedite judicial review.

• D. If the City denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial, then the City shall issue a temporary permit. This temporary permit shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, or other form of judicial review, whichever is earliest, as to the propriety of the denial.

• E. If the City revokes, or suspends an existing permit, and the aggrieved applicant or the permittee commences a legal action to determine the validity thereof, the City's revocation or suspension of the permit will be stayed pending a judicial decision on the propriety of the revocation or suspension, based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.

• F. Any temporary permit issued pursuant to this chapter shall not grant any vested rights on the holder of the temporary permit, nor shall it grant a right to the holder to operate or serve as an employee in an adult or sexually oriented business which is in violation of Section 5.40.030 or 5.40.130 of this chapter or in violation of any other zoning, building and safety, or business licensing provisions of this Code.

(Prior code § 5.91)

• A. An operator must be present at all times the adult or sexually oriented business is operating. Said operator shall be responsible for all actions of the adult or sexually oriented business while on duty. The names of all operators, plus a 24-hour emergency contact shall be provided to the City of Vernon Police Department.

• B. An adult or sexually oriented business shall not operate between the hours of 12:00 midnight and 8:00 a.m.

• C. An adult or sexually oriented business shall not be located in whole or part within any portable or mobile structure or pushcart.

• D. An adult or sexually oriented business shall not conduct any acupuncture, tattooing, fortune-telling, bodypainting, bodypiercing, or escort services on the premises, nor shall any such business be conducted on the same property as an adult or sexually oriented business.

• E. An adult or sexually oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.

• F. No adult or sexually oriented business may be used for the purpose of conducting a private club during the hours the business is not open to the public.

• G. If an adult or sexually oriented business is the sole use on a lot, no landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary.

• H. Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.

• I. Upon order of the City Administrator, or designee, graffiti appearing on any exterior surface of a building or premises which is within public view shall be removed and that surface shall be restored within 72 hours of written notification to the owner, lessor or operator.

• J. Changeable copy signs, temporary signs, including human or sandwich billboards, small permanent signs and neon signs are not permitted that may be observed from the outside of the building or structure, except that an adult theater may have a theater marquee sign. No solicitations of trade may be made at or near entrances of an adult or sexually oriented business by any means other than signage that complies with this requirement.

• K. No person under the age of 18 years shall be permitted within the premises at any time. The building entrance to an adult or sexually oriented business shall be clearly and legibly posted with a notice indicating that people under the age of 18 years are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Public Works or designee.

• L. An adult or sexually oriented business shall provide a security system that visually records and monitors all entrances and all of its parking lot areas. Recordings made pursuant to this requirement shall contain a date and time stamp and be maintained by an adult or sexually oriented business for a minimum period of 30 days.

• M. No outdoor loudspeakers or other sound equipment advertising or directing attention to an adult or sexually oriented business or use is allowed.

• N. No adult or sexually oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building, structure or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

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

• P. Adult or sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

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

  2. Security guards for other adult or sexually oriented businesses may be required if it is determined by the City Administrator, or designee, that their presence is necessary in order to prevent any of the conduct listed in Section 5.40.110(C)(3) from occurring on the premises.

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

• Q. All off-street parking areas and premises entries of the adult or sexually oriented business shall be illuminated from dusk to two hours after closing with a lighting system that provides an average maintained horizontal illumination of not less than six-foot-candles at ground level on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult or sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

• R. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City.

• S. All indoor areas of the adult or sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. The view required in this subsection must be a direct line of sight from the manager's station at all times. The view area required in this subsection shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials at all times.

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

Text read from an image; its layout may differ:
Area Foot-Candles
Bookstores and other retail establishments 20
Theaters and cabarets (except during performances, at which 5
times lighting shall be at least 1.25 foot candles.)
Arcades 10
Sexual encounter centers, modeling studios 20

• U. The adult or sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any materials depicting specified sexual activities or specified anatomical areas. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult or sexually oriented business which deals exclusively with sale or rental of materials which are not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

• V. An adult arcade shall also comply with the following provisions:

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

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

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

  4. The walls and/or partitions between individual viewing areas shall be constructed of not less than one hour fire resistive material and shall be maintained in good repair at all times. The walls and/or partitions between any two individual viewing areas shall be solid and uninterrupted by any hole or aperture such as would allow viewing from one individual viewing area into another or such as to allow physical contact of any kind between the occupants of any two such individual viewing areas.

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

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

• W. Additional regulations relating to the exhibition of sexually explicit films, videos or live entertainment in individual viewing areas. A person who operates or causes to be operated an adult or sexually oriented business, which exhibits on the premises in an individual viewing area of less than 150 square feet of floor space, a film, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slide, other photographic reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1. Upon application for an adult or sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more operator's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. An operator's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas. The City Administrator, or designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

2. No alteration in the configuration or location of an operator's station may be made without the prior written approval of the City Administrator, or designee, based upon the finding that such alteration complies with this section.

3. It is the duty of the permittee of the adult or sexually oriented business to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is present inside the adult or sexually oriented business.

4. The interior of the adult or sexually oriented business shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the adult or sexually oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment or any materials depicting specified sexual activities or specified anatomical areas. If the adult or sexually oriented business has two or more designated operator's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult or sexually oriented business to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required by this section must be by direct line of sight from the operator's station.

5. It shall be the duty of the permittee and/or operator to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

6. It shall be the duty of the permittee and/or operator to ensure that no patron is permitted access to any area of the adult or sexually oriented business that has been designated as an area in which patrons will not be permitted.

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

   8. The adult or sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10 foot-candles as measured at the floor level.

   9. It shall be the duty of the permittee and/or operator to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.

   10. No openings of any kind shall exist between individual viewing areas.

   11. No person shall make or attempt to make an opening of any kind between individual viewing areas.

   12. The permittee or operator shall, during each business day, regularly inspect the walls between the individual viewing areas to determine if any openings or holes exist.

   13. The permittee and/or operator shall cause all floor coverings in individual viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

   14. The permittee and/or operator shall cause all wall surfaces and ceiling surfaces in individual viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.

8. It is a violation of this chapter for a person having a duty under this section to knowingly fail to fulfill that duty.

• X. The following additional requirements shall pertain to adult or sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, and shall also apply to modeling studios and sexual encounter centers:

  1. No person shall perform modeling or live entertainment for patrons of an adult or sexually oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by a figure model or entertainer.

  2. The adult or sexually oriented business shall provide separate dressing room facilities for figure models and entertainers that are exclusively dedicated to the use of such figure models and entertainers.

  3. The adult or sexually oriented business shall provide an entrance/exit for figure models and entertainers which is separate from the entrance/exit used by patrons.

  4. The adult or sexually oriented business shall provide access for figure models and entertainers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult or sexually oriented business shall provide a minimum three-foot-wide walk aisle for figure models and entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the figure models and entertainers capable of (and which actually results in) preventing any physical contact between patrons and figure models and entertainers.

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

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

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

8. No owner or other person with managerial control over an adult or sexually oriented business (as that term is defined herein) shall permit any person, including employees, on the premises of the adult or sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola, except as otherwise provided in this chapter.

• Y. Additional Regulations Concerning Public Nudity.

  1. It is a violation of this chapter for a person knowingly and intentionally to appear in a state of nudity in an adult or sexually oriented business or any other public place.

  2. It is a violation of this chapter for a person knowingly or intentionally, in an adult or sexually oriented business, to appear in a semi-nude condition unless the person is an employee who, while semi-nude, is upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest areas occupied by patrons.

  3. It is a violation of this chapter for any employee, figure model or entertainer, while semi-nude in an adult or sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee.

  4. It is a violation of this chapter for an entertainer, while semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch a figure model or entertainer who is semi-nude.

• Z. A copy of the development and performance standards contained in this section must be given by the owner of the adult or sexually oriented business to any and all operators, employees, entertainers, performers, figure models and security guards working on the premises at the time they are hired. A statement from each operator, employee, entertainer, performer, figure model and security guard acknowledging that they have received a copy of this section and have read the development and performance standards must be signed under the penalty of perjury by the individual and maintained by the owner of the business. The foregoing applicable requirements of this section shall be deemed conditions of adult or sexually oriented business permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

• AA. At the end of the calendar year the permittee shall furnish to the City Clerk a written statement containing the following: (1) whether the business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (2) whether the business devotes more than 25% of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (3) whether the retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to, CDs or DVDs) for sale or rental; or (4) whether gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 25% of the total gross revenue for the combined materials. This written statement shall be signed by an officer, director or managing agent of the applicant and shall contain the following certification:

"I declare under penalty of filing a false certificate or return, that this statement is made by me, that I am authorized to make such statement on behalf of the permittee, and that the annual gross receipt figures are true and correct to the best of my knowledge and belief."

• BB. No adult or sexually oriented business shall engage in or allow the sale, use, or consumption of any alcohol or liquor on the premises of the adult or sexually oriented business. It is a violation of this chapter for a person to engage in or allow the sale, use or consumption of any alcohol or liquor on the premises of any adult or sexually oriented business.

(Prior code § 5.92)

• A. As a further condition of approval of every adult or sexually oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee with the City of Vernon Police Department within five business days of the commencement of the employee's period of employment at the adult or sexually oriented business.

• B. Each employee shall be required to provide two recent color passport-quality photographs, shall allow him or herself to be fingerprinted by the City of Vernon Police Department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the City of Vernon Police Department:

  1. Full legal name, present street address of the actual location of the employee's residence, and telephone number.

  2. Date of birth.

  3. Social Security number.

  4. Height, weight, color of eyes and hair.

  5. Stage name (if applicable) and other aliases used within the previous two years.

  6. An acknowledgment, signed by the employee under the penalty of perjury, that the individual has received and read a copy of the development and performance standards in Section 5.40.130 of this Code.

• C. The information provided for purposes of this section shall be maintained by the City of Vernon Police Department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.

• D. Each owner or operator of an adult or sexually oriented business shall maintain a current register of the names of all employees currently employed by the adult or sexually oriented business, and shall disclose such registration for inspection by any City of Vernon police officer for purposes of determining compliance with the requirements of this section.

• E. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.

• (Prior code § 5.93)

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

(Prior code § 5.94)

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

• B. The City Administrator, or designee, shall provide each adult or sexually oriented business employee required to have an adult or sexually oriented business employee permit pursuant to this chapter, an identification card containing the name, address, photograph and permit number of such employee.

• C. A permitted adult or sexually oriented business employee shall have such card available for inspection at all time during which such person is on the premises of the adult or sexually oriented business.

• (Prior code § 5.95)

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

• B. It is unlawful for any permittee, operator or other person in charge of any adult or sexually oriented business to permit to enter, or remain within the adult or sexually oriented business, any person who is not at least 18 years of age. (Prior code § 5.96)

The permittee and/or operator shall permit officers of the City and representatives of the Police Department, Health Department, Fire Department, Public Works Department, or other City departments to conduct unscheduled inspections of the premises of the adult or sexually oriented business for the purpose of ensuring compliance with the law at any time the adult or sexually oriented business is open for business or occupied. A person who operates an adult or sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. The purpose of the inspection is to determine whether the premises is being operated in compliance with all the requirements of applicable law. Delay or obstruction of such inspection may be grounds for suspension or revocation of any license or permit issued by the City.

(Prior code § 5.97)

Any person who possesses a current business license for an adult or sexually oriented business that is not subject to Section 5.40.030 or who operates a business which was not deemed to be an adult or sexually oriented business prior to June 20, 2003, but which, through an expansion of such business in the manner set forth in Section 5.40.030 is deemed to constitute an adult or sexually oriented business under this chapter and who does not have a validly issued adult or sexually oriented business permit issued pursuant to the provisions of this chapter, and all persons required by this chapter to obtain an adult or sexually oriented business employee permit, must apply for and obtain such permit within 90 days of June 20, 2003. Failure to do so and continued operation of an adult or sexually oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult or sexually oriented business after such time without a permit shall constitute a violation of this chapter. (Prior code § 5.98)

The provisions of this chapter regulating adult or sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City. (Prior code § 5.99)

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, during any portion of which, any such person commits, continues, permits, or causes a violation hereof, and each offense shall be punishable separately. (Prior code § 5.100)

In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in the City Code.

(Prior code § 5.101)

Every person, whether acting as an individual owner, employee or 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 or who participates in the operation of an unpermitted adult or sexually oriented business, or who violates any provisions of this chapter shall be guilty of a misdemeanor.

(Prior code § 5.102)

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall create a cause of action for injunctive relief. (Prior code § 5.103)

Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney or the Los Angeles County District Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, 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 or sexually oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. (Prior code § 5.104)