Sec. 26-108. - Adult-oriented business.

The purpose of this section is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult-oriented businesses near each other or proximity to other incompatible uses such as schools for minors, places of worship, and residentially zoned districts.

It has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described herein can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this division to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their proximity to incompatible uses, while permitting the location of such businesses in appropriate areas.

By the adoption of this section, the City Council does not intend to condone or legitimize the distribution of obscene material, and the City Council recognizes that state law prohibits the distribution of certain

materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities within the City.

(a)

Application. Any person, association, partnership, group, or corporation wishing to operate, any adultoriented business shall submit an application for an administrative permit, to the Community Development Director or their designee. Possession of other State or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant or deny a permit application in accordance with the provisions of grounds for denial pursuant to subsection (m) below. An administrative permit application for an adult-oriented business or adult-oriented business performer shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by City Council resolution.

(2)

If the applicant is an individual, the individual shall state their legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(3)

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement.

(4)

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 address and contact information of the registered office for service of process.

(5)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

(6)

If the adult-oriented business applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

(7)

A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners or lessors of the proposed premises.

(8)

The address to which notice of action on the application is to be mailed; the address shall not be a post office box.

(9)

An applicant must state under penalty of perjury that he or she (as well as any of the officers, directors, or partners in the business) does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(10)

The names of all employees, independent contractors, and other persons who will work at the adultoriented business, including performers.

(11)

A sketch or diagram showing the interior configuration of the premises or the adult-oriented business, including a statement of the total floor area occupied by the adult-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 (6) inches.

(12)

A certificate and map prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business and the property line of any other adultoriented business within seven hundred and fifty (750) feet of the primary entrance of the adult-oriented business for which a permit is requested; and the property lines of any church, school, park, residential zone or use within five hundred (500) feet of the primary entrance of the adult-oriented business.

(13)

A diagram of the off-street parking areas and premises entries of the proposed business showing the location of the lighting system.

(14)

A security plan that satisfies the requirements of subsection (f) below.

(15)

Any individual who has been issued an administrative permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.

(b)

Any individual wishing to perform as an adult oriented business performer shall submit an application to the Community Development Director. Possession of other state or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant, conditionally grant, or deny a permit application in accordance with the provisions of section 26-108(e) (permit processing; grounds for denial). An application for a performer permit shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by City Council resolution.

(2)

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; age, date, and place of birth; height, weight, and hair and eye color; and present residence address and telephone number.

(3)

A copy of the applicant's driver's license, or other current government-issued identification.

(4)

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

(5)

An applicant must state under penalty of perjury that he or she does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(6)

The applicant must declare under penalty of perjury whether he or she 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 the applicant has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, the applicant shall provide the place of such registration, licensing or legal authorization, and the inclusive dates during which he or she was so licensed, registered, or authorized to engage in prostitution.

(7)

The applicant's fingerprints on a form provided by the police department, and a passport-size color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

(8)

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

(9)

Any individual who has been issued a performer permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.

(10)

All persons who have been issued a business permit shall supplement the information provided as part of the application for the permit required by this section, including, but not limited to, the names of all performers required to obtain a performer permit, within fifteen (15) calendar days of any change in the information originally submitted.

(c)

For both a business permit application, the Community Development Director or their designee shall determine whether the application is complete within thirty (30) days of receipt. The application shall be determined to be complete upon receipt of all required documentation and fees. The Community Development Director or their designee shall thereafter approve or deny the permit within thirty (30) days of determining that the application is complete in accordance with the provisions of this section.

(d)

Business permit grounds for denial. The Community Development Director or their designee shall deny a business permit application for adult entertainment on the following grounds:

(1)

The building, structure, equipment or location used by the business for which an adult-oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the state, or with the locational or development and performance standards and requirements of this article.

(2)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit, or within any subsequently updated information, renewal or report required by this division.

(3)

An applicant is under eighteen (18) years of age.

(4)

The adult-oriented business does not comply with the locational standards.

(5)

The applicant has, within the previous twelve (12) months, had a permit for an adult-oriented business denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(6)

The applicant (or any officers, directors, or partners in the business) has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

d.

If for an adult performer business permit- The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented performer permit, or within any subsequently updated information, renewal or report required by this division.

(e)

Grounds for denial. The Community Development Director or their designee shall deny an administrative permit for an adult performer application on the following grounds:

(1)

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult oriented performer permit, or within any subsequently updated information, renewal or report required by this division.

(2)

The applicant is under eighteen (18) years of age.

(3)

The applicant has, within the previous twelve (12) months, had a performer permit denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(4)

The applicant has, within the previous twelve (12) months, had a prostitution permit denied, suspended, or revoked.

(5)

The applicant has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

d.

In the event a business or performer permit is denied, the applicant shall not reapply for a period of twelve (12) months from the date the denial becomes final.

(f)

Location. The adult-oriented business is to be located in the Service-Commercial (S-C) zone, Medium Commercial (C-2) zone, heavy-commercial (C-3) zone, regional-commercial (RC) zone, manufacturing (M-1) zone, or the urban center and general urban zones in the downtown plan.

(1)

Adult-oriented businesses may not be located within the proximity of the following (measured in a straight line from the property line to zone boundary):

a.

Within five hundred (500) feet of any residential zone or any lot upon which a residential use is legally occurring at the time this article is adopted and continues to occur at the time the application is reviewed;

b.

Within five hundred (500) feet of any lot upon which there is located a church or other religious facility or institution, public park, or educational institution which is utilized by minors;

c.

Within seven hundred and fifty (750) feet of another adult-oriented business, provided that this separation requirement also applies from adult-oriented businesses that are in adjacent cities; and

d.

Within one hundred (100) feet of the civic center property line.

(2)

The adult-oriented business shall not be located in an area where the traffic from the adult oriented business shall increase the volume capacity ratio below level of service E; or, will worsen the existing condition at level of service F; or increase the volume capacity ratio by 0.02, all as determined by the City Engineer.

(g)

Moving signs, as defined in article I, as well as signs with changeable copy and temporary signs are not permitted for adult businesses. Exterior signs shall not depict recognizable specified anatomical areas or adult entertainment activities. Advertisements, displays of merchandise, signs or any other exhibit depicting specified anatomical areas or adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

(h)

Exterior painting. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of structures on abutting properties.

(i)

Development standards. Except as set out herein or otherwise restricted by law, the adult oriented business shall comply with the development standards, including signage standards, for the zone in which the business is located.

(j)

Display of adult oriented material or merchandise. The adult-oriented business shall not display any adult oriented material or merchandise in such a manner so as to be visible from any location other than within the adult-oriented business.

(k)

Exclusion of minors. The adult oriented business shall not be accessible to any person under the age of eighteen (18), and such exclusion shall be clearly posted at all entrances.

(l)

Areas open to public view. No area within the adult oriented business shall be visible from its exterior.

(m)

Nude adult-oriented performances are prohibited. Adult oriented performers shall wear no less than pasties to cover the nipple areas of female breasts, and a g-string that covers the genital area.

(n)

Interior orientation. The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises (excluding restrooms), including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area (excluding restrooms), including, but not limited to, the interior of any individual viewing

area, shall be obscured by any door, curtain, wall, two (2) way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one (1) person at a time.

(o)

Business hours. No adult oriented business shall operate from the hours of 2:00 a.m. to 7:00 a.m.

(p)

Parking lot lighting. The parking lot lighting system shall be designed to produce a minimum light level of three (3) foot-candles on the entire parking facility's horizontal surface.

(q)

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

(1)

Arcade: Ten (10) foot-candles in public areas;

(2)

Bookstores: Twenty (20) foot-candles;

(3)

Cabaret: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

(4)

Individual viewing booths: 1.25 foot-candles;

(5)

Motion picture theater: Ten (10) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

(6)

Theater: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot candles;

(7)

Other establishments not listed above: Twenty (20) foot-candles ground level (excluding those areas shielded by tables and similar obstructions).

(r)

Operation of individual viewing areas. Each machine used to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, shall be located in an individual viewing area. Any individual viewing area of the adult oriented business shall be separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier and shall be operated and maintained with no holes, openings, or other means of direct visual or physical access between the interior space of two (2) or more individual viewing areas. No individual viewing area may be occupied by more than one (1) person at any one (1) time.

(s)

Separation zones. Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six (6) feet and no physical contact between performers and patrons shall be permitted. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.

(t)

Use of single building for multiple uses. No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult oriented business as such types of adult oriented business are defined in article I. For the purposes of this section, the phrase "adult oriented business" shall not be considered a single type of adult oriented business.

(u)

Payment of gratuity. No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.

(v)

Separate restrooms. The adult-oriented business shall provide separate restroom facilities for male and female patrons and employees. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.

(w)

Parking. The adult oriented business complies with the City's parking standards for the underlying use. Where no City parking standards exist for a particular underlying use, the applicant shall provide one (1) space per occupant as based upon the maximum occupancy as determined by the building official.

(x)

Security plan. A detailed security plan is submitted to the Community Development Director that describes measures that will be implemented to provide adequate security both within the interior and exterior of the premises of the business, specifically including, but not limited to, measures to comply with the requirements of for areas open to public view and parking.

(y)

Security guards. For an adult oriented business that provides live entertainment, at least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open and providing live entertainment. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises for each additional fifty (50) patrons permitted. The security guard(s) shall be charged with preventing violations of and enforcing compliance by patrons with the requirements of this division, and notifying the appropriate authorities of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker or admittance person while on duty as a security guard.

(z)

The business location, structure, and equipment complies with all applicable health, fire, building, or other state, federal, or local laws and regulations.

(aa)

The owner or manager of an adult oriented business will not permit any employee on the premises to engage in a live showing of specified anatomical areas. The owner or manager of an adult oriented business shall be responsible to ensure compliance with this division by employees, performers and patrons.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)