Westlake Village Municipal Code Part II Adult Entertainment Regulatory Permit

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

(Ord. No. 166-00, Enacted, 9/27/00)

A. The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment regulatory permit for such business. No person under eighteen (18) years of age shall be eligible for an adult entertainment regulatory permit.

B. The following shall be submitted to the Director at the time of application for an adult entertainment regulatory permit:

1. A completed application form signed by: (a) the applicant; and (b) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult entertainment business is to be conducted.

2. The applicant's fingerprints on a form provided by the Los Angeles County Sheriff's Department. Any fees for the fingerprints shall be paid by the applicant.

3. Two (2) passport-size color photographs, taken within six (6) months prior to the date of the application, that clearly show the applicant's face. Any fees for the photographs shall be paid by the applicant.

4. A written description of the proposed adult entertainment business and how it will satisfy the requirements of this Part.

5. A site plan depicting the building and unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan that depicts how the business will comply with the requirements of this Part. The site plan also shall include a diagram of the off-street parking areas required by this Code.

6. A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct.

7. A nonrefundable application fee in an amount set by resolution of the City Council.

C. If the Director determines that the applicant has failed to complete the application, then the Director shall promptly notify the applicant of such fact and, upon request of the applicant, shall return the application. As a courtesy to the applicant, upon request of the applicant, the Director shall grant the applicant an extension of time of ten (10) calendar days to complete the application. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this subsection shall be construed to relieve the Director of the duty to make a decision within the time limits set forth in Section 6.11.230 of this Chapter.

(Ord. No. 166-00, Enacted, 9/27/00)

The Director may deny an application for an adult entertainment regulatory permit for any of the following causes:

A. The applicant has failed to complete the application;

B. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;

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

D. The proposed business does not comply with the location restrictions of Article 9 of this Code;

E. The applicant proposes to conduct more than one type of adult entertainment business, as such types are defined in this Part, within a single building, structure or facility;

F. The proposed business does not comply with the design standards of Section 6.11.240 of this Chapter;

G. The applicant has had an adult entertainment regulatory permit revoked by the City within the previous twelve (12) month period.

(Ord. No. 166-00, Enacted, 9/27/00)

The Director shall, within thirty (30) City business days of the filing of an application, approve and issue the adult entertainment regulatory permit if there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this Section shall not be extended except upon written consent of the applicant. Any interested person may appeal the decision of the Director to the Hearing Officer in accordance with this Part 5 of this Chapter.

(Ord. No. 166-00, Enacted, 9/27/00)

A. No building, structure or other facility shall contain more than one type of adult entertainment business, as such types are defined in this Part.

B. No adult entertainment business shall be located in any temporary or portable structure.

C. Trash dumpsters shall be enclosed by a locked screening enclosure so as not to be accessible to the public.

D. All off-street parking areas and premise entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on parking surfaces and walkways and a minimum maintained horizontal illumination of one-fourth footcandle of light on parking surfaces. The lighting shall be shown on the site plan required as part of the adult entertainment regulatory permit application.

E. The premises within which the adult entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building of same business park.

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

G. All indoor areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:

H. The adult entertainment 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 adult entertainment material and adult entertainment merchandise. 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 entertainment business that: (1) is not required to and does not provide restroom facilities to patrons or the general public; and (2) deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise that is not used or consumed on the premises.

I. Adult arcades shall comply with the following additional requirements:

1. The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required by this subsection must be direct line of sight from the designated manager's station. At all times the view required by this subsection shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

2. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (a) viewing from one room or booth into another; or (b) physical contact of any kind between the occupants of any two such rooms or booths.

3. Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

4. No alteration in the configuration of a manager's station shall be made without the written approval of the Director.

J. Adult cabarets shall comply with the following additional requirements:

1. The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required by this subsection must be direct line of sight from the designated manager's station. At all times the view required by this subsection shall remain unobstructed by doors, walls, merchandise, display racks, or other materials.

2. No alteration in the configuration of a manager's station shall be made without the written approval of the Director.

3. Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers' use, shall be provided.

4. Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three (3) foot wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least thirty (30) inches in height and shall be sufficient to prevent physical contact between patrons and entertainers.

(Ord. No. 166-00, Enacted, 9/27/00)

A. At all times during business hours the adult entertainment regulatory permit issued for the business shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the establishment.

B. No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (1) adult entertainment material; (2) adult entertainment merchandise; (3) specified sexual activities; (4) specified anatomical areas; or (5) any nude or semi-nude person. This provision shall apply to displays, decorations, signs, windows and other openings.

C. Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

D. No person under the age of eighteen (18) years shall be permitted within the adult entertainment business at any time.

E. The adult entertainment business shall maintain a security system for parking areas serving the business in accordance with the following standards:

1. Businesses served by on-site parking areas shall maintain a security system that visually monitors and records such parking areas.

2. Businesses served by off-site parking areas shall maintain either (a) a security system that visually monitors and records such parking areas; or (b) at least one security guard charged exclusively with monitoring such parking areas at all times while the business is open; provided, however, that this subsection shall not apply to any business served by off-site parking areas that are used exclusively for valet parking.

F. Security guards shall be employed in accordance with the following standards:

1. One security guard shall be on duty within the business at all times during open hours; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than fifty (50) persons.

2. The security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.

3. The security guard(s) shall be charged with enforcing patron compliance with the requirements of this Chapter, and with notifying the Los Angeles County Sheriff's Department of any violations of law observed.

4. No security guard required pursuant to this section shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of a manager's station while acting as a security guard.

G. No adult entertainment business shall operate between the hours of 2:00 a.m and 8:00 a.m. on any day.

H. The exterior grounds of the premises of the adult entertainment business, including parking areas, shall be free from all adult entertainment material and adult entertainment merchandise.

I. The owner, operator, or other person in charge of the adult entertainment business shall allow City officers and their authorized representatives to conduct unscheduled inspections of the premises for the purpose of ensuring compliance with the law at any time the establishment is open for business or is occupied.

J. Gambling shall not be conducted or permitted on the premises.

K. No owner or other person with managerial control over the adult entertainment business shall permit any person on the premises to engage in a live performance characterized by the exposure of specified anatomical areas.

L. Adult arcades shall comply with the following additional requirements:

1. No viewing room or video booth may be occupied by more than one person at any one time.

2. At least one employee shall be on-duty and stationed at each manager's station at all times that a patron is present inside the premises.

3. Customers, patrons or visitors shall not be allowed to loiter in either: (a) the vicinity of viewing rooms or booths; or (b) the common area of the business.

4. The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

M. Adult cabarets shall comply with the following additional requirements:

1. No entertainer shall perform at the business unless such person is in possession of a valid adult entertainer permit as required by this Part.

2. No entertainer shall perform except upon a stage that is both: (a) at least eighteen (18) inches above the level of the floor; and (b) separated by a distance of at least six (6) feet from the nearest area occupied by patrons.

3. No patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within six (6) feet of any person dancing for any form of consideration.

4. No entertainer shall have physical contact with a patron before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

5. No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.

6. No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purpose of this provision, "directly pay or give" shall mean the placement of a gratuity by a patron on any portion of an entertainer's person or clothing.

7. No entertainer shall solicit any gratuity from a patron.

8. A register of all entertainers who perform at the business shall be maintained on the premises. Such register shall list each entertainer's legal name, stage name(s), and adult entertainer permit number.

9. On an annual basis, a copy of the register of entertainers who perform at the business shall be filed with the Director. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct.

(Ord. No. 166-00, Enacted, 9/27/00)

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

B. No adult entertainment regulatory permit shall be transferrable. Any attempt to transfer an adult entertainment regulatory permit is hereby declared invalid and the adult entertainment regulatory permit shall automatically become void effective the date of such attempted transfer.

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

(Ord. No. 166-00, Enacted, 9/27/00)

An adult entertainment regulatory permit shall be valid for twenty-four (24) months from the date of issuance unless suspended or revoked.

(Ord. No. 166-00, Enacted, 9/27/00)

A holder of an adult entertainment regulatory permit shall submit an application for renewal no later than thirty (30) calendar days prior to the expiration of the permit issued for such establishment. The renewal application shall be submitted together with a nonrefundable renewal fee in an amount established by resolution of the City Council. Applications for renewal of an adult entertainment regulatory permit shall be processed in accordance with the procedures governing initial applications.

(Ord. No. 166-00, Enacted, 9/27/00)

The requirements of this Part shall be deemed conditions of adult entertainment regulatory permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment regulatory permit.

(Ord. No. 166-00, Enacted, 9/27/00)