Williams Municipal Code Ch. 5.17 Adult-Oriented Business Permit

The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, may have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult-oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult-oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas, as set forth in more detail in the ordinance adopting this chapter. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult-oriented businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult-oriented business to their intended market. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

(Ord. 134-4 § 3(part), 2004).

As used in this chapter:

A. "Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "adult-oriented business" for definition of regular and substantial portion of its business.)

B. "Adult cabaret" means a nightclub, bar, lounge, restaurant, coffee shop, "juice bar" or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

C. "Adult hotel/motel" means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and/or which rents, leases or lets any room for less than a twelve hour period and/or rents, leases or lets any room more than once in a twenty-four hour period and/or which advertises the availability of any of the above.

D. "Adult model studio" means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult model studio shall not include any live art class or any studio or classroom that is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300, et seq. of the Education Code.

E. "Adult motion picture arcade" means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

F. "Adult-oriented business" means any business establishment or concern which as a regular and substantial course of conduct operates or performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel/hotel; any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:

1. The area devoted to sexually oriented merchandise and/or sexually oriented material exceeds more than twenty-five percent of the total display or floor space area open to the public;

2. The business establishment or concern presents any type of live entertainment that is characterized by an emphasis on specified sexual activity or specified anatomical parts at least four times in any month;

3. The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment that are characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts.

G. "Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

H. "Entertainer" means any natural person who dances, models, acts, entertains, performs and/or engages in any live entertainment showing displaying or exposing specified anatomical parts and/or depicting or involving specified sexual activities, or who performs in or wears attire commonly referred to as pasties or a g-string or any other opaque covering, over the nipple and areola of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.

I. "Entertainment" means any act, play, burlesque show, revue, pantomime, cabaret, modeling fashion or style show, scene, dance, song, song and dance act, or instrumental music performed, engaged in, presented or participated in at an adult-oriented business by one or more live entertainers for or in view of any patron.

J. "Individual viewing area" means any area of an adult-oriented business such as a booth, cubicle or stall designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations.

K. "Live art class" means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four hours in advance of participation in the class.

L. "Patron" means any patron, customer, client, guest or invitee of an adult-oriented business.

M. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical parts.

N. "Sexually oriented merchandise" means sexually oriented implements and paraphernalia, such as, but not limited to dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

O. "Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals; pubic region; buttocks, 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.

P. "Specified sexual activities" means:

1. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophiha, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

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

4. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

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

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

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

8. The presence of any person who performs, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings or any other opaque covering, over the nipple and areola of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.

(Ord. 134-4 § 3(part), 2004).

A. Permit Required. No person or entity shall establish, operate, conduct or maintain any adult-oriented business in the city, unless such person or entity has first obtained a permit pursuant to this chapter. No person or entity shall continue to operate, conduct or maintain any adult-oriented business after its adult-oriented business permit has been suspended (for the duration of the suspension), revoked or not renewed.

B. Application Submittal. The property owner, or authorized agent of the property owner, is eligible to request an adult-oriented business permit. Applications shall be submitted to the city clerk. The following information is required at the time an adult-oriented business permit is submitted:

1. A completed adult-oriented business permit application signed by the property owner or authorized representative;

2. A nonrefundable fee as set forth by resolution of the city council;

3. A diagram or floor plan describing the proposed project and showing or explaining how it complies or will comply with the findings/requirements contained in Section 5.17.040 and, if applicable, Section 5.17.050;

4. Signed statement by the applicant verifying the applicant intends to and will comply with all operational requirements of Section 5.17.040 and, if applicable, Section 5.17.050;

5. Signed statement that the applicant, and/or the applicant's officers, partners or investors have not had an adult-oriented business permit revoked within the previous two years;

6. All other information as required by the city of Williams adult-oriented business permit application form.

C. Determination of Completeness. The city administrator shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within five business days of the date of receipt of the application that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have thirty calendar days to submit additional information to render the application complete. Failure to submit the additional information within the thirty-day period shall render the application void. Within five business days following the receipt of an amended application or supplemental information, the city administrator shall again determine whether the application is complete in accordance with the procedures set forth in this chapter. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five days of the date the application is found to be complete. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.

(Ord. 134-4 § 3(part), 2004).

The city administrator shall issue an adult-oriented business permit within twenty days of receipt of a complete application if he or she finds that the application fully complies with the findings and requirements of this section. If the city administrator has not made a decision within twenty days of receipt of a complete application the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless and until the city administrator notifies the applicant of a denial of the application and states the reason(s) for the denial. A complete application shall consist of all sections of the written application answered with requested information accompanied by plans showing how the business intends to comply with the requirements of this chapter. If a permit application is denied by the city administrator, the applicant may appeal the decision to the city council pursuant to Section 5.17.100.

A. The adult-oriented business is located in an approved zoning district in compliance with zoning and location requirements of Williams Municipal Code Chapter 17.118.

B. The adult-oriented business is not located completely or partially within any mobile structure or pushcart.

C. The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events that would increase the demand for parking beyond the approved number of spaces for the particular use.

D. The adult-oriented business provides a security system that visually records and monitors all parking lot areas. All indoor areas of the adult-oriented business shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include but not be limited to those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization.

E. The adult-oriented business complies with the city's sign regulations.

F. The adult-oriented business complies with the development and design requirements of the zone in which it is to be located for the specific underlying use.

G. The adult-oriented business shall not display any sexually oriented material or sexually oriented merchandise that would be visible from any location outside the adult-oriented business.

H. The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.

I. The adult-oriented business will not operate between the hours of two a.m. and seven a.m.

J. Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult-oriented business have been found guilty within the past two years of a misdemeanor or felony classified by the state as a sex-related offense and have not violated any of the provisions of an adult-oriented business permit or similar permit or license in any city, county, territory or state.

K. The adult-oriented business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise.

L. The interior of the adult-oriented business is configured such that there is an unobstructed view of every public area of the premises, including but not limited to, the interior of all individual viewing areas, from a fixed manager's station within the premises. No public area, including but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area 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 person at a time. To the extent this provision is inconsistent with any other provision of this code regulating the interior arrangement of adult-oriented businesses, this provision shall control.

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

N. The individual viewing areas of the adult-oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior spaces of two or more individual viewing areas.

O. No building, premises, structure, or other facility shall be permitted to contain more than one type of adult-oriented business as such types of adult-oriented business are defined in Section 5.17.020. For the purposes of this section, the catchall phrase "adult-oriented business" shall not be considered a single type of adult-oriented business.

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

Q. 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 shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times.

R. No operator, entertainer, employee or agent shall show or display his or her human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. No permittee, owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to show or display his or her human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

S. No operator, entertainer, employee or agent of an adult-oriented business providing live entertainment shall permit to be performed, offer to perform or perform sexual intercourse, oral or anal copulation, fondling or physical stimulation of either clothed or unclothed human genitals, pubic regions, buttocks or female breasts with any patron.

T. No operator, entertainer, employee or agent of an adult-oriented business shall permit any patron to touch, caress, or fondle the clothes or unclothed breast, buttocks, anus or genitals of any operator, entertainer, employee or agent of an adult-oriented business providing live entertainment or permit any entertainer, operator, employee or agent to touch, caress or fondle the clothed or unclothed breasts, buttocks, anus, genitals of any patron.

U. If the place of entertainment is licensed to serve alcoholic beverages, the permittee shall abide by the rules and regulations set forth by the California Department of Alcoholic Beverage Control.

V. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the state fire marshall or city fire chief standards and regulations and all applicable building and fire safety regulations and standards adopted by the city. If an applicant or operator of an adult-oriented business proposes new construction, alteration, repair, reconstruction, renovation or rehabilitation, or change of use or conversion of any building or structure that requires a city building permit, then the applicant or operator shall be subject to all the requirements and conditions of the building (including, but not limited to, fire, electrical, plumbing, mechanical and disability access) codes, laws, regulations and standards in the same manner as for any other building or structure of the same type, size and occupancy classification.

No adult-oriented business shall be issued a permit or be permitted to operate within the city if state or federal law otherwise prohibits the business.

(Ord. 134-4 § 3(part), 2004).

If an adult-oriented business provides, presents, features or offers any entertainer on site, then the adult-oriented business and any entertainer at that business also shall comply with the following regulations (in addition to the other regulations of this chapter):

A. No person shall perform, engage in, present or participate in any entertainment except upon a stage that satisfies the following standards: it is at least eighteen inches above the level of the floor; the edge or front of the stage or stages is separated by a distance of at least ten feet from the nearest area occupied by patrons, there is a railing, fence, partition or other barrier on the front or edge of the stage or stages at least thirty inches in height that is capable of, and which actually results in, separating the entertainers on stage and patrons by at least ten feet. No patron shall be permitted within ten feet of the stage while an entertainer occupies the stage. No entertainer shall perform, engage in, present or participate in any entertainment within ten feet of any patron. This subsection shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by glass or plexiglass or a combination of wall and glass or plexiglass or other permanent barrier.

B. Stage or entertainment areas shall not be open to view from outside the premises.

C. The premises shall provide separated dressing room facilities for entertainers that are exclusively dedicated to the entertainers' use.

D. The permittee shall provide an entrance/exit to the premises for entertainers that are separate from the entrance/exit used by patrons.

E. No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the adult-oriented business premises.

F. No patron shall directly pay or give any gratuity, gift or monetary tip to any entertainer and no entertainer shall accept direct payment or giving of gratuity, gift or monetary tip from any patron while on the adult-oriented business premises.

G. No entertainer shall show or display his or her human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. The wearing of attire commonly referred to as pasties and a g-string as described in the definition of "entertainer" shall not be a violation of this provision.

H. If the occupancy limit of the premises, or that portion of the premises where entertainment is performed, is greater than fifty persons, at least one security guard will be on duty patrolling the premises, grounds and parking areas at all times while the business is open. An additional security guard will be on duty if the occupancy limit exceeds one hundred persons. The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter. No security guard required pursuant to this provision shall act as a door person, ticket seller, ticket taker, admittance person, entertainer, waiter, bartender or food/drink server or attendant while acting as a security guard.

(Ord. 134-4 § 3(part), 2004).

An adult-oriented business permit shall be valid for a period of one year from the date of issuance.

(Ord. 134-4 § 3(part), 2004).

An adult-oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the adult-oriented business continue to meet the requirements set forth in this chapter. A request for permit renewal must be accompanied by a completed adult-oriented business permit application. If the renewal application conforms to the previously approved application and the adult-oriented business, permittee and owner have not changed, and the permittee and the adult-oriented business have satisfied the requirements set forth in this chapter, the city administrator shall renew the permit for another year. Any change or alteration in that nature or operation of the adult-oriented business will require the renewal to be reviewed by the city administrator pursuant to the standards of Section 5.17.040. The renewal fee for an adult-oriented business permit shall be established by resolution of the city council. If a permit renewal is denied, the applicant may appeal the decision to the city council pursuant to section 5.17.100.

(Ord. 134-4 § 3(part), 2004).

No adult-oriented business permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult-oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult-oriented business from one element of an adult-oriented business to another element of an adult-oriented business or any increase of ten percent or more of the floor area of the adult-oriented business shall also render the permit null and void. An adult-oriented business permit shall only be valid for the exact location specified on the permit. No off-site presentations of entertainment shall be permitted. An adult-oriented business permit may be transferred to a new or different person, group, partnership, corporation or other entity or to a different location only pursuant to a new application filed and approved under this chapter.

(Ord. 134-4 § 3(part), 2004).

A. Inspections. The adult-oriented business shall permit officers of the city of Williams, the county of Colusa, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.

B. Revocation Grounds. The city may revoke or suspend an adult-oriented business permit for any of the following causes or reasons:

1. The adult-oriented business has been operated in violation of, or there has been a violation of or failure to comply with, any of the requirements of this chapter, including, but not limited to, Section 5.17.040 or 5.17.050;

2. It is discovered that the application contains incorrect, false or misleading information;

3. Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business;

4. The permittee has ceased to meet the requirements for issuance of permit.

5. The permittee holder is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647.

6. If, on two or more occasions within a twenty-four month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (B)(6) as a result of such person's activity on the adult-oriented business premises, and the person or persons were employees, contractors or agents of the adult-oriented business at the time the offenses were committed.

7. If the permittee or an employee, contractor or agents of the adult-oriented business has knowingly allowed prostitution, or solicitation for prostitution, on the premises.

C. Revocation/Suspension Notice. On determining that grounds for permit suspension or revocation exist, the city administrator 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, and the ground or grounds upon which the hearing is based, the pertinent authority for the ground(s), and a brief statement of the factual matters in support of the proposed suspension or revocation. 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 ten days prior to the hearing date.

D. Revocation/Suspension Hearings. Hearings shall be conducted by the planning commission. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 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. After holding the hearing in accordance with the provisions of this section, if the planning commission finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the planning commission shall impose one of the following: (1) a warning, (2) suspension of the permit for a specified period not to exceed one year; or (3) revocation of the permit. These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by state law or other county ordinance. The planning commission's decision shall be in writing. Any permittee aggrieved by a decision of the planning commission may appeal the decision pursuant to section 5.17.100.

E. In addition to the foregoing, an adult-oriented business permit shall be deemed revoked and terminated if the use for which the permit was granted has ceased, been abandoned or been suspended for a period of twelve or more consecutive months. The city administrator may determine whether or not an adult-oriented business has ceased operation, been abandoned or been suspended within the meaning of this subsection. The city administrator may mail notice of such a determination to the permittee, who may appeal the determination in the same manner as a permit revocation

F. If a permittee aggrieved by a suspension or revocation decision of the planning commission (or a determination under subsection (E) fails to timely file an appeal with the city council within ten days as provided by Section 5.17.100, then the suspension or revocation decision or city administrator determination shall take effect upon expiration of the ten-day period.

G. Any business established, operated, conducted or maintained contrary to the provisions of this chapter is unlawful and hereby declared to constitute a public nuisance. The city may commence an appropriate civil action(s) or proceeding(s) for the abatement, removal and enjoinment of the nuisance in the manner provided by law, to enforce any permit suspension, revocation or non-renewal, and/or for such other relief as will abate or remove the adult-oriented business and restrain and enjoin any person from operating, conducting or maintaining such a business contrary to the provisions of this chapter. Notwithstanding any other provision of this code, a violation of any provision of this chapter shall not constitute a felony, misdemeanor, infraction or other crime, but rather shall be enforced by appropriate civil action.

(Ord. 134-4 § 3(part), 2004).

A. After denial of an application for an adult-oriented business permit, after denial of renewal of such a permit, or after suspension or revocation of such a permit, the aggrieved applicant or permittee may appeal such administrative action or decision to the city council by filing a notice of appeal with the city clerk within ten days of the date of the challenged action or decision. The city council shall hear the appeal in accordance with the same hearing procedures and standards set forth in Section 5.17.090(D). The city council may affirm, reverse or modify the decision of the planning commission or city administrator. The city council's appeal hearing shall be held and a decision rendered by resolution adopted within thirty days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the city and appellant.

B. The denial, suspension and revocation of permits under this chapter shall be subject to prompt judicial review and decision pursuant to Code of Civil Procedure Section 1094.8. If a permit denial, suspension or revocation decision is affirmed on review by the city council, the applicant or permittee may seek judicial review of the council's decision pursuant to Code of Civil Procedure section 1094.8.

C. If a permittee seeks judicial review of a permit non-renewal, suspension or revocation decision, then the permit non-renewal, suspension or revocation will be stayed as follows:

1. If the permittee files and serves a petition for writ of mandate under Code of Civil Procedure Section 1094.8 within twenty-one days after the final city council decision on the appeal, then the permit non-renewal, suspension or revocation shall be stayed pending a trial court decision under Code of Civil Procedure Section 1094.8. If affirmed by the trial court, the permit non-renewal, suspension or revocation shall take effect immediately, unless otherwise provided by court order or applicable law.

2. If the permittee fails to timely file and serve a petition for writ of mandate under Code of Civil Procedure Section 1094.8 within twenty-one days after the final city council decision on the appeal, then the permit non-renewal, suspension or revocation shall take effect upon expiration of the twenty-one-day period.

(Ord. 134-4 § 3(part), 2004).