Windsor Municipal Code Art. 6 Development and Performance Standards and Regulations

It shall be unlawful for any licensee, operator, or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least eighteen (18) years of age or to provide any service for which this chapter requires a license, to any person who is not at least eighteen (18) years of age.

(Ord. No. 2007-220 § 4 (part))

No adult-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 or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. 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.

(Ord. No. 2007-220 § 4 (part))

No person under the age of eighteen (18) years shall be permitted within the adult-oriented business any time. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or his or her designee.

(Ord. No. 2007-220 § 4 (part))

All indoor areas of the adult-oriented business where patrons or members of the public are permitted, excluding rest rooms, shall be open to view by management at all times.

(Ord. No. 2007-220 § 4 (part))

Adult-oriented business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a. Adult-oriented businesses featuring live entertainment shall provide at least one (1) security guard at all times while the business is open. If the occupancy limit of the adult-oriented business is greater than thirty-five (35) persons, an additional security guard shall be on duty.

b. Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with 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. All such uniforms shall be distinct from the uniforms worn by the Windsor Police Department. Persons acting as security guards shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this section shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager's station while acting as a security guard.

(Ord. No. 2007-220 § 4 (part))

Every licensee of an adult-oriented business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all past and current persons so performing at the adult-oriented business and their license numbers. Such register shall be available for inspection during regular business hours by any police officer of the Town.

(Ord. No. 2007-220 § 4 (part))

a. An applicant or licensee shall permit representatives of the Police Department, Fire Department, Community Development Department, or other Town departments or agencies (including without limitation the County Health Department) to inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the law, at any time the adult-oriented business is occupied or open for business.

b. It is unlawful for a person who operates an adult-oriented business or that person's agent or employee to refuse to permit such lawful inspection of the adult-oriented business at any time it is open for business.

(Ord. No. 2007-220 § 4 (part))

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and for female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, except to carry out duties of repair, maintenance and cleaning of the restroom facilities, and vice-versa. The restrooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment.

The foregoing requirements of this section shall be deemed conditions of Adult-Oriented Business License approvals and failure to comply with every such requirement shall be grounds for revocation of the license.

(Ord. No. 2007-220 § 4 (part))

Any adult-oriented business which is also an adult arcade shall comply with the following provisions:

a. The interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. If the adult-oriented business has two (2) or more manager stations designated, then the interior of the adult-oriented business shall be configured in such a manner that there is an unobstructed view from at least one (1) of the manager stations of each area of the adult-oriented business to which any patron is permitted access.

b. It shall be the duty to the licensee to ensure that the view area required by subsection a of this section is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the adult-oriented business is open to patrons.

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

d. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one (1) booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.

e. Customers, patrons, or visitors shall not be allowed to loiter in the vicinity of any such video booths, or remain in the common area of such adult-oriented businesses, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

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

(Ord. No. 2007-220 § 4 (part))

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment distinguished or characterized by the depiction, description, showing or simulation of specified anatomical areas or involving specified sexual activities, except for business regulated by the California Department of Alcoholic Beverage Control.

a. No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least twenty-four (24) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest area occupied by patrons. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this section. Performer shall mean any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

b. The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

c. The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

d. The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three (3) foot wide aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers.

e. No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact anywhere on or within the premises of the adult-oriented business, including off-street parking areas.

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

g. No 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 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 and/or covered male genitals in a discernibly turgid state. This subsection may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

(Ord. No. 2007-220 § 4 (part))

a. Evidence that any sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel.

b. It is unlawful for any when, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an Adult-Oriented Business License, to rent or sub-rent a sleeping room to a person and, within ten (10) hours from the time the room is rented, rent or sub-rent the same sleeping room again.

c. For purposes of subsections a and b of this section, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. No. 2007-220 § 4 (part))

a. A person who operates or causes to be operated an adult-oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1. Upon application for an Adult-Oriented Business License, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the license 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 of the interior of premises to an accuracy of plus or minus six (6) inches. The Chief of Police 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 a manager's station may be made without the prior written approval of the Chief of Police.

3. It is the duty of the licensee of the adult-oriented business to ensure that at least one (1) licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the adult-oriented business.

4. The interior or the adult-oriented business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult-oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult-oriented business has two (2) or more designated manager'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-oriented business to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required by this section must be by direct line of sight from the manager's station.

5. It shall be the duty of the licensee 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 licensee to ensure that no patron is permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted pursuant to subsection a.1 of this section.

7. No viewing room may be occupied by more than one (1) person at any time.

8. The adult-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 five (5) foot candles as measured at the floor level.

9. It shall be the duty of the licensee 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 viewing rooms or booths.

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

12. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.

13. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths 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 forty eight (48) inches of the floor.

b. It is unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. No. 2007-220 § 4 (part))

a. A nude model studio shall not employ any person under the age of eighteen (18) years.

b. It is unlawful for a person under the age of eighteen (18) years to appear semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

c. It is unlawful for a person to appear in a state of nudity, or knowingly allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

d. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 2007-220 § 4 (part))

a. It is unlawful for a person knowingly and intentionally, in an adult-oriented business, to appear in a state of nudity or depict specified sexual activities.

b. It is unlawful for a person knowingly or intentionally, in an adult-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 twenty-four (24) inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest areas occupied by patrons.

c. It is unlawful for an employee or performer while semi-nude in an adult-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.

d. It is unlawful for an employee or performer, while semi-nude, to touch a patron or the clothing of a patron.

(Ord. No. 2007-220 § 4 (part))

a. The hours of operation for an adult-oriented business shall not include the hours of 2:00 a.m. to 7:00 a.m.

b. The provisions of this section shall not apply to an adult motel.

(Ord. No. 2007-220 § 4 (part))