It is the purpose and intent of the City Council that the operation
of peep show establishments as defined in this Code should be regulated
for the protection of the public from the perils of fire, hazard to
health, and for the preservation of the peace of the community.
(1812 § 1, 1983; 2808 § 1, 2012)
means any still or motion picture machine, projector, or
other image-producing device that shows images to five or fewer persons
at any one time for any consideration.
means any place to which the public is permitted or invited
wherein still or motion picture machines, projectors, or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time for any consideration.
means the area where a patron or customer would ordinarily
be positioned while watching a film or peep show device.
(1812 § 1, 1983; 2062 § 1, 1988; 2808 § 1, 2012)
No person shall operate a peep show device unless a permit for
the operation of said device has been issued by the City and remains
in effect in conformity with the provisions of this Code.
(1812 § 1, 1983; 2808 § 1, 2012)
Permits under this chapter may be terminated only after a hearing
hereunder and are renewable semiannually at the time of payment for
the business license and payment of the fees by filing the form available
from the City to provide current information on ownership and management
of the business.
(1812 § 1, 1983; 2142 § 2, 1990; 2808 § 1, 2012)
Every person owning or operating a peep show device shall pay
a fee for each such device as established by City Council resolution.
Any person applying for a permit for a period of less than six months
shall pay a prorated fee.
(1812 § 1, 1983; 2808 § 1, 2012)
All applications for a permit or for the renewal of a permit
shall be accompanied by an investigation fee as established by City
Council resolution. In the event the permit is granted or renewed
the sum shall be applied to the permit fee. In the event such permit
is denied, the application fee shall be and become the property of
the City. The application shall be accepted as complete when the fee
and the information requested is completed and submitted to the City.
(1812 § 1, 1983; 2142 § 3, 1990; 2808 § 1, 2012)
Every applicant shall file an application for a permit, or for
the renewal of a permit, with the City upon the form to be provided.
Immediately upon the receipt of an application, the application shall
be delivered to the City Manager or his or her designee. The City
Manager or his or her designee shall cause to be made an investigation
of the application to determine whether:
A.
The
applicant has knowingly made a false or misleading statement of a
material fact or omission of a material fact in the application; or
B.
The
operation of the business as proposed pursuant to the issuance or
renewal of a license or permit will not be in compliance with the
building, fire, electrical, zoning, plumbing, and health requirements
as set forth in the code; or
C.
The
applicant is under 18 years of age; or
D.
The
applicant has had a similar type of license or permit previously revoked
for good cause within one year immediately preceding the date of the
filing of the application, and can show no material changes in circumstances
since such revocation; or
E.
Customers or patrons of the peep show establishment have been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in subsection (a) of Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution, or lewd conduct arising out of acts on the premises or areas under control of the peep show establishment; and the applicant, having been previously advised or notified by the City of the occurrence of such criminal acts, has failed or refused to take or institute reasonable precautions or safeguards to ensure that such criminal acts do not further occur.
(1812 § 1, 1983; 2808 § 1, 2012)
A.
If the City Manager or his or her designee finds that the applicant will be in compliance with the requirements described in Section 5.60.070, the permit shall be granted or renewed. Any application for permit or for the renewal of a permit may be denied if the City Manager or his or her designee finds that the applicant will not be in compliance with the requirements described in Section 5.60.070. The City Manager or his or her designee shall file a report of the approval or denial of the application with the Finance Director's Office within 30 days from and after the receipt of said application. If the application for permit or for the renewal of a permit is denied, the reasons for denial shall be set forth in writing and be personally delivered or sent to the applicant by means of registered mail.
B.
In the
event the permit has not been issued or denied within 30 days after
the date it has been accepted as complete, the application shall be
deemed approved, and a permit shall be issued subject to revocation
or suspension proceedings below. In the event of a denial, the City
Manager or his or her designee shall include a statement of the reasons
for the decision. That decision shall be final and subject only to
court review.
C.
The
applicant in the event of a denial may seek judicial relief or reapply
immediately and request a hearing on the application, at which hearing
the applicant may present evidence in support of the application to
the City Manager or his or her designee.
(1812 § 1, 1983; 2142 § 4, 1990; 2808 § 1, 2012)
In the event that any person holding a permit shall violate or cause or permit to be violated any of the provisions of this Code, including subsections B and E of Section 5.60.070, or any provision of any other code, ordinance or law relating to or regulating said business, or shall conduct or carry on the business in a manner that manifests a disability to perform properly the duties of the business as evidenced by the commission of an act or a series of acts described in Section 5.60.070(E), the City Manager may, in addition to other penalties provided by this Code, take action to suspend or revoke the permit issued for conducting or carrying on the business. The City Manager may take immediate action with respect to a permit, if a subsequent hearing is provided, where a permit has been issued based on material misrepresentation in the application and, but for the material misrepresentation, the permit would not have been issued.
(1812 § 1, 1983; 2062 § 2, 1988; 2808 § 1, 2012)
A.
No permit issued under the provisions of this chapter shall be revoked or suspended until a hearing thereon shall have been had by the City Council as provided in subsection C of this section.
B.
Denial of an application for any permit required under the provisions of this chapter is effective immediately, subject to a hearing on appeal had before the City Council as provided in subsection C of this section. An appeal from a denial shall be filed with the City not later than five days from the date of receipt by applicant of the written denial.
C.
Notice
of hearing shall be given in writing to the permit holder or applicant
not less than five days prior to the date of such hearing. Such notice
shall be served upon the applicant, or upon the holder of the permit,
the manager, or agent thereof as provided in this chapter. The notice
shall state the grounds of the denial or complaint against the holder
of the permit, and the time, date, and place where the hearing will
be held. The notice shall be served on the applicant or holder of
the permit by delivering the notice to the applicant or holder of
the permit, the manager or agent thereof, or by leaving the notice
with some adult person at the place of business or residence of the
applicant or permit holder. If the applicant or permit holder cannot
be found and service of the notice cannot be made thereupon in the
manner provided in this section, then a copy of the notice shall be
addressed to such person at such place of business or residence and
deposited in the United States mail with the postage thereon fully
prepaid, at least 10 days prior to the date of hearing. The time of
notice may be shortened by the City Council with the written consent
of the applicant or permit holder.
(1812 § 1, 1983; 2808 § 1, 2012)
No person who has a permit for a peep show device revoked may
obtain a peep show device permit within a period of 12 months from
the date of revocation.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show device unless each such
device is plainly marked with a serial number and shall have attached
thereto a distinguishing tag, sign, permit, or other marker issued
by the City upon the granting or renewal of a permit, which shall
bear a permit number identifying the peep show device as a particular
device permitted pursuant to the terms of this Code. Such permit shall
be affixed in a conspicuous location on each device and shall remain
thereto until a new or different permit has been issued therefor.
No permit shall be transferable from one person to another or from
one device to another.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment unless any
wall or partition that is situated so as to create a room, enclosure,
or booth in which any peep show device is located is constructed in
compliance with all state and City building and fire codes.
(1812 § 1, 1983; 2142 § 2, 1990; 2808 § 1, 2012)
No person, association, partnership, or corporation shall engage
in, conduct, or carry on, or permit to be engaged in, conducted, or
carried on the operation of a peep show establishment unless each
and all of the following requirements are met:
A.
A minimum
of one toilet and wash basin shall be provided for the patrons in
every peep show establishment. Each wash basin shall be provided with
soap or detergent and sanitary towels placed in permanently installed
dispensers. A trash receptacle shall be provided in each toilet room.
B.
In toilet
rooms, a waterproof floor covering shall be provided that extends
up the walls at least six inches and shall be cored at the floor-wall
juncture with at least a three-eighths-inch radius. Walls of toilet
rooms shall be smooth, waterproof, and kept in good repair.
C.
All
walls, ceilings, floors, booths, and all other physical facilities
shall be in good repair and maintained in a clean and sanitary condition.
Toilet rooms shall be thoroughly cleaned at least once each day the
business is in operation.
D.
All
establishments shall be so equipped, maintained, and operated as to
effectively control the entrance, harborage, and breeding of vermin,
including flies. When flies or other vermin are present, effective
control measures shall be instituted for their control or elimination.
E.
There
shall be no doors, curtains, or obstructions on the entrance to any
toilet stall. No door to the room in which the toilets are located
shall have a locking or bolting device that can be activated by customers
and shall not be locked except when in use by employees.
F.
All
films or peep show device viewing areas must be visible from the entrance
to a continuous main aisle. No obstructions in the doorway, entryway,
or passageway to the viewing booths shall be maintained.
G.
The
provisions of this section shall not be applicable to any peep show
establishment that, at the time the ordinance adding this section
to this Code becomes effective, has pending before the City an application
for a permit; provided, however, that once said permit, if granted,
has expired, the provisions of this section shall be applicable to
any subsequent application for a renewal of said permit.
(1812 § 1, 1983; 2142 § 1, 1990; 2808 § 1, 2012)
No person shall operate a peep show establishment in which the
width of the aisles in any room where a peep show device is located
is less than 42 inches.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment unless there
are no fewer than two doorways of a width no less than 36 inches that
provide ingress or egress from any room in which a peep show device
is located; provided, however, that one doorway shall be sufficient
in the event the Fire Chief should so determine. Doorway or doorways
shall be unlocked during business hours.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment unless there
is maintained over every doorway that provides egress from any room
in which a peep show device is located an internally illuminated "exit"
sign with letters at least five inches in height.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment unless each
peep show device located in such establishment is situated so as to
permit the person using the peep show device to have a constantly
unobstructed view of the doorway or doorways that provide ingress
to or egress from the establishment.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment unless a light
level of no less than 10 footcandles at floor level is maintained
in every portion of said establishment to which the public is admitted.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment in which the
number of persons in any room or partitioned portion of a room where
a peep show device is located exceeds one person per 30 square feet.
The maximum occupancy load permitted in any room or partitioned portion
of a room in which a peep show device is located shall be conspicuously
posted by the operator, and shall remain posted at the entrance to
said room.
(1812 § 1, 1983; 2808 § 1, 2012)
No person shall operate a peep show establishment in which the
number of peep show devices exceeds the maximum occupancy load permitted
in any room or partitioned portion of a room in which a peep show
device is located. The maximum number of peep show devices permitted
in any room or partitioned portion of a room in a peep show establishment
shall be conspicuously posted by the operator, and shall remain posted
at the entrance to the room.
(1812 § 1, 1983; 2808 § 1, 2012)
A.
Each
business subject to a permit under the provisions of this chapter
shall be open at all times during business hours to inspection by
the City Manager or his or her delegate, or members of the Garden
Grove Police Department, for purposes of a reasonable inspection to
enforce compliance with building, fire, electrical or plumbing regulations.
B.
In addition,
there shall be prominently displayed in the lobby, foyer, or entryway
of each such business, a printed sign with lettering no less than
three-fourths of an inch in height, stating "The Garden Grove Police
Department has the right to inspect these premises at any time during
hours of operation."
(1812 § 1, 1983; 2808 § 1, 2012)
In addition to the legal remedies provided for in this Code,
the operation of any peep show establishment in violation of the terms
of this Code shall be deemed a public nuisance and may be enjoined
by the City.
(1812 § 1, 1983; 2808 § 1, 2012)
The County Health Officer shall periodically make inspections
of peep show establishments located in the City to determine if the
proprietors or operators of such establishments are complying with
the provisions of this chapter. The City Council, by resolution, shall
prescribe fees to be paid annually by the proprietors or operators
of such establishments, such fees to be paid directly to the County
Health Officer and retained by the County as reimbursement for the
services related to this section.
(1812 § 1, 1983; 2808 § 1, 2012)
Every person who commits any of the following acts in a peep
show establishment or the parking area thereof is guilty of a misdemeanor:
A.
Exposes
genitalia;
B.
Solicits
or engages in a lewd, lascivious, or unlawful act, including, but
not limited to, masturbation, fellatio, or sodomy.
(2142 § 5, 1990; 2808 § 1, 2012)
No person in control of a peep show establishment shall aid, abet, or allow the conduct proscribed by Section 5.60.260.
(2142 § 5, 1990; 2808 § 1, 2012)
A.
No peep
show establishment that is adjacent to residential uses shall operate
between the hours of 10:00 p.m. and 8:30 a.m. except as herein provided:
1.
Adjacency
defined. As used in this section, a "peep show establishment" (hereinafter
"arcade") is not "adjacent to residential" if the nearest residentially-zoned
residential use is:
2.
Late
night approvals. Any arcade adjacent to residential may apply for
late operating hours upon submission of a plan for management of the
premises (including the parking area) during the hours of 10:00 p.m.
to 8:30 a.m. Such plan should contain a written layout of the interior
of the premises, showing, for example, arrangement of the booth and
of the parking areas.
3.
The
applications for late night approvals shall be approved or denied
in the same manner as permit application, and must meet the following
criteria and shall be granted as provided above in 30 days, if such
criteria are met:
a.
Adequate parking is provided for, considering the number of arcade
booths and "occupant load" for customers in that bookstore;
b.
The plan provides for adequate staff during evening hours of operation
of an adequate number to supervise the business operations and to
disperse the customers loitering in the parking lots. The size of
the staff shall be based on such factors as the number of booths;
the size of the parking area; the isolation of the parking area by
walls from neighboring residential uses; and, if applicable, complaints
of public nuisance caused by the arcade, and/or lack of staff sufficient
to supervise it.
4.
Measurement
of distances. Distances shall be measured between the nearest points
from the arcade building or its designated parking lot to the residential
building or its designated parking area.
5.
Effective
dates. Arcade permits in effect March 31, 1990, shall not be restricted
as to hours of operation, except upon factual showing under subdivision
6 of this subsection.
6.
Conditions
and revocation of late night approval. The approval of evening operations
shall be denied, conditioned, restricted, or revoked, if:
a.
The arcade operator fails to patrol the arcade adequately to discourage
lewd conduct in the arcade and in the parking area; or
b.
The arcade operator fails to exert reasonable control to disperse
customers and to control traffic circulation of customers to reduce
congestion and disturbances in the neighborhood.
(2142 § 5, 1990; 2808 § 1, 2012)
