The intent of this chapter is to regulate businesses which,
unless closely regulated, tend to have serious secondary effects on
the community, which effects include, but are not limited to, the
following: depreciation of property values and increase in vacancies
in residential and commercial areas in the vicinity of adult businesses;
interference with residential property owners' enjoyment of their
property when such property is located in the vicinity of adult businesses
as a result of increases in crime, litter, noise and vandalism; higher
crime rates in the vicinity of adult businesses; and blighting conditions
such as low-level maintenance of commercial premises and parking lots,
which thereby have a deleterious effect upon adjacent areas. Special
regulation of these businesses is necessary to prevent these adverse
effects and the blighting or degradation of the neighborhoods in the
vicinity of the adult businesses.
It is neither the intent nor the effect of this chapter to impose
limitations or restrictions on the content of any communicative material.
Similarly, it is neither the intent nor the effect of this chapter
to restrict or deny access by adults to adult-oriented materials or
to deny access by the distributors or exhibitors of adult businesses
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 or indecent
exposure, sexual conduct, lewdness or obscene or harmful matter or
the exhibition or public display thereof.
(Ord. 1573 § 1, 1994)
"Adult bookstore"
means any establishment, which as a regular and substantial
portion of its business, displays and/or distributes adult merchandise,
books, periodicals, magazines, photographs, drawings, sculptures,
motion pictures, videos, films or other visual representations which
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activity or specified anatomical
parts. See "adult business" for definition of the term "regular and
substantial portion of its business."
"Adult business"
means any business establishment or concern which as a regular
and substantial course of conduct performs or operates as an adult
bookstore, adult theater, adult motion picture arcade, adult cabaret,
adult motel/hotel, or sells or distributes adult merchandise or adult
material, or any other business or concern which as a regular and
substantial portion of its business offers to its patrons products,
merchandise, services or entertainment which are distinguished or
characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical parts but not
including those uses or activities, the regulation of which is preempted
by state law. "Adult business" shall also include any establishment
which as a regular and substantial course of conduct provides or allows
performers, models, or employees to appear in any public place in
lingerie. As used in this chapter, the terms "regular and substantial
course of conduct" and "regular and substantial portion of its business"
means any adult business where one or more of the following conditions
exist:
1.
The area(s) devoted to the display of adult merchandise and/or
adult material exceeds fifteen percent of the square footage of the
total floor area of the business used for display purposes; or
2.
The business or concern presents any type of live entertainment
characterized by an emphasis on specified sexual activity or specified
anatomical parts, or performers, models or employees appearing in
public in lingerie on any four or more separate days for any period
of time per day within any thirty-day period; or
3.
At least fifty percent of the gross receipts of the business
are derived from the sale, trade, display or presentation of services,
products, or entertainment which are characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical parts.
"Adult cabaret"
means a nightclub, bar, restaurant or similar establishment
or concern which features any type of live entertainment characterized
by its emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical parts.
"Adult hotel/motel"
means a hotel or motel, which: (i) as a regular and substantial
course of conduct provides to its patrons, through the provision of
rooms equipped with closed-circuit television, video recorders or
players or other medium, material which is distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts; and/or (ii) rents,
leases or lets any room for less than six-hour period, or rents, leases
or lets any single room more than twice in a twenty-four hour period.
See "adult business" for definition of the term "regular and substantial
course of conduct."
"Adult material"
means any adult merchandise, or any book, periodical, magazine,
photograph drawing, sculpture, motion picture film, video tape recording,
or other visual representation, characterized by an emphasis on matter
depicting, describing or relating to specific sexual activities or
specified anatomical parts.
"Adult merchandise"
means sex-oriented implements or paraphernalia, such as,
but not limited to: dildos, auto sucks, sex-oriented vibrators, edible
underwear, benwa balls, inflatable orifices, anatomical balloons with
orifices, simulated and/or battery operated vaginas, and similar sex-oriented
devices which are designed or marketed primarily for the stimulation
of human genital organs or sadomasochistic activity.
"Adult motion picture arcade"
means any business establishment or concern containing any
manually operated, coin or slug operated, or electrically or electronically
operated or controlled, still or motion picture or video tape machines,
projectors, players or other image producing devices that are maintained
to display images to five or fewer persons per machine or per viewing
room at any one time when those images are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts.
"Adult motion picture theater"
means a business establishment or concern which projects
and presents motion pictures, video tape recordings, slide photographs,
or other motion or still pictures which are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts.
"Adult theater"
means a theater, concert hall, auditorium or similar establishment
which features live performances which are characterized by an emphasis
on matter depicting, describing or relating to specified anatomical
parts or by specified sexual activities.
"Business supervisor"
means the director of licensing and code enforcement of the
city of Hawthorne or his or her designee.
Owner or permit holder or permittee.
For purposes of this chapter, "owner," "permit holder" or
"permittee" means any of the following: (i) the sole proprietor of
an adult business; or (ii) any general partner of a partnership which
owns and operates an adult business; or (iii) the owner of a controlling
interest in a corporation which owns and operates an adult business;
or (iv) the person designated by the officers of a corporation to
be the permit holder for an adult business owned and operated by the
corporation.
"Specified anatomical parts"
means:
1.
Less than completely and opaquely covered human genitals; pubic
hair; buttocks; natal cleft; perineum; anal region; pubic hair region;
or female breast below a point immediately above the top of the areola;
or
2.
Human male genitals in a discernably turgid state, even if completely
and opaquely covered.
"Specified sexual activities"
means:
1.
Actual or simulated: sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, masturbation, 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; or any of the following depicted
sexuallyoriented acts or conduct, whether actual or simulated: analingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, pedophilia, sapphism, urophilia, zooerastia,
zoophilia; or
2.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
3.
Use of human or animal ejaculation; or
4.
Fondling or erotic or sexually-oriented touching of human genitals,
pubic region, buttocks, natal left, anal region 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.
Striptease, or the removal of clothing, or the wearing of transparent
or diaphanous clothing, including models appearing in lingerie, to
the point where specified anatomical parts are exposed.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
A. Person(s) required to obtain a business license pursuant to the provisions of this chapter for any business establishment which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, as defined in Section
5.92.020 of this code, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. The term "gross receipts" shall have the meaning set forth in Section
5.04.260 of this code. Such records shall be maintained for a period of at least three years.
B. No person
required to keep records under this section shall refuse to allow
authorized representatives of the director of licensing and code enforcement
to examine said records at reasonable times and places.
C. This Section
5.92.030 shall not be applicable to an adult business establishment for which such transactions constitute less than fifteen percent of the gross receipts of the business.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
A. Permit
Required. It is unlawful for any person or entity to operate, engage
in, conduct or carry on any adult business within the city of Hawthorne
unless the owner of said business first obtains, and continues to
maintain in full force and effect, both an adult business permit and
a business license from the city of Hawthorne for such business.
B. Persons Eligible. The owner of the proposed adult business, as defined in Section
5.92.020, shall be the only person eligible to obtain an adult business permit.
C. Application
Requirements. The following information and items shall be submitted
to the director of licensing and code enforcement by the owner at
the time of applying for an adult business permit:
1. A
completed adult business permit application form signed by: (i) the
owner of the proposed adult business, and (ii) either the record owner
of the property (or the authorized agent of the record owner) or,
if the business premises are subleased to the applicant business,
the sublessor of the premises, certifying under penalty of perjury
that all of the information upon or submitted with the application
is true and correct to the best of his or her information and belief;
2. A
nonrefundable deposit or processing fee in an amount set by resolution
of the city council;
3. A letter of justification, describing the proposed business and explaining how it will satisfy the application requirements set forth in Section
5.92.060 of this chapter;
4. A
site plan designating the building and/or unit proposed for the adult
business and a dimensional interior floor plan depicting how the business
will comply with all applicable requirements of this chapter;
5. All
other information required by the director of licensing and code enforcement.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
The director of licensing and code enforcement shall, within
twenty city business days of the filing of a complete permit application,
approve and issue the adult business permit if the requirements of
this chapter have been met; otherwise the permit shall be denied.
Notice of the approval or denial of the permit shall be given to the
owner in writing by first class mail, postage prepaid, deposited in
the course of transmission with the United States Postal Service within
three city business days of the date of such decision. The times set
forth in this subsection shall not be extended except upon the written
consent of the applicant. The decision of the director of licensing
and code enforcement shall be final.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
The director of licensing and code enforcement shall approve
and issue an adult business permit if the application and evidence
submitted show that:
A. The
adult business is not proposed to be located within five hundred feet
of any residential zone or residential use, whether such residential
zone or use is within or outside the corporate boundaries of the city
of Hawthorne.
B. The
adult business is not proposed to be located within one thousand feet
of any lot upon which there is located any religious institution,
public park, any public or private elementary, secondary, middle,
junior high or high school, whether such use is within or outside
the corporate boundaries of the city of Hawthorne.
C. The
adult business is not proposed to be located within one thousand feet
of another adult business not located within the same premises and
under the same ownership and control, whether such other business
is within or outside the corporate boundaries of the city of Hawthorne.
D. The
adult business is not proposed to be located within five hundred feet
of any property upon which is located a business which has either
an on-sale or off-sale alcoholic beverage license, whether such use
is within or outside the corporate boundaries of the city of Hawthorne.
E. The adult business is located in the M-2 zone as required by Section
17.34.020 of the Hawthorne Municipal Code.
F. For the purposes of this Section
5.92.060, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where said adult business is conducted to the nearest property line of any lot upon which are located the uses stated in subsections
(A) through
(F) of this Section
5.92.060. The word "premises," shall mean the building (if the adult business occupies the entire building), or separate portion of any building, used for an adult business.
G. The
adult business will not be located, in whole or in part, within any
portable structure.
H. The
adult business will not conduct or sponsor any special events, promotions,
festivals, concerts or similar activities which would increase the
demand for parking spaces beyond the approved number of spaces for
the business.
I. The
adult business will not conduct any massage, acupuncture, figure modeling,
tattooing, accupressure or escort services and will not allow such
activities on the premises.
J. Any
adult business which allows customers to remain on the premises while
viewing any live, filmed or recorded entertainment, or while using
or consuming the products or services supplied on the premises, shall
conform to the following requirements:
1. At
lease one security guard shall be on duty outside the premises, patrolling
the grounds and parking areas, at all times while the business is
open. The security guard shall be charged with preventing violations
of law and enforcing compliance by patrons with the requirements of
this chapter, and notifying the Hawthorne police department and code
enforcement department of any violations of law observed. Any security
guard required by this subparagraph shall be uniformed in such manner
as to be readily identifiable as a security guard by the public. No
security guard required pursuant to this subparagraph shall act as
a door person, ticket seller, ticket taker or admittance person while
acting as a security guard.
2. The adult business has complied with any landscaping requirements related to off-street parking set forth in Section
17.58.040 of the Hawthorne Municipal Code.
3. The
entire exterior grounds, including the parking lot, shall be lighted
in accordance with standards promulgated by the planning director.
4. The
premises within which the adult business is located shall provide
sufficient sound-absorbing insulation so that noise generated inside
said premises shall not be audible anywhere on any adjacent property
or public right-of-way or within any other building or other separate
unit within the same building.
5. No
exterior door 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 coverings at all times.
6. Permanent
barriers shall be installed and maintained to screen the interior
of the premises from public view or each door used as an entrance/exit
to the business.
7. In addition to conforming to the signage standards set forth in Chapter
17.35 of the Hawthorne Municipal Code, an adult business shall be subject to the following limitations with respect to on-premises signage:
a. Logos showing nude, topless or bottomless female or male torsos shall
be prohibited.
b. Painted-on-the-wall signs shall be prohibited.
c. Reference to nude, topless or bottomless females or males shall be
prohibited.
8. All
indoor areas of the adult business within which patrons are permitted
except rest rooms, shall be open to view at all times.
9. No
adult material or adult merchandise shall be displayed in such manner
as to be visible from any location other than within the premises
occupied by the adult business.
10. No person under the age of eighteen years shall be permitted within
the premises at any time.
11. The adult business shall comply with the parking and development
standards applicable to the M-2 zone.
12. The adult 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 all adult materials and adult merchandise. Restrooms
shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions
of this paragraph shall not be applicable to adult business which
deals exclusively with sale or rental of merchandise which is not
used or consumed on the premises, such as an adult bookstore, and
which does not provide rest room facilities to its patrons or the
general public.
13. Except as otherwise required by law for adult motion picture theaters,
all areas of the adult business accessible to a patron shall be illuminated
a minimum of twenty footcandles evenly distributed at ground level.
14. "Individual viewing area" means a viewing area designed for occupancy
by one person. Individual viewing areas of the adult business shall
be operated and maintained without any hole or other opening or means
of direct communication or visual or physical access between the interior
space of two or more individual viewing areas.
15. The following additional regulations shall pertain to adult motion
picture arcades which provide more than one viewing area:
a. Upon application for an adult business permit, the application shall
be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations, 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 square feet of floor area with no dimension
greater than eight feet. The diagram shall also designate the place
at which the adult business permit and city business license will
be conspicuously posted. A professionally prepared diagram in the
nature of an engineer's or architect's blueprint shall not be required;
however, each diagram shall be oriented to the north or to some designated
street or object and shall be drawn to a designated scale with marked
dimensions sufficient to show the various internal dimension of all
areas of the interior of the premises to an accuracy of plus or minus
six inches. The director of licensing and code enforcement shall waive
the foregoing diagram for renewal applications if the owner adopts
a diagram that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
b. The application shall be sworn to be true and correct by the owner
under penalty of perjury.
c. No alteration in the configuration or location of a manager's station(s)
may be made without the prior approval of the director of licensing
and code enforcement.
d. It is the duty of the owner(s) to insure that at least one employee
is on duty and situated at each manager's station at all times that
any patron is present inside the premises.
e. The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every
area of the premises to which any patron is permitted access for any
purpose excluding rest rooms. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose,
excluding rest rooms, from at least one of the manager's stations.
The view required in this subsection must be by direct line of sight
from the manager's station.
f. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subsection
(e) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph (a) of this paragraph.
g. No individual viewing area may be occupied by more than one person
at any one time.
h. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access with an illumination of not less than ten foot-candle
as measured at the floor level.
i. It shall be the duty of the owner(s) and it shall also be the duty
of all employees present on the premises to insure that the illumination
described above is maintained at all times that any patron is present
on the premises.
16. The following additional regulations shall pertain to adult businesses
providing live entertainment depicting specified anatomical parts
or involving specified sexual activities:
a. No person shall perform live adult entertainment for patrons of an
adult business except upon a stage at least eighteen inches above
the level of the floor.
b. The adult business shall provide separate dressing room facilities
for entertainers which are exclusively dedicated to the entertainer's
use.
c. The adult business shall provide an entrance/exit to the premises
for entertainers which is separate from the entrance/exit used by
patrons.
d. Fixed rails at least thirty inches in height shall be maintained
establishing the separations between entertainers and patrons.
K. The foregoing applicable requirements of this Section
5.92.060 shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the adult business permit issued pursuant to this chapter.
L. Submitting
false or misleading information on the application shall constitute
grounds for denial or revocation of the adult business permit.
(Ord. 1573 § 1, 1994; Ord. 1635 §§ 2, 4, 6, 8, 10,
12, 14, 16, 17, 18, 1997; Ord. 1903 § 1, 2007)
Minors and Intoxicated Persons Excluded. It shall be a misdemeanor
for any person having responsibility for the operation of an adult
business, to allow any person under the age of eighteen years to enter
or remain on the premises of the business, whether or not such person
having responsibility for the operation of an adult business has knowledge
that the person is under the age of eighteen years; or to allow any
obviously intoxicated person to enter or remain on the premises of
the business. For the purposes of this section, the holder of an adult
business permit, when present on the premises, and the manager of
other person(s) in charge of the premises, are persons having responsibility
for the operation of the business.
(Ord. 1573 § 1, 1994)
An adult business permit shall be valid for a period of one
year from the date of permit approval.
(Ord. 1573 § 1, 1994)
An adult business permit shall be renewed on a year-to-year
basis, provided that the permittee continues to meet the requirements
that the adult business is operated in compliance with all applicable
provisions of this chapter. A request for permit renewal must be accompanied
by an adult business permit application, completed in full detail
with current information, and payment of the renewal processing fee.
If the application conforms to the previously approved application
and the adult business has not changed, the permit shall be renewed
by the director of licensing and code enforcement for another year.
Notice of such renewal, or denial, shall be given, in writing, to
the permittee within twenty city business days following the date
of receipt of the completed renewal application. Any change or alteration
in the location, nature or operation of the adult business will require
a new application to be processed in the same manner as the original
application.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
No adult business permit shall be sold, transferred or assigned
by any permit holder, or by operation of law, to any other person,
group, partnership, corporation or any other entity, and any such
sale, transfer or assignment shall be deemed to constitute a voluntary
surrender of such permit, and such permit shall be thereafter null
and void. An adult business permit held by an individual in 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
business from one type of adult business use to another type of adult
business use shall also render the permit null and void. An adult
business permit shall be valid only at the exact location specified
in the permit.
(Ord. 1573 § 1, 1994)
A. The
permit holder shall allow officers of the city of Hawthorne and their
authorized representatives to conduct unscheduled inspections of the
premises of the adult business for the purpose of ensuring compliance
with the law at any time the adult business is open for business or
is occupied.
B. The
director of licensing and code enforcement shall revoke an adult business
permit when:
1. Any of the applicable requirements contained in Section
5.92.040 ceases to be satisfied;
2. The
application is discovered to contain incorrect, false or misleading
information;
3. The
permit holder is convicted of a felony or misdemeanor occurring upon,
or relating to the premises or lot upon which the adult business is
located 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;
4. If, on two or more occasions within a twelve-month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection
(3) above as a result of such person's activity on the premises or property on which the adult business is located, and the person or persons were employees, contractors or agents of the adult business at the time the offenses were committed;
5. If
the permit holder or an employee has knowingly allowed prostitution,
or solicitation for prostitution, on the premises; or
6. The
adult business has been operated in violation of any of the requirements
of this chapter and: (i) if the violation is of a continuous nature,
the business continues to be operated in violation of such provisions
for more than ten days following the date written notice of such violation
is mailed or delivered to the owner, or (ii) if the violation is of
a noncontinuous nature, two or more additional violations of the same
provision, or four or more violations of any other of the provisions,
of this chapter occur (regardless of whether notice of each individual
violation is given to owner) within any twelve-month period.
C. Upon determining that grounds for permit revocation exist, the director of licensing and code enforcement shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the adult business and by sending the notice by certified mail, postage prepaid, addressed to the permit holder as that name and address appear on the permit. Within fifteen calendar days after the later of the mailing or posting of the notice, the permit holder may file a request for hearing with the director of licensing and code enforcement. If the request for a hearing is filed within fifteen calendar days of the mailing or posting of the notice referred to herein, the business license supervisor shall transmit the request to the city manager, and the hearing shall be provided as set forth in subsection
5.92.110(D).
D. Upon
receipt of a written request for a hearing, the city manager or his
or her designee shall appoint a hearing officer ("hearing officer")
to conduct a hearing. The hearing officer shall conduct a hearing
within forty-five calendar days of the filing of such request by the
permit holder. Notice of time and place of the hearing shall be given
to the permit holder by personal service or via certified mail, postage
prepaid, at least fifteen calendar days in advance of the date set
for the public hearing. At the hearing, the permit holder and the
city shall be entitled to present relevant evidence, testify under
oath and call eyewitnesses who shall testify under oath. The hearing
officer shall not be bound by the statutory rules of evidence in hearing,
except that hearsay evidence may not be the sole basis for the determination
of the hearing officer.
E. Within ten calendar days after the hearing, the hearing officer shall decide whether the grounds for revocation exist and shall submit a written report to the director of licensing and code enforcement. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the director of licensing and code enforcement regarding whether the permit is to be revoked. All such reports shall be filed with the city clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the permit holder on the day it is filed with the city clerk. If the hearing officer determines that any grounds for revocation exist, as provided in Section
5.92.110(B) of this chapter, the license collector, based upon the report of the hearing officer or, if no hearing was requested by the permit holder, based upon the report of the city staff, shall immediately revoke the adult business permit. The decision of the hearing officer shall be appealable to the planning commission by the filing of a written appeal with the city clerk within fifteen calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the hearing officer. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in subsections
(C) through
(E) of this section. The decision of the planning commission upon appeal, or the decision of the director of licensing and code enforcement in the absence of a timely appeal, shall be final and conclusive.
F. No application
for an adult business permit shall be accepted or processed for any
person, corporation, partnership or member thereof, or any other entity
for which an adult business permit has been revoked within the preceding
three-year period.
(Ord. 1573 § 1, 1994; Ord. 1903 § 1, 2007)
Any adult business lawfully existing as of the effective date
of the ordinance establishing this chapter becomes a nonconforming
use by reason of the adoption of this chapter.
(Ord. 1573 § 1, 1994; Ord. 2245, 11/24/2023)
Every person engaging in an adult business as defined in this chapter shall pay a business license fee based on gross receipts of such business as set forth in Chapter
5.48.
(Ord. 1573 § 1, 1994)