A. 
The purpose and intent of this chapter is to regulate adult businesses which, unless closely regulated, are demonstrated 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.
B. 
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 communication materials or to deny access by the distributors or exhibitors of adult businesses to their intended market.
C. 
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. 98-18 § 2; Ord. 98-19 § 2 (part))
No business license, adult business license, land use entitlement, permit (including building permits), site plan, certificate of occupancy, zoning clearance or other land use authorization for an adult business, adult arcade, adult bookstore, adult video store, adult cabaret, adult hotel/motel, adult motion picture theater, adult theater, or other use described in this chapter, as defined in this chapter, shall be issued, granted or permitted, except as set forth herein. An adult business shall be permitted if the business complies with provisions of this chapter.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.
"Adult arcade"
means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult bookstore" or "adult video store"
means an establishment which as a regular and substantial course of conduct engages in the sale, rental or viewing for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult business"
means any business establishment, entity or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business, entity 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 or activity depicting, describing or relating to specified sexual activities or specified anatomical areas 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 dressed only in lingerie.
"Adult cabaret"
means a nightclub, restaurant or similar business establishment which as a regular and substantial course of conduct features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult hotel/motel"
means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which either:
1. 
Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;
2. 
Rents, leases or lets any room for less than a six hour period;
3. 
Rents, leases or lets any single room more than twice in a twenty-four hour period;
4. 
Allows a tenant or occupant to sub-rent a guest room for a time period less than ten hours.
"Adult material"
means books, magazines, periodicals or other printed matter, or photographs, films, sculptures, signs, motion pictures, video cassettes, laser discs, computer simulations or graphics, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult motion picture theater"
means a business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
"Adult theater"
means a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
"Establishment of an adult business"
includes any of the following:
1. 
The opening or commencement of any such business as a new business;
2. 
The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined in this section;
3. 
The addition of any of the adult businesses defined in this section to any other existing adult business; or
4. 
The relocation of any such adult business;
5. 
The substantial enlargement of an adult business.
Owner or Permit Holder or Permittee.
For purposes of this chapter, "owner," "permit holder" or "permittee" means any of the following:
1. 
The sole proprietor of an adult business; or
2. 
Each general partner of a partnership which owns and operates an adult business; or
3. 
Each owner of five percent or more of stock in a corporation which owns and operates an adult business.
"Person"
means and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).
"Regular and substantial course of conduct"
means any adult business where one or more of the following conditions exist:
1. 
The area(s) devoted to the display of adult material exceeds fifteen percent of the total display area of the business or one hundred square feet, whichever is less. Display area shall include the area of the racks or any other means to display the adult materials and the walkways and areas used to view or access the displayed materials; or
2. 
Any adult material depicting specified anatomical areas or specified sexual activities on the exterior of its packaging is displayed in a manner which is accessible to persons under the age of eighteen years. For the purposes of this chapter such adult material shall not be deemed accessible to persons under the age of eighteen if an area within the business is established for the placement of such material and is labeled "adults only"; or
3. 
The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical areas, or performers, models or employees appearing in public dressed only in lingerie on any four or more separate days within any ninety day period.
"Specified anatomical areas"
shall include any of the following:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts 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.
"Specified sexual activities"
shall include any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. 
Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Masturbation, actual or simulated;
4. 
Excretory functions as part of or in connection with any of the activities described in subdivisions 1 through 3 of this definition; or
5. 
Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including mannequins or live models dressed only in lingerie or other coverings to the point where specified anatomical areas are exposed or shown.
"Substantial enlargement"
means the increase in floor area occupied by the adult business by more than ten percent of the floor area in use for that purpose in existence on the effective date of this chapter.
"Transfer of ownership" or "control of an adult business"
means and includes any of the following:
1. 
The sale, lease or sublease of the business; or
2. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
"Police and fire departments"
means the agencies providing police and fire services for the city of Temecula, whether by contract or as employees.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part); Ord. 2000-03 §§ 2, 3)
A. 
No adult business shall be established, expanded, or conducted within the city of Temecula unless it is located in the special use overlay zone No. 1 and is more than one thousand feet from another adult business, whether inside or outside of the Temecula city limits. Further, adult businesses shall only be established, expanded or conducted in accordance with all the regulations contained in this chapter.
B. 
For the purposes of this section, the distance between adult business shall be measured in a straight line, without regard for intervening structures or objects, from the property line of the parcel on which the business is located to the property line of the use from which it is to be separated.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
A. 
It is unlawful for any person to operate, engage in, conduct or carry on any adult business within the city unless the person operating the adult business obtains:
1. 
An adult business license pursuant to Sections 5.09.110 through 5.09.120 of this chapter; and
2. 
A conditional use permit for the location where the adult business will be conducted, pursuant to Sections 5.09.010 through 5.09.100 of this chapter.
B. 
The applications for the adult business license and the conditional use permit shall be submitted concurrently by the applicant and shall not be accepted by the city unless all submittal requirements for both applications are included with each application. The director of community development and the director of finance, respectively, shall establish the submittal requirements for the conditional use permit and the adult business license.
C. 
Each employee of an adult business or an independent contractor working at an adult business three or more times during a continuous ninety day period shall obtain an adult business employee permit pursuant to Section 5.09.130, prior to working at the adult business. The application shall include all submittal requirements as determined by the director of finance before being accepted by the city for processing.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
In addition to the general zoning requirements applicable in the subject zoning district, a conditional use permit shall be obtained by an adult business. The following additional requirements contained in the section shall be satisfied by all adult businesses and shall be included as conditions of approval for any approved conditional use permit. Furthermore, the special requirements ("special requirements") contained in this section and in Sections 5.09.070 through 5.09.090 shall be applied to the specified businesses included in these sections. The inclusion of the special requirements into the conditions of approval shall serve to conclusively satisfy the findings required by Sections 17.04.010 (E)(1)(b) and 17.04.010(E)(1)(d) of the city of Temecula's development code. The following requirements shall be included in the approval of all conditional use permits for adult businesses:
A. 
The application shall be sworn to be true and correct by the owner under penalty of perjury.
B. 
The building, structure, equipment and location used by the business which is the subject of this application complies with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city of Temecula.
C. 
Except as specifically provided in this chapter, the adult business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located.
D. 
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the latest Uniform Fire and Building Codes adopted by the city of Temecula or imposed on the city by operation of law.
E. 
The facility shall be operated by a person with a valid adult business license at all times.
F. 
All the employees of adult businesses as required by Section 5.09.130 shall operate with valid adult business permits.
G. 
The adult business shall not be located, in whole or in part, within any portable structure.
H. 
No adult business shall be open or operating during the hours from ten p.m. to eight a.m.
I. 
No person under the age of eighteen years shall be permitted within the premises at any time.
J. 
The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. The notice shall be constructed and posted to the reasonable satisfaction of the director of community development or designee.
K. 
The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would foreseeably increase the demand for parking spaces beyond the approved number of parking spaces for the business.
L. 
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.
M. 
The adult business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises.
N. 
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. Such opaque covering shall be subject to approval of the director of community development.
O. 
No adult material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the adult business.
P. 
No adult business shall be operated in any manner that permits the observation of any material 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.
Q. 
All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view at all times.
R. 
All on-site signage shall conform to the relevant provisions of both the Temecula Municipal Code and the zoning ordinance regarding signs. All adult materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property.
S. 
No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the city.
T. 
Lighting shall be required which is designed to illuminate all exterior grounds including off-street parking areas to a minimum of two footcandles serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. The lighting shall be shown on the required lighting plans and shall be reviewed and approved by the department of community development.
U. 
All areas of adult businesses accessible to patrons except as otherwise required by law for adult motion picture theaters, and as provided in Section 5.09.080 (Adult arcades), and Section 5.09.090 (Adult businesses with live entertainment) shall be illuminated at least to the extent of twenty footcandles, minimally maintained and evenly distributed at ground level. Such lighting shall be shown on the required lighting plan.
V. 
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 any adult material. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
W. 
Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.
X. 
The adult business shall comply with the restrictions regarding the sale/serving of alcohol and persons under the influence of alcohol and controlled substances contained in Section 5.09.140 of this chapter.
Y. 
The adult business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The adult business shall maintain tapes for thirty days and the equipment shall be maintained in good working order.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
Adult businesses which allow customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises shall provide at least one security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open or customers remain on the premises. If the occupancy limit of the premises is greater than fifty persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the city police chief and building official of any violations of law observed. Any security guard required by this subsection shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
Adult businesses which provide adult arcades with one or more viewing area(s) shall conform with these additional requirements:
A. 
Upon application for a conditional use permit for an adult arcade, the applicant shall provide a floor plan 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 twenty-eight square feet of floor area with no dimension greater than seven feet. The diagram shall also designate the place at which the adult business license will be conspicuously posted.
B. 
No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the city planning commission.
C. 
It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager's station at any time that a patron is present inside the adult arcade.
D. 
The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from at least one manager's station of every area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms, 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.
E. 
It shall be the duty of the owner(s) and all employees present on the adult arcade to ensure that the individual viewing area specified in subsection F of this section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A of this section.
F. 
No individual viewing area may be occupied by more than one person at any one time. "Individual viewing area" means a viewing area designed for occupancy by one person. Individual viewing areas of the adult arcade 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.
G. 
No individual viewing area shall contain booths, stalls or partitioned portions to be used for the viewing of adult material or other forms of entertainment, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subsection G shall be constructed so as to allow twelve inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.
H. 
The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material. Such lighting shall be shown on the required lighting plan. It shall be the duty of the owner(s) and it shall also be the duty of all employees present in the adult arcade to ensure that the illumination described above is maintained at all times that any patron is present in the adult arcade.
I. 
The adult business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The adult business shall maintain tapes for thirty days and the equipment shall be maintained in good working order.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
Adult businesses which provide live entertainment depicting specified anatomical areas or involving specified sexual activities shall conform with the following additional requirements:
A. 
No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. "Entertainer" means any person who is an employee or independent contractor of the adult business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
B. 
The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
C. 
The adult business shall provide an entrance/exit to the adult business for entertainers which is separate from the entrance/exit used by patrons.
D. 
The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum four-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
E. 
Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this section.
F. 
No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer.
G. 
The adult arcade 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 twenty footcandles as measured at the floor level. This lighting shall be shown on the required lighting plan.
H. 
The adult business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The adult business shall maintain tapes for thirty days and the equipment shall be maintained in good working order.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
In addition to the provisions set forth in Section 17.04.010 of the Temecula development code, the conditional use permits for adult businesses shall be administered according to the following:
A. 
Time Limits For Action on Conditional Use Permit. An application for a conditional use permit shall be approved or denied by the planning commission, based upon the satisfaction or failure to satisfy the standards applicable thereto, within forty-five calendar days of the determination that the application is complete by the department of community development.
B. 
Appeals. The city council on appeal, shall approve an application for a conditional use permit for an adult business upon findings that the applicant has met all the applicable requirements and performance standards of this chapter. An appeal shall be conducted pursuant to Section 17.03.090 of the Temecula development code with the sole exception that an appeal for an adult conditional use permit shall be heard within thirty days of its filing with the city clerk. Any proceeding to seek judicial review of any city council decision shall be brought in accordance with the provisions of the Temecula Municipal Code and applicable state law.
C. 
Suspension and Revocation of a Conditional Use Permit. In addition to the provisions set forth in Section 17.03.080, the planning commission may suspend or revoke any conditional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this chapter:
1. 
The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the city's building, health, zoning and fire ordinances, the requirements of this chapter, the conditional use permit, or adult business permit, or is in violation of, or has violated, one or more of the conditions of approval of the conditional use permit or;
2. 
That the approved use has been substantially enlarged without city approval;
3. 
That the approved use has been partially or wholly converted to another adult business without city approval;
4. 
That the conditional use permit has not been utilized within six months of its issuance; or
5. 
The adult business license has been suspended or revoked.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
In addition to the general business license requirements contained in Chapter 5.04 of the Temecula Municipal Code, the following additional general requirements contained in this section shall be satisfied by all owners seeking an adult business license. Failure to comply with each and all of applicable requirements shall be grounds for revocation of the adult business license issued pursuant to this chapter. The following requirements shall be included in the approval of all adult businesses:
A. 
If an adult business is owned by a corporation, partnership, limited liability company or partnership, or other business entity, then each person owning or having control of ten percent or more of the entity shall also obtain an adult business license. Such persons may apply for the adult business license on the same application and application process as the entity which will own the adult business.
B. 
No adult business license shall be sold, transferred or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void.
C. 
An adult business license held by an individual in a corporation or partnership is subject to the same rules of transferability as contained in this section.
D. 
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 adult business license null and void.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
A. 
Application For Adult Business License. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the finance department. Such application shall contain:
1. 
The name and permanent address of applicant;
2. 
The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent of the stock of the corporation. If the applicant is a partnership, limited liability company or limited liability partnership, the application shall show the name and residence address of each of the members, including limited partners with a ten percent or more interest;
3. 
A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment;
4. 
Proposed hours of operation;
5. 
The name or names of the person or persons having the management or supervision of applicant's business and of any entertainment;
6. 
A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment;
7. 
Whether the applicant or any of the other owners of the adult business has had a previous permit under this chapter or other similar ordinances from this city or an ordinance of another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this section whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
8. 
Whether the applicant or any other owner holds any other permits and/or licenses for an adult business from another city or county, and if so the names and locations of such other permitted businesses;
9. 
If a person who wishes to operate an adult business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate an adult business is other than an individual, each individual who has a five percent or greater interest in the business must sign the application for a permit as an applicant. If a corporation is listed as owner of an adult business or as the entity which wishes to operate such a business, each individual having a five percent or greater interest in the corporation must sign the application for a permit as an applicant;
10. 
Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which will be used to defray the costs of investigation, inspection and processing of such application.
B. 
Investigation. Upon receipt of an adult business license application by the city finance department and upon payment of the nonrefundable application fee:
1. 
The city finance department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the police department and any other city departments or other agencies responsible for enforcement of health, fire and building codes and laws.
2. 
Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed adult business license in accordance with its responsibilities under law and as set forth in this chapter.
3. 
The investigation shall be completed within twenty-five days of receipt of the application by the city finance department.
4. 
At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor.
5. 
A department or agency shall disapprove an application if it finds that the proposed adult business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city.
C. 
Decision by Director of Finance on Application For Adult Business License. The director of finance or designee shall grant or deny an application for a license within forty-five calendar days from the date of its proper filing. Upon the expiration of the forty-fifth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the license is sought, unless and until the director of finance notifies the applicant of a denial of the application and states the reason(s) for that denial.
D. 
Grant of Application For Adult Business License. The director of finance shall grant the application unless one or more of the reasons set forth in subsection E of this section is present. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business. The term of the license shall be one year from the date of issuance. The license shall be posted in a conspicuous place at or near the entrance to the adult business so that it can be easily read at any time.
E. 
Denial of Application of Adult Business License. If the director of finance denies the application, he/she shall notify the applicant of the denial in writing and state the reason(s) for the denial. If a person applies for a license for a particular location within a period of twelve months from the date of denial of a previous application for a license at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
The director of finance shall deny the application for any of the following reasons:
1. 
The applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, fire department or other department of the city;
2. 
The applicant has had any type of adult business license revoked by any public entity within three years of the date of the application;
3. 
The applicant, manager or any agent or employee of the adult business has been convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of an adult business, whether or not the conviction is in California, 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, whether or not such a conviction is being appealed;
4. 
The applicant is under eighteen years of age; or
5. 
The required application fees have not been paid.
F. 
Inspection. An applicant or licensee shall permit representatives of the police department, health department, fire department, code enforcement, community development department, or other city departments or agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult business, or his or her agent or employee, is in violation of the provisions of this section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.
G. 
Renewal. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license shall not be affected. In addition to the provisions set forth in Section 5.04.160 of the Temecula Municipal Code for a renewal of applications, all proposed changes since the filing of the initial application shall be specified in the renewal application.
H. 
Denial of Renewal of Business Licenses. If the director of finance denies renewal of the license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the director of finance finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final.
I. 
Revocation of Adult Business License. After an investigation, notice and hearing, the director of finance shall revoke an existing adult business license, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist:
1. 
The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the state of California, or of the ordinances of the city;
2. 
The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the police or other department of the city;
3. 
The licensee has had any type of adult business license revoked by any public entity within three years of the date the license was issued;
4. 
There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating;
5. 
The licensee is convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of an adult business, whether or not the conviction is in California, 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.S, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647 whether or not the conviction is being appealed;
6. 
If, on one 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 (I)(5) of this section, which offense has occurred as a result of or has originated from such persons' 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;
7. 
If the licensee or any employee of the licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises;
8. 
The adult business has operated in violation of any of the requirements of this chapter, and
a. 
If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten days following the date written notice of such violation is mailed or delivered to the licensee, or
b. 
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 licensee) within any twelve month period;
9. 
That the subject adult business has employed minors; or
10. 
That the conditional use permit for the use has been suspended or revoked.
11. 
Applicants for a license under this section shall have a continuing duty during the term of the license to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with the continuing duty within thirty days from the date of such change, by supplementing the application on file with the director of finance or his/her designee, shall be grounds for revocation of a license.
J. 
Hearing on Revocation of Adult Business License. Upon determining that grounds for license revocation exist, the director of finance shall furnish written notice of the proposed revocation to the licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the licensee may request a hearing within fifteen calendar days of the postmarked date on the notice which 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 licensee as that name and address as appears on the license. It is the licensee's responsibility pursuant to Section 5.09.120 to notify the city of any changes in address of the licensee during the time the permit is in effect. Within fifteen calendar days after the later of the mailing or posting of the notice the licensee may file a request for hearing with the director. If the request for a hearing is filed within fifteen calendar days of the mailing or posting of the notice referred to herein, the director shall transmit the request to the planning commission, and the hearing shall be provided.
Upon receipt of a written request for a hearing, the planning commission shall conduct a hearing. The planning commission shall conduct a hearing within thirty calendar days of the filing of such request by the licensee. Notice of time and place of the hearing shall be given to the licensee 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 licensee and the city shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The planning commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the planning commission.
At the conclusion of the hearing, the planning commission shall decide whether the grounds for revocation exist and shall submit a written report to the director of finance. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the director of finance regarding whether the license 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 licensee on the day it is filed with the city clerk. If the planning commission determines that any grounds for revocation exist, as provided in Section 5.09.120(I) of this chapter, the director of finance, based upon the report of the planning commission or, if no hearing was requested by the licensee, based upon the report of the city staff, shall immediately revoke the adult business license. The decision of the planning commission shall be appealable to the city council 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 planning commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 5.09.100(A). The decision of the city council upon appeal, or the decision of the planning commission in the absence of a timely appeal, shall be final and conclusive.
No application for an adult business license shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which an adult business license has been revoked within the preceding three year period.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
Each employee of an adult business or an independent contractor working at an adult business three or more times during a ninety day period shall obtain an adult business employee permit issued by the director of finance.
A. 
Each person requesting an adult business employee permit shall submit a verified application on a form provided by the police department which shall contain the name and permanent address of the applicant, the name and address of the location where the applicant will work, a statement as to whether the applicant is over the age of eighteen, and such other information as the director of finance requires in order to decide whether the permit can be granted.
B. 
The director of finance shall grant the license unless he or she finds:
1. 
The applicant is under the age of eighteen;
2. 
The applicant has been convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of an adult business, whether or not the conviction is in California, 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, whether or not such a conviction is being appealed;
3. 
The adult business at which the applicant proposes to work is not properly permitted or licensed within the city; or
4. 
The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or any document required to be filed with the police department.
C. 
Within two business days of an application being filed and determined complete by the director of finance, the director of finance shall approve or deny a temporary adult business employee permit for the applicant. If a temporary adult business employee permit is approved it shall be in effect for a maximum of forty-five days or until such time as a permanent permit is issued. If the temporary adult business employee permit or the permanent adult business employee permit is denied, the director of finance shall notify the applicant in writing and shall state the reasons for the denial.
D. 
The permanent adult business employee permit shall be valid for a period of one year.
E. 
The applicant who has been issued adult business employee permit shall have a continuing duty to report to the director of finance any change in the facts disclosed in the initial application.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
A. 
It is unlawful to sell, serve or permit the consumption of alcohol or controlled substances in a structure occupied by an adult business.
B. 
It is unlawful for any person under the age of eighteen years or any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of an adult business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business.
C. 
It is unlawful 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 person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of the business.
D. 
For the purposes of this section, the licensee of an adult business license, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. As used in this section "controlled substance" means those substances defined and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult businesses as adopted by the city council of the city.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))
In addition to the penalties set forth at Section 5.09.160, any adult business which is operating in violation of this chapter or any provision thereof is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 98-18 § 2; Ord. 98-19 § 2 (part))