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.
(Ord. 85-O-137, 1985)
As used in this article:
means any still or motion picture machine, projector or other
image-producing device which shows images to five or fewer persons
at any one time, for any consideration, and where the image so displayed
is distinguished or characterized by an emphasis on depicting or describing
"specified anatomical areas" or "specified sexual
activities."
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, and where the images
so displayed are distinguished or characterized by an emphasis on
depicting or describing "specified anatomical areas" or
"specified sexual activities."
includes, but is not limited to, the following:
includes the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse. oral/anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of
a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty;
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence;
Use of human or animal masturbation, sodomy, oral copulation,
coitus, or ejaculation;
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast;
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.
means the area where a patron or customer would ordinarily
be positioned while watching a film or peep show device.
(Ord. 85-O-137, 1985)
No person shall operate a peep show device unless a permit for
the operation of said device has been issued by the finance department
of the city and remains in effect in conformity with the provisions
of this code. No permit will be issued until all zoning and business
license requirements are met.
(Ord. 85-O-137, 1985)
No permit shall be issued by the finance department for a period
in excess of six months. The expiration dates of said permit shall
be June 30th and December 31st of each year.
(Ord. 85-O-137, 1985)
Every person owning or operating a peep show device shall pay
a fee for each such device, as established by ordinance of the city
council. Any person applying for a permit for a period of less than
six months shall pay a prorated fee.
(Ord. 85-O-137, 1985)
All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee as established by ordinance of the city council. In the event the permit is granted or renewed, the same shall be applied to the permit fee as described in Section 6.56.240. In the event such permit is denied, said application fee shall be and become the property of the city.
(Ord. 85-O-137, 1985)
Every applicant shall file an application for a permit, or for
the renewal of a permit, with the director of finance of the city
upon the form to be provided by the director of finance. Immediately
upon the receipt of an application, the director of finance shall
deliver said application to the chief of police or delegate. The chief
of police or his delegate shall cause to be made an investigation
of the application to determine whether:
(1)
The
applicant has knowingly made a false or misleading statement of a
material fact or omission of a material fact in the application;
(2)
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 this code;
(3)
The
applicant is under 18 years of age;
(4)
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
(5)
Customers
or patrons of the peep show establishment have been convicted or pleaded
nolo contendere or guilty to a misdemeanor or felony crime of moral
turpitude, or a misdemeanor or felony crime involving sexual misconduct,
involving, 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 insure
that such criminal acts do not further occur.
(Ord. 85-O-137, 1985)
If the chief of police finds that the applicant will be in compliance with the requirements described in Section 6.56.260, the permit shall be granted or renewed. Any application for permit or for the renewal of a permit may be denied if the chief of police finds that the applicant will not be in compliance with the requirements described in Section 6.56.260. The chief of police shall file a report of the approval or denial of the application with the finance department 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.
(Ord. 85-O-137, 1985)
In the event that any person holding a permit shall violate or cause or permit to be violated any of the provisions of this article, including subsections (2) and (5) of Section 6.56.260, or any provision of any other article, ordinance or law relating to or regulation said business, or shall conduct or carry on the business in a manner which manifests a disability to perform properly the duties of the business, as evidenced by the commission of an act or a series of acts, the chief of police may, in addition to other penalties of this code, take action to suspend or revoke the permit issued for conducting or carrying on the business. The action of the chief of police shall be subject to the appeal provisions of this code except that the chief of police may take immediate action with respect to a permit, if a subsequent hearing is provided, where there is an urgency of immediate action to protect the public from injury or harm, or 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.
(Ord. 85-O-137, 1985)
Any person aggrieved by the decision of the chief of police
to deny issuance or renewal of a permit or to suspend or revoke a
permit may appeal to the city administrator, in which case the action
of the chief of police shall be suspended until the city administrator
has made his decision.
(Ord. 85-O-137, 1985)
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.
(Ord. 85-O-137, 1985)
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 finance department 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 thereon 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.
(Ord. 85-O-137, 1985)
No person shall operate a peep show establishment unless any
wall or partition which is situated so as to create a room, enclosure
or booth in which any peep show device is located is constructed of
not less than one-hour fire resistive material.
(Ord. 85-O-137, 1985)
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 they
comply with all building, fire and health and safety codes and all
of the following requirements are met:
(1)
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.
(2)
In
toilet rooms, a waterproof floor covering shall be provided which
extends up the walls at least six inches and shall be coved 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.
(3)
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.
(4)
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.
(5)
There
shall be no doors or curtains on the entrance to any toilet stall;
and there shall be no locks or bolt on the door to the toilet facility.
(6)
All
viewing areas must be visible from a continuous main aisle and must
not be obscured by any curtain, door, wall or other enclosure.
(Ord. 85-O-137, 1985)
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 44 inches.
(Ord. 85-O-137, 1985)
No person shall operate a peep show establishment unless there
are no fewer than two doorways of a width no less than 36 inches which
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.
(Ord. 85-O-137, 1985)
No person shall operate a peep show establishment unless, over
every doorway which 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 is maintained.
(Ord. 85-O-137, 1985)
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 which provide ingress
to or egress from the establishment.
(Ord. 85-O-137, 1985)
No person shall operate a peep show establishment unless a light
level of not less than 20 foot-candles at floor level is maintained
in every portion of said establishment to which the public is admitted.
(Ord. 85-O-137, 1985)
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.
(Ord. 85-O-137, 1985)
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 said room.
(Ord. 85-O-137, 1985)
The city shall have the right at reasonable times to access
the peep show establishment for the purpose of a reasonable inspection
to enforce compliance with building, fire, electrical or plumbing
regulations.
(Ord. 85-O-137, 1985)
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.
(Ord. 85-O-137, 1985)
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 ordinance, 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 said
services related to this section.
(Ord. 85-O-137, 1985)
