It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the residents and businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(Ord. 3601 § 2, 2000)
For the purpose of this chapter the words and phrases shall have the same meanings respectively ascribed to them by this section:
Adult-oriented businesses.
“Adult-oriented businesses” means any one of the following:
1. 
Adult Arcade. The term “adult arcade” as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. 
“Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment which, as a regular and substantial course of conduct, offers for sale or rental for any form of consideration any one or more of the following:
a. 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
b. 
Instruments, devices, or paraphernalia, except for clothing, which are designed for use in connection with specified sexual activities, or
c. 
Matter that, because of its sexually explicit nature, may, pursuant to state law, be offered only to persons over the age of 18 years.
3. 
Adult Cabaret. The term “adult cabaret” as used in this chapter, means a nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear nude or semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. 
Adult Hotel/Motel. The term “adult hotel/motel” as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
5. 
Adult Motion Picture Theater. The term “adult motion picture theater” as used in this chapter, is a business establishment, not an adult arcade, where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
6. 
Adult Theater. The term “adult theater” as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. 
Modeling Studio. The term “modeling studio” as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
Adult-oriented business operator.
“Adult-oriented business operator” (hereinafter “operator”) means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.
Applicant.
A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adultoriented business.
Church.
The term “church” as used in this chapter is a structure or leased portion of a structure which is used primarily for religious worship and related religious activities.
Child or family-oriented business.
The term “child or family-oriented business” means a business establishment which has as its primary clientele children or families with children, such as, but not limited to, toy stores, children’s clothing stores, family amusement arcades, or family recreation facilities.
Distinguished or characterized by an emphasis upon.
As used in this chapter, the term “distinguished or characterized by an emphasis upon” shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d 151 (1981).
Figure model.
“Figure model” means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
Health officer.
That person designated by the city manager as the health officer of the City of Roseville.
Nudity or a state of nudity.
“Nudity or a state of nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola.
Operate an adult-oriented business.
As used in this article “operate an adult-oriented business” means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
Permittee.
“Permittee” means the person to whom an adult-oriented business permit is issued.
Person.
Any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.
Police chief.
The police chief of the City of Roseville or the authorized representatives thereof.
The phrase “regular and substantial course of conduct”
shall be construed with reference to all relevant factors, including but not limited to the following:
1. 
The business devotes more than 30 percent of its retail inventory (not measured by the number of items but rather by the cost to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
2. 
The business devotes more than 30 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas.
3. 
The retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas exceeds 30 percent of the total retail value of inventory offered in any of the following categories: (a) books, (b) magazines, (c) video tapes or any material in digital format (including, but not limited to, compact disc (CD) or digital video disc (DVD)), for sale or rental, (d) novelties and devices, and (e) on-premises viewing of images, films, and or videos.
4. 
Gross revenue derived from merchandise in any category set forth in subsection (N)(3) of this section exceeds 30 percent of the total gross revenue for the category.
There is a rebuttable presumption that a business constitutes an adult bookstore, adult novelty store or adult video store where the business (1) offers or advertises merchandise that is distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas as set forth in subsection (A)(2) of this section and (2) fails to make revenue and inventory related business records available to the city upon reasonable advance notice.
Regularly features.
The term “regularly features” with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
School.
The term “school” as used in this chapter, is an institution of learning for minors, whether public or private, offering a regular course of instruction, such as, but not limited to, those courses of study required by the California Education Code, or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified anatomical areas.
As used herein, “specified anatomical areas” mean and include any of the following: less than completely and opaquely covered human:
1. 
Genitals or pubic region;
2. 
Buttocks; and
3. 
Female breast below a point immediately above the top of the areola.
Specified sexual activities.
As used herein, “specified sexual activities” mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
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 other activities described in subdivision (1) through (3) of this subsection.
(Ord. 3601 § 2, 2000)
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of Roseville the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect an adult-oriented business permit from the City of Roseville as herein required.
(Ord. 3601 § 2, 2000)
Every person who proposes to establish, maintain, operate or conduct an adult-oriented business in the City of Roseville shall file an application with the police chief upon a form provided by the City of Roseville and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.
(Ord. 3601 § 2, 2000)
A. 
Adult-oriented business permits are nontransferable, except in accordance with Section 9.11.080. Therefore, all applications shall include the following information:
1. 
If the applicant is an individual, the individual shall state his or her legal name, including all aliases, and address, and submit satisfactory written proof that he or she is at least 18 years of age.
2. 
If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
3. 
If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
4. 
If the applicant is a limited liability company, the company shall provide its complete name, the date of establishment, evidence that the company is in good standing under the laws of California, the names and capacities of all members and the name and the address of the managing member.
B. 
If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10 percent or greater interest in the business entity shall sign the application.
C. 
If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
D. 
A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adultoriented business site.
E. 
The address to which notice of action on the application is to be mailed.
F. 
The names of all employees, independent contractors, and other persons who will work at the adult-oriented business.
G. 
A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
H. 
An accurate straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and: (1) the property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (2) the property lines of any church, school, park, child or family-oriented business, residential zone or use within 500 feet of the primary entrance of the adult-oriented business.
I. 
A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 9.11.130(C).
J. 
If the police chief determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the police chief shall, within 10 days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
K. 
The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.
(Ord. 3601 § 2, 2000)
A. 
Upon receipt of a completed application and payment of the application and permit fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit.
B. 
Within 30 days of receipt of the completed application, the police chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
1. 
The police chief shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. 
If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
3. 
If the application is granted, the police chief shall attach to the application an adult-oriented business permit.
4. 
The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
C. 
The police chief shall grant the application and issue the adult-oriented business permit upon findings that the proposed business meets the locational criteria of Section 19.32.030; unless the application is denied for one or more of the reasons set forth in Section 9.11.070.
D. 
If the police chief neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 9.11.050(J)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the requirements of this code.
(Ord. 3601 § 2, 2000)
The police chief shall deny the application for any of the following reasons:
A. 
The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit.
B. 
An applicant is under 18 years of age.
C. 
The required application fee has not been paid.
D. 
The adult-oriented business does not comply with the Zoning Ordinance locational standards, Roseville Municipal Code Section 19.32.030.
Each adult-oriented business permit shall expire one year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.
(Ord. 3601 § 2, 2000)
A. 
A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.
B. 
A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the police chief in accordance with Section 9.11.050, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with Section 9.11.060 that the transferee would be entitled to the issuance of an original permit.
C. 
No permit may be transferred when the police chief has notified the permittee that the permit has been or may be suspended or revoked.
D. 
Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(Ord. 3601 § 2, 2000)
A. 
As a further condition of approval of every adult-oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee with the police department within five business days of the commencement of the employee’s period of employment at the adult-oriented business.
B. 
Each employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the police chief, shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the police department:
1. 
Name, current resident address, telephone number;
2. 
Date of birth;
3. 
Social Security number;
4. 
Height, weight, color of eyes and hair;
5. 
Stage name (if applicable) and other aliases used within the previous two years.
C. 
The information provided for purposes of this section shall be maintained by the police department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction.
D. 
Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose such registration for inspection by any police officer for purposes of determining compliance with the requirements of this section.
E. 
Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit.
(Ord. 3601 § 2, 2000)
An adult-oriented business permit may be suspended or revoked in accordance with the procedures and standards of this section.
A. 
On determining that grounds for permit revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:
1. 
All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The police chief’s decision may be appealed in accordance with Section 9.11.120.
B. 
A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
1. 
The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.
2. 
The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business:
a. 
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;
b. 
Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;
c. 
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;
d. 
The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code;
e. 
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4;
f. 
Any conduct prohibited by this chapter.
3. 
Failure to abide by any disciplinary action previously imposed by an appropriate city official.
C. 
After holding the hearing in accordance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the police chief shall impose one of the following:
1. 
A warning;
2. 
Suspension of the permit for a specified period not to exceed six months;
3. 
Revocation of the permit.
(Ord. 3601 § 2, 2000)
After denial of an application by the police chief for an adult-oriented business regulatory permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may appeal such action to the city council by filing an appeal on a standard form provided by the city clerk within 10 days from the date of denial, suspension or revocation. The appeal shall specify the action being appealed and shall state specific grounds for the appeal. If the denial, suspension or revocation is affirmed on review by the city council, the applicant, permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8. The city shall make all reasonable efforts to expedite judicial review.
(Ord. 3601 § 2, 2000)
A. 
Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City of Roseville.
B. 
Whether or not engaged in the operation of an adult-oriented business, no person shall maintain a business or use in any manner that permits the observation of any material or activities depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any location outside the building or area of such business or use. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business or use is open, and any exterior windows shall be covered with opaque covering at all times.
C. 
All off-street parking area and premises entries of the sexually-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
D. 
The premises within which the adult-oriented 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.
E. 
An adult-oriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.
F. 
The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the police chief or designee. No person under the age of 18 years shall be permitted within the premises at any time.
G. 
All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.
H. 
Any adult-oriented business which is also an “adult arcade” shall comply with the following provisions:
1. 
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 restrooms. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. 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 from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station.
2. 
The view area specified in subdivision 5 of this subsection H shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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.
3. 
No viewing room may be occupied by more than one person at any one time.
4. 
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
5. 
Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
6. 
The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator’s license to conduct the adult-oriented establishment.
I. 
All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area
Foot-Candles
Bookstores and other retail establishments
20
Theaters and cabarets
5 (except during performances, at which times lighting shall be at least 1.25 foot-candles.)
Arcades
10
Motels/hotels
20 (in public areas)
Modeling studios
20
J. 
The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adult-oriented 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 rest room facilities to its patrons or the general public.
K. 
The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
1. 
No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer “Entertainer” means any person who performs live entertainment for patrons of an adult-oriented business whether such person is an employee or independent contractor of the adult-oriented business, with or without any compensation or other form of consideration.
2. 
The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
3. 
The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
4. 
The adult-oriented 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-oriented business shall provide a minimum 3-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.
5. 
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. This subsection shall only apply to physical contact on the premises of the adult-oriented business.
6. 
Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
7. 
No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
8. 
No owner or other person with managerial control over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than fully opaque coverage over any part of the nipple or areola.
L. 
Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
1. 
Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
2. 
Security guards for other adult-oriented businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in Section 9.11.110(B)(2) from occurring on the premises.
3. 
Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager’s station while acting as a security guard.
The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.
(Ord. 3601 § 2, 2000)
Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police, health or code enforcement officer of the City of Roseville.
(Ord. 3601 § 2, 2000)
Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.
(Ord. 3601 § 2, 2000)
A. 
It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least 18 years of age.
B. 
It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least 18 years of age.
(Ord. 3601 § 2, 2000)
An applicant or permittee shall permit representatives of the police department, health department, fire department, planning department, building division, or other city departments or divisions to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses at any time it is occupied or opened for business. A person who operates an adult-oriented 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 open for business.
(Ord. 3601 § 2, 2000)
The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the City of Roseville.
(Ord. 3601 § 2, 2000)
All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business, must apply for and obtain such a permit within 90 days of the effective date of the ordinance codified in this chapter. Failure to do so and continued operation of an adult-oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this chapter.
(Ord. 3601 § 2, 2000)
Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.
(Ord. 3601 § 2, 2000)
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 10.54 of the Roseville Municipal Code.
(Ord. 3601 § 2, 2000)
Any person who violates, causes, or permits another person to violate any provision of this chapter commits a misdemeanor.
(Ord. 3601 § 2, 2000)
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.
(Ord. 3601 § 2, 2000)
In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by city ordinance.
(Ord. 3601 § 2, 2000)