It is the purpose and intent of this Chapter to regulate sexually
oriented businesses to promote the health, safety, morals, and general
welfare of the citizens of the City and to establish reasonable and
uniform regulations to prevent any deleterious location and concentration
of sexually oriented businesses within the City, thereby reducing
or eliminating the adverse secondary effects from such sexually oriented
businesses. 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 sexually oriented materials.
Similarly, it is not the intent nor effect of this Chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent nor effect of the Chapter to condone or legitimize
the distribution of obscene material.
(Ord. 333 § 1, 1993)
For the purposes of this division, certain terms and words are
defined as follows:
are those businesses defined as follows:
Adult arcade.
"Adult arcade" means an establishment where,
for any form of consideration, one or more still or motion picture,
projectors, slide projectors, or similar machines, or other image
producing 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 the depiction
or description of "specified sexual activities" or "specified
anatomical areas."
Adult bookstore.
(i)
(ii)
(iii)
"Adult Bookstore," "Adult Novelty Store"
or "Adult Video Store" means a commercial establishment
which has a significant or substantial portion of its stock in trade
or derives a significant or substantial portion of its revenue or
devotes a significant or substantial portion of its interior business
or advertising to the sale, rental for any form of consideration,
of any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes, slides, or other visual representations
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas";
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of themselves or others.
The term "significant or substantial portion," as
used in this Chapter shall mean "more than one half."
The fact that an establishment may include activities which do not
involve the offering for sale, rental or viewing of materials depicting
or describing "specified sexual activities" or "specified
anatomical areas," will not preclude categorization of the business
as adult bookstore, adult novelty store, or adult video store so long
as more than one half of the stock in trade consists of materials
of the nature described in subsections (a)(2)(i) and (ii), above,
or more than one half of the revenues of the establishment are derived
from sales, rentals or viewing of such materials, or more than one
half of the publicly accessible floor area of the establishment is
devoted to the display, advertising, sale or offering for sale, rental
or viewing of such materials. No film, motion picture, video cassette
or other photographic reproduction shall be deemed to be "characterized
by the depiction or description of 'specified sexual activities'
or 'specified anatomical areas,'" as that phrase
is used in the definitions of "adult arcade," "adult
bookstore," "adult novelty store," "adult
video store" and "adult motion picture theater"
if such film, motion picture, video cassette or other photographic
reproduction is in a version which has been rated by the Motion Picture
Association of America or any other generally recognized rating agency,
in the category of "G," "Pg," "Pg-13"
or "R."
Adult cabaret.
"Adult cabaret" means a nightclub, bar, restaurant
"bottle club," or similar commercial establishment, whether
or not alcoholic beverages are served, which features: (a) persons
who appear nude or in a State of nudity or semi-nude; (b) live performances
which are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities," or (c)
films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical
areas."
Adult motel.
"Adult motel" means a motel, hotel or similar
commercial establishment which: (a) offers public accommodations,
for any form of consideration, which provides patrons with closed
circuit television transmissions, films, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized
by the depiction or description of "specified sexual activities"
or "specified anatomical areas" and which advertises the
availability of this sexually oriented type of 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
or leaflets, radio or television, or (b) offers a sleeping room for
rent for a period of time less than 10 hours; or (c) allows a tenant
or occupant to sub rent the sleeping room for a time period of less
than 10 hours.
Adult motion picture theater.
"Adult motion picture theater" means a commercial
establishment where films, motion pictures, video cassettes, slides
or similar photographic reproductions which are characterized by the
depiction or description of "specified sexual activities"
or "specified anatomical areas" are regularly shown for
any form of consideration.
Adult theater.
"Adult theatre" means a theater, concert hall,
auditorium, or similar commercial establishment which, for any form
of consideration, regularly features persons who appear in a State
of nudity or live performances which are characterized by exposure
of "specified anatomical areas" or by "specified
sexual activities."
Nude model studio.
"Nude model studio" means any place where a person,
who appears in a State of nudity or displays "specified anatomical
areas" is provided for money or any form of consideration to
be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons.
Sexual encounter establishment.
"Sexual encounter establishment" means a business
or commercial establishment, that as one of its primary business purposes,
offers for any form of consideration, a place where two or more persons
may congregate, associate, or consort for the purpose of "specified
sexual activities" or the exposure of "specified anatomical
areas" or activities when one or more of the persons is in a
State of nudity or semi-nudity. The definition of sexually oriented
businesses shall not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed
by the State engages in medically approved and recognized sexual therapy.
means a person who works or performs in and/or for a sexually
oriented business, regardless of whether or not said person is paid
a salary, wage or other compensation by the operator of said business.
means an integrated unit of shops in one building or a series
of buildings enclosed around a plaza or pedestrian mall with 65% of
the access and display area is inward facing onto the enclosed common
area, plaza, or pedestrian mall.
means and includes any of the following:
The opening or commencement of any such business as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any of the sexually oriented businesses defined
in this Chapter;
The addition of any of the sexually oriented businesses defined
in this Chapter to any other existing sexually oriented business;
or
The relocation of any such sexually oriented business.
means: (a) the appearance of human bare buttock, anus, male
genitals, female genitals, or the areola or nipple of the female breast;
or (b) a State of dress which fails to opaquely and fully cover a
human buttocks, anus, male or female genitals, pubic region or areola
or nipple of the female breast.
means and includes the owner, permit holder, custodian, manager,
operator or person in charge of any permitted or licensed premises.
means any building owned, leased or held by the United States,
the State, the County, the City, any special district, school district,
or any other agency or political subdivision of the State or the United
States, which building is used for governmental purposes.
means public land which has been designated for park or recreational
activities including but not limited to a park, playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis
courts, pedestrian/bicycle paths, open space, wilderness areas, or
similar public land within the City which is under the control, operation,
or management of the City park and recreation authorities.
means any church, synagogue, mosque, temple or building which
is used primarily for religious worship and related religious activities.
means any public or private educational facility including
but not limited to child day care facilities, nursery schools, pre-schools,
kindergartens, elementary schools, primary schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges, and universities. School includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
means any premises that requires a license and/or permit
and that is classified as a sexually oriented business.
means a person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
means an adult arcade, adult bookstore, adult novelty shop,
adult video store, adult cabaret, adult motel, adult motion picture
theatre, adult theatre, sexual encounter establishment, or nude model
studio.
means a single-family, duplex, townhouse, multiple family,
or mobile park or subdivision and campground as defined in the City
of Indian Well's Zoning Code.
as used in this Chapter means and includes any of the following:
as used in this Chapter, means and includes any of the following:
The fondling or other intentional touching of human genitals,
pubic region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Human genitals in a State of sexual stimulation, arousal or
tumescence;
Excretory functions as part of or in connection with any of
the activities set forth in subdivisions (1) through (4) of this subsection.
means a State of dress in which clothing covers no more than
the genitals, pubic region, and aureole of the female breast, as well
as portions of the body covered by supporting straps or devices.
means increase in the floor areas occupied by the business
by more than 15%, as the floor areas exist on December 19, 1993.
means and includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means;
The establishment of a trust, gift or other similar legal devise
which transfers ownership or control of the business, except for transfer
by bequest or other operation of law upon the death of a person possessing
the ownership or control.
(a)
Prohibited
Locations Generally. No person shall cause or permit the establishment
of any of the following sexually oriented businesses, as defined above,
within 1,000 feet of another such business or within 1,000 feet of
any religious institution, school, boys' club, girls'
club, or similar existing youth organization, or public park or public
building, or within 1,000 feet of any property zoned for residential
use or used for residential purposes and are classified as follows:
(b)
Permitted Locations Generally. Nothing in this Section prohibits the location of sexually oriented businesses within retail shopping centers, where permitted by the Municipal Zoning Code, wherein such activities will have their only frontage upon enclosed malls so that such businesses are isolated from direct view from public streets, parks, schools, religious institutions, boys' clubs, girls' clubs, or similar existing youth organization, public buildings or residential districts or uses without regard to the distance requirements of subsection (a) above.
(Ord. 333 § 1, 1993)
As regarding Section 5.30.030(a) distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys' club, girls' club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, boys' club, girls' club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes.
(Ord. 333 § 1, 1993)
Sexually oriented business shall be permitted only as provided in Section 5.30.030 in which such use is listed as permissible. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Section 5.30.080 et seq. of this Chapter. In addition, any sexually oriented business shall be subject to the following restrictions:
(a)
The person commits a misdemeanor, if he operates or causes to be operated a sexually oriented business except as provided in Section 5.30.030.
(b)
The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of: (1) any religious institution; (2) any school; (3) the boundary of any residential district; (4) a public park adjacent to any residential district; (5) a property line of a lot devoted to residential use: or (6) a boys' club, girls' club, or similar existing youth organization, except as provided in Section 5.30.030(b)
(c)
A person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within 1,000 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or any sexual encounter establishment, except as provided in Section 5.30.030(b).
(d)
A
person commits a misdemeanor if he causes or permits the operation,
establishment, or maintenance of more than one sexually oriented business
within the same building, structure, or portion thereof, or causes
the substantial enlargement of any sexually oriented business in any
building, structure or portion thereof containing another sexually
oriented business.
(e)
It
is a defense to prosecution under this Section if a person appearing
in a State of nudity did so in a modeling class operated:
(1)
by a proprietary school, licensed by the State of California; a college,
junior college, or university supported entirely or partly by taxation;
(2)
by a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
in a structure:
(i)
which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
(ii)
where, in order to participate in a class a student must enroll
at least three days in advance of the class; and
(iii)
where no more than one nude model is on the premises at any
one time.
(Ord. 333 § 1, 1993)
(a)
Any sexually oriented businesses lawfully operating on December 19, 1993 that is in violation of Sections 5.30.030 or 5.30.050 of this Chapter, shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a period one year, with a possible extension to be granted by the Planning Commission only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the non-conforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is non-conforming, except as provided in Section 5.30.030(b)
(b)
A
sexually oriented business lawfully operating as conforming use is
not rendered a non conforming use by the location, subsequent to the
grant or renewal of a sexually oriented business permit and/or license,
of a church, public or private elementary or secondary school, public
park, public building, residential district, or residential lot within
1,000 feet of the sexually oriented business. This provision applies
only to the renewal of a valid permit and/or license and does not
apply when an application for a permit and/or license is submitted
after a permit and/or license has expired or has been revoked.
(c)
Any establishment subject to the provision of this Section shall apply for the permit provided for by Section 5.30.100 within 30 days of the effective date of the ordinance codified in this Chapter. Any establishment, existing prior to the effective date of this Chapter, shall comply with the regulations pertaining to Section 5.30.200, within 60 days of the effective date of this Chapter.
(Ord. 333 § 1, 1993)
A person who operates or causes to be operated a sexually oriented
business without having a valid permit due to locational restrictions
is subject to a suit for injunction as well as prosecution for the
criminal violation. Such violation shall be punishable by a fine of
$1,000 and/or 30 days imprisonment, and if an injunction must be sought,
attorneys fees and costs will be assessed at the discretion of the
Court against the sexually oriented business.
(Ord. 333 § 1, 1993)
It is the purpose of this Chapter to regulate sexually oriented
businesses to promote the health, safety, morals and general welfare
of the citizens of the City, and to establish reasonable and uniform
regulations to prevent deleterious effects of sexually oriented 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 sexually oriented materials.
Similarly, it is not the intent nor effect of this Chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
Neither is it the intent or effect of this Chapter to in any way condone
or legitimize the distribution of obscene or harmful material to minors.
(Ord. 333 § 1, 1993)
(a)
No
sexually oriented business shall be permitted to operate without a
valid sexually oriented business permit issued by the City for the
particular type of business. It shall be unlawful and a person commits
a misdemeanor if he/she operates or causes to be operated a sexually
oriented business without said permit.
(b)
The City Manager or designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The City Manager or designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of Sections 5.30.030, 5.30.050, and 5.30.060 of this Chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this Chapter in the City and the City General Plan.
The Riverside County Sheriff's Department is responsible
for providing information on whether an applicant has been convicted
of a specified criminal act during the time period set forth.
The City's Code Enforcement Office is responsible for
inspecting a proposed, permitted or non permitted sexually oriented
business in order to ascertain whether it is in compliance with applicable
statutes and ordinances.
(c)
An
application for a permit must be made on a form provided by the City.
Any person desiring to operate a sexually oriented business shall
file with the City an original and two copies of a sworn permit application
on the standard application form supplied by the City or designee.
(d)
The
completed application shall contain the following information and
shall be accompanied by the following documents:
(1)
If the applicant is:
(i)
An individual, the individual shall State his/her legal name and
any aliases and submit satisfactory proof that he/she is 18 years
of age;
(ii)
A partnership, the partnership shall State its complete name,
and the names of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any;
(iii)
A corporation, the corporation shall State 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, directors and principal stockholders, and the name
of the registered corporate agent and the address of the registered
office for service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he must State the sexually
oriented business's fictitious name and submit the required
California registration documents.
(3)
Whether the applicant or any of the other individuals listed pursuant to Section 5.30.090 of this Chapter has, within the two or five year period as specified in Section 5.30.110 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
(4)
Whether the applicant or any of the other individuals pursuant to Section 5.30.090 and/or licenses of this Chapter has had a previous permit under this Chapter or other similar sexually oriented business ordinances from another City or County denied, suspended or revoked, including the name and location of the sexually oriented 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 Section 5.30.090 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this Chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5)
Whether the applicant or any other individual listed pursuant to Section 5.30.090 holds any other permits and/or licenses under this Chapter or other similar sexually oriented business ordinances from another City or County and, if so, the names and locations of such other permitted businesses.
(6)
The single classification of permit for which the applicant is filing.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s), if any.
(8)
The applicant's mailing addresses and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The applicant's driver's permit number, Social Security
number, and or his/her State or federally issued tax identification
number.
(11)
A sketch or diagram showing the configuration of the premises, including
a Statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but it 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.
(12)
A current certificate and straight line drawing prepared within 30 days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Chapter within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified. For purposes of this Section a use shall be considered existing or established if it is in existence at the time an application is submitted. Section 5.30.030(b) is excepted from this requirement.
(13)
If a person who wishes to operate a sexually oriented business is
an individual, he/she must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a 10% or greater
interest in the business must sign the application for a permit as
applicant. If a corporation is listed as Owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a 10% or greater interest in the corporation
must sign the application for a permit as applicant.
(14)
If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements Stated at Section 5.30.200 et seq.
(e)
Applicants
for a permit under this Section shall have a continuing duty to promptly
supplement application information required by this Section in the
event that said information changes in any way from what is Stated
on the application. The failure to comply with said continuing duty
within 30 days from the date of such change, by supplementing the
application on file with the City Manager or designee, shall be grounds
for suspension of a permit.
(f)
In
the event that the City Manager or designee determines or learns at
any time that the applicant has improperly completed the application
for a proposed sexually oriented business, he/she shall promptly notify
the applicant of such fact and allow the applicant 10 days to properly
complete the application. (The time period for granting or denying
a permit shall be stayed during the period in which the applicant
is allowed an opportunity to properly complete the application.)
(g)
The
applicant must be qualified according to the provisions of this Chapter
and the premises must be inspected and found to be in compliance with
health, fire and building codes and laws.
(h)
The
applicant shall be required to pay a nonrefundable application fee
of $100 at the time of filing an application under this Section of
this Chapter.
(i)
Prior to obtaining any permit or license to operate any sexually oriented business defined in this Chapter, and as part of any application for a permit under this Section, the applicant shall obtain from the City or its designee a certification that the proposed location of such business complies with the locational requirements of Sections 5.30.030, 5.30.050 and 5.30.060 of this Chapter.
(j)
The
fact that a person possesses other types of State or City permits
and/or licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business permit.
(k)
By
applying for a permit under this Chapter, the applicant shall be deemed
to have consented to the provisions of this Chapter and to the exercise
by the City Manager or designee, the Riverside County Sheriff's
Department and all other City agencies charged with enforcing the
laws, ordinances and codes applicable in the City of their respective
responsibilities under this Chapter.
(Ord. 333 § 1, 1993)
(a)
Upon receipt of an application properly filed with the City and upon payment of the nonrefundable application fee, the City or its designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Riverside County Sheriff's Department and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Chapter. Said investigation shall be completed within 20 days of receipt of the application by the City or its designee. 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. The Riverside County Sheriff's Department shall only be required to certify the NCIC records request check mentioned at Section 5.30.110. The Riverside County Sheriff's Department shall not be required to approve or disapprove applications.
(b)
A
department or agency shall disapprove an application if it finds that
the proposed sexually oriented business will be in violation of any
provision of any statute, code, ordinance, regulation or other law
in effect in the City. After its indication of approval or disapproval,
each department or agency shall immediately return the photocopy of
the application to the City or its designee.
(Ord. 333 § 1, 1993)
(a)
Time
Requirement for Granting or Denying a Permit. The City Manager or
his/her designee, shall grant or deny an application for a permit
within 30 days from the date of its proper filing. Upon the expiration
of the thirtieth (30th) 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 permit is sought, unless
and until the City or its designee, notifies the applicant of a denial
of the application and States the reasons(s) for that denial.
(b)
Grant
of Application for Permit.
(1)
The City Manager or designee, shall grant the application unless one or more of the criteria set forth in Section 5.30.110(c) below is present.
(2)
The permit, 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 sexually oriented business. The permit shall also indicate
that the Sexually Oriented Business whether permitted or not may be
subject to prohibitions against Public Nudity and Indecency pursuant
to the United States Supreme Court decision in Barnes v. Glen Theatre,
Inc., 501 U.S. 111 S.Ct. 2456 (June 21, 1991) and Beachfront USA v.
City of Los Angeles D.A.R. (Sept. 1992). The permit shall be posted
in a conspicuous place at or near the entrance to the sexually oriented
business so that it can be read easily at any time.
(c)
Denial
of Application for Permit.
(1)
The City Manager or designee, shall deny the application for any
of the following reasons:
(i)
An applicant is under 18 years of age.
(ii)
An applicant or an applicant's spouse is overdue on his/her
payment to the City of taxes, fees, fines, or penalties assessed against
him/her or imposed upon him/her in relation to a sexually oriented
business.
(iii)
An applicant is residing with a person who has been denied a
permit by the City to operate a sexually oriented business within
the preceding 12 months, or residing with a person whose permit to
operate a sexually oriented business has been revoked within the preceding
12 months.
(iv)
An applicant has failed to provide information required by this
Section or permit application for the issuance of the permit or has
falsely answered a question or request for information on the application
form.
(v)
The premises to be used for the sexually oriented business have not
been approved as being in compliance with health, fire and building
codes by the department or agency responsible under law for investigating
said compliance.
(vi)
The application or permit fees required by this Chapter have
not been paid.
(viii)
The granting of the application would violate a statute, ordinance,
or court order.
(ix)
The applicant has a permit under this Chapter which has been
suspended or revoked.
(x)
An applicant has been convicted of a "specified criminal"
act for which:
(A)
Less than two years have elapsed since the date of conviction
or the date of release from confinement, whichever is the later date,
if the conviction is of a misdemeanor offense for the "specified
criminal" acts which are sexual crimes against children, sexual
abuse, rape or crimes connected with another sexually oriented business
including but not limited to distribution of obscenity or material
harmful to minors, prostitution, pandering, or tax violations;
(B)
Less than five years have elapsed since the date of conviction
or the date of release from confinement, whichever is the later date,
if the conviction is of a felony offense for the "specified
criminal" acts which are sexual crimes against children, sexual
abuse, rape or crimes connected with another sexually oriented business
including but not limited to distribution of obscenity or material
harmful to minors, prostitution, pandering, or tax violations;
(C)
Less than five years have elapsed since the date of conviction
or the date of release from confinement, whichever is the later date,
if the convictions are of two or more misdemeanor for the "specified
criminal" acts which are sexual crimes against children, sexual
abuse, rape or crimes connected with another sexually oriented business
including but not limited to distribution of obscenity or materials
harmful to minors, prostitution, pandering or tax violations; offenses
occurring within any 24 month period;
(D)
The fact that a conviction is being appealed shall have no effect
on disqualification of the applicant;
(E)
An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period required above in Section 5.30.110(c)(1)(x)(B) has elapsed.
(2)
If the City Manager or designee, denies the application, he/she shall
notify the applicant of the denial and State the reasons(s) for the
denial.
(3)
If a person applies for a permit for a particular location within
a period of 12 months from the date of denial of a previous application
for a permit 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.
(Ord. 333 § 1, 1993)
The annual fee for a sexually oriented business permit is $850.
(Ord. 333 § 1, 1993)
(a)
An
applicant or permittee shall permit representatives of the Code Enforcement
Office, the County Health Department, and the Fire Department to inspect
the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is occupied or open for business.
(b)
It
shall be unlawful and a person who operates a sexually oriented business,
regardless of whether or not a permit has been issued for said business
under this Chapter, or his/her agent or employee commits a misdemeanor
if he/she refuses to permit such lawful inspection of the premises
at any time that it is occupied or open for business.
(Ord. 333 § 1, 1993)
(a)
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 5.30.090 (for renewals, filing of original survey shall be sufficient) of this Chapter. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.
(b)
When
the City Manager or designee denies renewal of the permit, the applicant
shall not be issued a permit under this Chapter for one year from
the date of denial. If, subsequent to denial, the City or its designee
finds that the basis for denial of the renewal of the permit has been
corrected, the applicant shall be granted a permit if at least 90
days have elapsed since the date denial became final.
(Ord. 333 § 1, 1993)
(a)
The
City Manager or designee, shall suspend a permit for a period not
to exceed 30 days if he/she determines that a permittee, or an employee
of a permittee, has:
(1)
Violated or is not in compliance with any section of this Chapter;
or
(2)
Been under the influence of alcoholic beverages while on the sexually
oriented business premises; or
(3)
Refused to allow an inspection of sexually oriented business premises
as authorized by this Chapter; or
(4)
Knowingly permitted gambling by any person on the sexually oriented
business premises; or
(5)
Operated the sexually oriented business in violation of a building,
fire, health, or zoning statute, code, ordinance or regulation, whether
federal, State or local, said determination being based on investigation
by the division, department or agency charged with enforcing said
rules or laws. In the event of such statute, code, ordinance or regulation
violation, the City or its designee shall promptly notify the permittee
of the violation and shall allow the permittee a seven day period
in which to correct the violation. If the permittee fails to correct
the violation before the expiration of the seven day period, the City
or its designee shall forthwith suspend the permit and shall notify
the permittee of the suspension.
(6)
Engaged in permit transfer contrary to Section 5.30.180 of this Chapter. In the event that the City or its designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 5.30.180 of this Chapter, the City Manager or designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Chapter has been satisfied.
(7)
Operated the sexually oriented business in violation of the hours
of operation Section 5.30.0230.
(b)
The
suspension shall remain in effect until the violation of the statute,
code, or Chapter regulation in question has been corrected.
(Ord. 333 § 1, 1993)
(a)
The City Manager or designee shall revoke a permit if a cause of suspension in Section 5.30.150 of this Chapter occurs and the permit has been suspended within the preceding 12 months.
(b)
The
City Manager or designee, shall revoke a permit upon determining that:
(1)
A permittee gave false or misleading information in the material
submitted during the application process that tended to enhance the
applicant's opportunity for obtaining a permit; or
(2)
A permittee or an employee has knowingly allowed unlawful possession,
use or sale of controlled substances in or on the premises; or
(3)
A permittee or an employee has knowingly allowed prostitution on
the premises; or
(4)
A permittee or an employee knowingly operated the sexually oriented
business during a period of time when the permittee's permit
was suspended; or
(5)
A permittee has been convicted of a "specified criminal act" for which the time period required in Section 5.30.110 of this Chapter has not elapsed; or
(6)
On two or more occasions within a 12 month period, a person or persons
committed an offense, occurring in or on the permitted premises, constituting
a specified criminal act for which a conviction has been obtained,
and the person or persons were employees of the sexually oriented
business at the time the offenses were committed. The fact that a
conviction is being appealed shall have no effect on the revocation
of the permit; or
(7)
A permittee is convicted of tax violations for any taxes or fees
related to a sexually oriented business, or
(8)
A permittee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or any other specified
sexual activities to occur in or on the permitted premises.
(9)
A permittee has been operating more than one sexually oriented business under a single roof except as provided in Section 5.30.030(b)
(c)
When the City Manager or designee revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the City Manager or designee finds that the basis for revocation under Section 5.30.160 of this Chapter has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date revocation became effective. If the permit was revoked under Section 5.30.160 of this Chapter, an applicant may not be granted another permit until the number of years required under Section 5.30.160. have elapsed.
(Ord. 333 § 1, 1993)
After denial of an application, or denial of a renewal of an
application, or suspension or revocation of a permit, the applicant
or permittee may seek prompt review of such administrative action
through the City Council or special City Review Board if one is established
by the City. If the denial, suspension or revocation is affirmed upon
review, the administrative action shall be promptly reviewed by the
Court.
(Ord. 333 § 1, 1993)
(a)
A
permittee shall not operate a sexually oriented business under the
authority of a permit at any place other than the address designated
in the application for permit.
(b)
A
permittee shall not transfer his/her permit to another person unless
and until such other person satisfies the following requirements:
(1)
Obtains an amendment to the permit from the City Manager or designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the City Manager or designee, setting forth the information called for under Section 5.30.110 of this Chapter in the application; and
(2)
Pays a transfer fee of 20% of the annual permit fee set by this Chapter.
(c)
No
permit may be transferred when the City Manager or designee has notified
the permittee that suspension or revocation proceedings have been
or will be brought against the permittee.
(d)
A
permittee shall not transfer his permit to another location.
(e)
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. 333 § 1, 1993)
(a)
Each individual to be employed in a sexually oriented business, as defined in Section 5.30.020 of this Chapter, who engages in the services rendered by a nude model studio, sexual encounter establishment, or a live performer or entertainer shall be required to obtain a Sexually Oriented Business Employee License. Each applicant shall pay a permit fee of $25. Said fee is to cover reasonable administrative costs of the licensing application process.
(b)
Before
any applicant may be issued a Sexually Oriented Business Employee
License, the applicant shall submit on a form to be provided by the
City Manager or designee the following information:
(1)
The applicant's name or any other names (including "stage"
names) or aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
State driver's license or identification number;
(7)
Social Security number; and
(8)
Acceptable written proof that the individual is at least 18 years
of age.
(9)
Attached to the application form as provided above, a color photograph
of the applicant clearly showing the applicant's face, and the
applicant's fingerprints on a form provided by the Riverside
County Sheriff's Department. Any fees for the photographs and
fingerprints shall be paid by the applicant.
(10)
A Statement detailing the license or permit history of the applicant
for the five years immediately preceding the date of the filing of
the application, including whether such applicant previously operating
or seeking to operate, in this or any other County, City, State, or
country has ever had a license, permit, or authorization to do business
denied, revoked, or suspended, or had any professional or vocational
license or permit denied, revoked, or suspended. In the event of any
such denial, revocation, or suspension, State the date, the name of
the issuing or denying jurisdiction, and describe in full the reasons
for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the application.
(11)
Whether the applicant has been convicted of a "specified criminal" act as defined in Section 5.30.110(c)(1)(x) of this Chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction.
(12)
If the application is complete on its face, the City Manager or designee
shall forthwith issue an interim employee permit. The City Manager
or designee shall refer the Sexually Oriented Business Employee License
Application to the Riverside County Sheriff's Department for
an investigation to be made of such information as is contained on
the application. The application process shall be completed within
30 days from the date the completed application is filed. After the
investigation, the City Manager or designee shall issue a license
unless the report from the Sheriff's Department finds that one
or more of the following findings is true:
(i)
That the applicant has knowingly made any false, misleading, or fraudulent
Statement of a material fact in the application for a license, or
in any report or record required to be filed with the Sheriff's
Department or other department of the City;
(ii)
That the applicant is under 18 years of age;
(iii)
That the applicant has been convicted of a "specified criminal act" as defined in Section 5.30.110(c)(1)(x) of this Chapter;
(iv)
That the Sexually Oriented Business Employee License is to be
used for employment in a business prohibited by local or State law,
statute, rule or regulation, or prohibited by particular provisions
of this Chapter;
(v)
That the applicant has had a Sexually Oriented Business Employee
License revoked by the City within two years of the date of the current
application;
(c)
Renewal
of License.
(1)
A license granted pursuant to this Section shall be subject to annual renewal by the City Manager or designee upon the written application of the applicant and a finding by the City Manager or designee and the Riverside County Sheriff's Department that the applicant has not been convicted of any "specified criminal act" as defined in Section 5.30.110(c)(1)(x) of this Chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
(2)
The renewal of the license shall be subject to payment of a fee as
set by a resolution of the City Council.
(Ord. 333 § 1, 1993)
(a)
A
person who operates or causes to be operated a sexually oriented business,
other than a sexually oriented motel/hotel and regardless of whether
or not a permit has been issued to said business under this Chapter,
which exhibits on the premises in a viewing room of less than 150
square feet of floor space, a film, video cassette or other video
reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business permit, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations, the
location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area with no dimension
greater than eight feet. The diagram shall also designate the place
at which this permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be
drawn to a designated scale with marked dimensions sufficient to show
the various internal dimension of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The City Manager
or designee may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the City or its
designee.
(4)
It is the duty of the owners and operator of the premises to insure
that at least one employee is on duty and situated at each manager's
station at all times that any patron is present inside the premises.
(5)
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 video
reproduction equipment. If the premises have 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 by direct line of sight from the manager's
station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in Section 5.30.200(a)(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Section 5.30.200(a)
(7)
No viewing room may be occupied by more than one person at any one
time.
(8)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access and an illumination of not less than two (2.0) footcandle
as measured at the floor level.
(9)
It shall be the duty of the owners and operator and it shall also
be the duty of any agents and employees present on the premises to
insure that the illumination described above is maintained at all
times that any patron is present on the premises.
(b)
A person having a duty under Section 5.30.200(a)(1)—(9) commits a misdemeanor if he/she knowingly fails to fulfill that duty.
(Ord. 333 § 1, 1993)
A person commits a misdemeanor if he/she operates or causes
to be operated a sexually oriented business, regardless of whether
or not a permit has been issued for said business under this Chapter,
and knowingly or with reasonable cause to know, permit, suffer, or
allow:
(a)
Admittance
of a person under 18 years of age to the business premises unless
accompanied by a parent or guardian;
(b)
A
person under 18 years of age to remain at the business premises unless
accompanied by a parent or guardian;
(c)
A
person under 18 years of age to purchase goods or services at the
business premises without the specific consent of a parent or guardian;
or
(d)
A
person who is under 18 years of age to work at the business premises
as an employee.
(e)
The
permittee shall not allow any portion of the interior premises to
be visible from outside the premises.
(Ord. 333 § 1, 1993)
(a)
It
shall be unlawful and a person commits a misdemeanor if he/she operates
or causes to be operated a sexually oriented business, regardless
of whether or not a permit has been issued for said business under
this Chapter, and allows such business to remain open for business,
or to permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service, or solicit a service,
between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(b)
It
shall be unlawful and a person commits a misdemeanor if, working as
an employee of a sexually oriented business, regardless of whether
or not a permit has been issued for said business under this Chapter,
said employee engages in a performance, solicits a performance, makes
a sale, solicits a sale, provides a service, or solicits a service
between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(Ord. 333 § 1, 1993)
The United States Supreme Court decision in Barnes v. Glen Theatre,
Inc., 501 U.S._____111 S.Ct. 2456, (June 21, 1991) which upheld the
rights of cities to prohibit live public exposure of a person'(s)
private parts, specifically applies to sexually oriented businesses
(regardless of whether or not a permit has been issued to said businesses
under this Chapter), including said businesses where no alcoholic
beverages are sold, served, or consumed at the premises.
(Ord. 333 § 1, 1993)
In addition to the criminal provisions found at other sections
of this Chapter, the following additional criminal provisions shall
also apply to sexually oriented businesses.
It shall be unlawful and a person commits a misdemeanor if he/she
operates or causes to be operated a sexually oriented business, regardless
of whether or not a permit has been issued for said business under
this Chapter, and said person knows or should know that:
(a)
The
business does not have a sexually oriented business permit under this
Chapter for any applicable classification;
(b)
The
business has a permit which is under suspension;
(c)
The
business has a permit which has been revoked; or
(d)
The
business has a permit which has expired.
(Ord. 333 § 1, 1993)
(a)
It
is a defense to prosecution for any violation of this Chapter that
a person appearing in a State of nudity did so in a modeling class
operated:
(1)
By a college, junior college, or university supported entirely or
partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or:
(3)
In a structure:
(i)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
(ii)
Where, in order to participate in a class a student must enroll
at least three days in advance of the class; and
(iii)
Where no more than one nude model is on the premises at any
one time.
(b)
It
is a defense to prosecution for a violation of this Chapter that an
employee of a sexually oriented business, regardless of whether or
not it is permitted under this Chapter, exposed any specified anatomical
area during the employee's bona fide use of a restroom, or during
the employees bona fide use of a dressing room which is accessible
only to employees.
(Ord. 333 § 1, 1993)
Violation of this Chapter shall be punishable in the manner Stated in Section 1.16.010 of the City's Municipal Code.
(Ord. 333 § 1, 1993)
The City and its designee, the Riverside County Sheriff's
Department and all other departments and agencies, and all other City
officer, agents and employees, charged with enforcement of State and
local laws and codes shall be immune from prosecution, civil or criminal,
for reasonable trespass upon a sexually oriented business while acting
within the scope of authority conferred by this Chapter.
(Ord. 333 § 1, 1993)
(a)
It
is unlawful for anyone to distribute, sell or offer for sale any device,
instrument or paraphernalia designed or marketed primarily for stimulation
of human genital organs or for sado masochistic use or abuse of themselves
or others.
(b)
Such
devices, instruments or paraphernalia include but are not limited
to; phallic shaped vibrators, dildo's, muzzles, whips, chains,
bather restraints, racks, non-medical enema kits, body piercing implements
(excluding earrings or other decorative jewelry) or other tools of
sado masochistic abuse.
(c)
A
violation of this Section is a misdemeanor punishable by a fine of
up to $1,000 and six months incarceration or both.
(Ord. 333 § 1, 1993)
If any section, subsection or clause of this Chapter shall be
deemed to be unconstitutional or otherwise invalid, the validity with
the remaining sections, subsections and clauses shall not be affected
thereby.
(Ord. 333 § 1, 1993)
