In addition to the definitions contained in this code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of this code, these definitions shall prevail:
"Adult arcade"
means any place to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors or other image-producing devices are maintained to show images on a regular or substantial base, where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
"Adult bookstore"
means an establishment having as a regular and substantial portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."
"Adult booth/individual viewing area"
means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
1. 
Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas";
2. 
Where a live or taped performance by an adult cabaret dancer is presented or viewed;
3. 
Where adult arcade devices are located.
"Adult business"
means any business establishment or concern which as a regular and substantial course of conduct performs as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, adult model studio, adult motel or hotel, or sells or distributes adult merchandise or sexually oriented merchandise, or any other business or concern which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical parts," but not including those uses or activities which are preempted by state law.
"Adult cabaret"
means a nightclub, bar or other establishment (whether or not serving alcoholic beverages) which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Adult cabaret dancer"
means any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually-oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." Adult cabaret dancer does not include such a patron.
"Adult dance studio"
means any establishment or business which provides for members of the public a partner for dance where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Adult hotel/motel"
means a hotel or motel, as defined in this code, which is used for presenting on a regular and substantial basis material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" through closed circuit or cable television or through video tape recorder where video tapes are provided by the hotel/motel.
"Adult live entertainment"
means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which the performer or performers expose to public view, without opaque covering, "specified anatomical areas," or depicting, describing, or relating to "specified sexual activities" whether or not the specified anatomical areas are covered.
"Adult oriented merchandise"
means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, Ben Wa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.
"Adult theater"
means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting, on a regular and substantial basis, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Figure modeling studio"
means any establishment or business which provides for members of the public, the services of a live human model for the purpose of reproducing the human body, wholly or partially in the nude, by means of photograph, painting, sketching, drawing or other pictorial form.
"Material"
relative to adult businesses means and includes, but is not limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, and pamphlets, or any combination thereof.
"Performer"
means any person who is an employee or independent contractor of an adult business, and who, with or without any compensation or other form of consideration, performs adult live entertainment for patrons of an adult business. Performer does not include a patron.
"Residential zone"
means any property within the city which carries a zoning designation permitting the location of a residence, including R-1-A, R-1-B, R-1-C, R-2, R-3, R-4, R-5, R-6, R-7, MHP (mobile home park), and in the specific plan for La Habra Boulevard the designations of low density residential, medium density residential, high density and transitional residential/commercial. However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit. Residential shall also include any mixed uses designation or zone that is developed with residential units.
"Special needs housing"
means congregate housing, domestic violence shelters, homeless shelters, senior hotels, single room occupancy housing and transitional housing facilities as defined in Chapter 18.30 of this code.
"Specified anatomical areas"
means:
1. 
Less than completely and opaquely covered:
a. 
Human genitals, pubic region;
b. 
Buttock; or
c. 
Female breast below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
"Specified sexual activities"
means:
1. 
Human genitals in a state of sexual stimulation or arousal; and/or
2. 
Acts of human masturbation, sexual stimulation or arousal; and/or
3. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
4. 
Masochism, erotic or sexually-oriented torture, beating, or the infliction of pain; and/or
5. 
Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. 1719 § 1, 2010; Ord. 1803 § 3, 2019)
A. 
Subject to the limitations of this chapter, adult businesses may be located in the C-2 commercial zone; C-2S community shopping center zone; C-3 general commercial zone; PCI planned commercial-industrial zone; and M-1 manufacturing zone.
B. 
In those land-use districts where the adult businesses regulated by this chapter would otherwise be permitted uses, it is unlawful to establish any such adult business if the location is:
1. 
Within a two hundred seventy-five-foot radius of any residential zone. The distance between a proposed use and a residential zone shall be measured from property line to property line;
2. 
Within one hundred fifty feet of any other adult use regulated under this chapter. The distance between two adult uses shall be measured along the most direct route available for use by the public between the property line housing an adult facility and the closest point of the property line of any other regulated adult use under this chapter;
3. 
Within two hundred fifty feet of any source-sensitive uses including schools, churches, parks, day care facilities, special needs housing facilities. The distance between the proposed use and a source-sensitive use shall be measured from property line to property line from the proposed adult-use site to the source-sensitive site, along a straight line extended between the two points.
C. 
The establishment of any adult business shall include the opening of such a business as a new business, the relocation of the business, or the conversion of an existing business location to any adult business use.
(Ord. 1719 § 1, 2010)
A. 
No adult booth/individual viewing area shall be occupied by more than one individual at a time. This restriction shall not apply to an adult booth/individual viewing area where the performer or adult cabaret dancer is completely separated from the area in which the performer or adult cabaret dancer is viewed by an individual by a permanent, floor to ceiling, solid barrier. However, in the scenario where a permanent, floor to ceiling, solid barrier is in place, no performers or adult cabaret dancers shall be allowed to perform inside the portion of the adult booth/individual viewing area where the patron is located, nor can the area be occupied by more than one patron.
B. 
Each adult booth/individual viewing area within the adult business shall be visible from the manager's station(s) in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the interior of the adult booth/individual viewing area from a manager's station or stations located in the public portion of the establishment. A manager shall be stationed in each of the manager's station or stations at all times the business is in operation or open to the public.
C. 
No doors are permitted on an adult booth/individual viewing area.
D. 
No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
E. 
No beds shall be permitted in an adult booth/individual viewing area.
(Ord. 1719 § 1, 2010)
A. 
The operator shall not permit any doors on the premises to be locked during business hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.
B. 
Access to X-rated movies or video tapes shall be restricted to persons over eighteen years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents, or displays videos that have been rated "X" or rated "NC-17" by the motion picture rating industry (MPAA), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," said videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited.
(Ord. 1719 § 1, 2010)
A person shall not own, operate, manage, conduct or maintain an adult business without first having obtained a business license from the business license clerk. The issuance or denial of the business license shall be made within fifteen days of the applicant's submitted application.
(Ord. 1719 § 1, 2010)
A. 
All adult businesses shall have a responsible person who shall be at least eighteen years of age and shall be on the premises to act as manager at all times during which the business is open. The individual designated as the on-site manager shall be registered with the city's planning director by the owner to receive all complaints and be responsible for all violations taking place on the premises.
B. 
The adult business shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, security guards to patrol and monitor the parking lot areas.
(Ord. 1719 § 1, 2010)
A. 
It is unlawful for any operator of an adult business to allow such adult business to remain open for business, or to permit any performer or adult cabaret dancer 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 two a.m. and ten a.m. of any particular day.
B. 
It is unlawful for any performer or adult cabaret dancer of an adult business 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 two a.m. and ten a.m. of any particular day.
C. 
The hours of operation of any adult business which has a permit from the state ABC shall be governed by the provisions of its ABC permit and not by this section.
(Ord. 1719 § 1, 2010)
If the adult use business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the sexually oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and, with the exception of urination, that no persons engage in any specified sexual activity in the public portion of the restroom.
(Ord. 1719 § 1, 2010)
No person, association, partnership or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult business which offers adult live entertainment unless each and all of the following requirements are met:
A. 
It is unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult business which offers adult live entertainment to allow any person below the age of eighteen years upon the premises or within the confines of any adult business which offers adult live entertainment if no liquor is served, or under the age of twenty-one if liquor is served.
B. 
Intentionally omitted.
C. 
Intentionally omitted.
D. 
All employees of adult businesses which offer adult live entertainment, other than performers while performing on the permanently fixed stage, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.
E. 
All adult live entertainment shall occur on a permanently fixed stage which is at least eighteen inches above the level of the floor, and surrounded with a three-foot-high barrier or by a fixed rail at least thirty inches in height. A distance of at least four feet, measured horizontally, shall be maintained between patrons and on stage performers at all times during which said performer(s) are revealing specified anatomical areas and/or depicting or engaging in specified sexual activities. No on stage performer or on stage adult cabaret dancer shall have physical contact with any patron, and no patron shall have physical contact with any on stage performer or on stage adult cabaret dancer.
F. 
As to off-stage performances, no performer shall perform adult live entertainment characterized by the exposure of specified anatomical areas or engaging in specified sexual activities off stage. As to an adult cabaret dancer then performing off stage, a distance of at least two feet shall be maintained between the adult cabaret dancer and patron(s) at all times. As to off stage performances, no adult cabaret dancer shall have physical contact with any patron and no patron shall have physical contact with any adult cabaret dancer while the adult cabaret dancer is performing on the premises. This prohibition does not extend to incidental touching.
G. 
In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any live entertainment by such performer or adult cabaret dancer. Patrons shall be advised of the no-touching requirements by signs and, if necessary, by employees, performers or adult cabaret dancers of the establishment.
H. 
If patrons wish to pay or tip performers or adult cabaret dancers, payment or tips may be placed in receptacles. Patrons shall not throw monies to performers or adult cabaret dancers, hand monies directly to performers or adult cabaret dancers, place monies in the performers' or adult cabaret dancers' costumes or otherwise throw monies on the stage. Patrons shall be advised of these tipping and gratuity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.
I. 
The adult use business shall provide an entrance/exit to the premises for entertainers, which is separate from the entrance/exit used by patrons.
(Ord. 1719 § 1, 2010)
All areas of the adult business shall be illuminated at a minimum of 1.25 foot-candle, minimally maintained and evenly distributed at ground level.
(Ord. 1719 § 1, 2010)
A. 
No adult business may be established within the city by right. All persons wishing to establish an adult business within the city must apply for and receive a conditional adult use permit under this chapter.
B. 
It is the burden of the applicant to supply evidence to justify the grant of a conditional adult use permit.
C. 
Any person desiring to operate an adult business within the city shall file with the planning department a conditional adult use permit application on a standard application form supplied by the planning department.
(Ord. 1719 § 1, 2010)
A. 
The application must be signed by the owner or lessee. If the application is signed by anyone other than the owner, a notarized statement signed by the owner shall accompany the application. Proof of status is required.
B. 
Alternatively, the application is acceptable if signed by the applicant and co-signed by the property owner or tenant. Proof of status is required.
C. 
The application shall include the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.
D. 
The application shall list the legal form of the applicant; e.g., individual, partnership, corporation:
1. 
If the applicant is an individual, the application shall list his or her legal name, any aliases and date of birth;
2. 
If the applicant is a partnership, the application shall list the full and complete name of the partnership, the legal names of all partners, dates of birth, and all aliases used by all of the partners, whether the partnership is general or limited; and
3. 
If the applicant is a corporation, the application shall list the full and complete corporate name, the date and status of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth, and all aliases used, the capacity of all officers, directors and principal stockholders (i.e., all stockholders with ten percent or more of all outstanding shares), and the name and address of the registered officer for service of process.
E. 
The application must list whether, preceding the date of application, the applicant or any of the individuals listed pursuant to subsection D of this section, has:
1. 
Had a previous permit under this chapter revoked, as well as the date of such revocation;
2. 
Whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this chapter has been revoked, as well as the date of the revocation;
3. 
Whether the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.
F. 
The application must include the address of the proposed site, including the assessor's parcel number and the complete legal description of the property.
G. 
The application must include a detailed description of the proposed use, including reference to definitions in this chapter.
H. 
The application must include fourteen blue line prints of a plot plan indicating all structures, existing or proposed, parking areas, landscaping, walls, driveways and curb-cuts, signs, easements, topographical features, and any other pertinent items necessary to make a determination.
I. 
The application must include fourteen blue line prints showing all four elevations of any proposed structures and listing proposed exterior building materials. One set of elevation prints shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed and no structural changes are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.
J. 
All applicants for a conditional adult use permit must also fill out the city's environmental package for purposes of complying with the California Environmental Quality Act (CEQA).
(Ord. 1719 § 1, 2010)