A. 
It is the purpose of this chapter to regulate adult entertainment establishments to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment establishments within the City. The provisions of this chapter do not have the purpose of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is not the intent 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 of this chapter to condone or legitimize the distribution of obscene material.
(Ord. 2010-1110 § 2)
For the purpose of this chapter, "adult entertainment establishment" shall mean the activities listed in Section 8.92.010 or an "adult arcade" as defined in this section.
"Adult arcade"
means a business establishment to which the public is permitted or invited and wherein coin, cash, card or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices are maintained to show images on a regular or substantial basis, where images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specific sexual activities or specific anatomical areas. Such devices shall be referred to as adult arcade devices.
"Controlling interest"
means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20% or more of any class of voting securities of a business. The ownership, control, or power to vote 20% or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.
"Distinguished or characterized by an emphasis upon"
means the dominant or principal 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 exhibition or description of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description "specified anatomical areas" or "specified sexual activities."
"Employ, employee, and employment"
describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises. This definition is provided solely for interpreting this chapter.
"Establish" or "establishment"
means and includes any of the following:
1. 
The opening or commencement of any adult entertainment establishment as a new business;
2. 
The conversion of an existing business, whether or not an adult entertainment establishment, to any adult entertainment establishment;
3. 
The addition of any adult entertainment establishment to any other existing adult entertainment establishment; or
4. 
The relocation of any adult entertainment establishment.
"Hearing Officer"
means the person selected by the City Manager to conduct an administrative hearing pursuant to the provisions of this code.
"Nudity" or "state of nudity"
means the showing of the human male or female genitals, pubic area, vulva, penis, anal cleft or cleavage with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any part of the nipple.
"Operate" or "cause to operate"
means to cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of an adult entertainment establishment who is authorized to exercise overall operational control of the establishment or who causes to function or who puts or keeps in operation the establishment. A person may be found to be operating or causing to be operated an adult entertainment establishment whether or not that person is an owner, part owner, or licensee of the establishment.
"Regularly features" or "regularly shown"
means a consistent and substantial course of conduct, such that the sexually explicit films or seminude performances exhibited constitute an ongoing and intentional objective of the business and are promoted as such.
"Semi-nude" or "semi-nudity"
means a state of dress in which opaque clothing covers no more than the genitals, penis, anal cleft, cleavage, pubic area, vulva and nipple of the female breast as well as portions of the body covered by supporting straps or devices.
"Specified criminal activity"
means any of the following offenses:
1. 
Any sexual offense punishable as a felony, described in Penal Code Sections 261 through 269; any offense involving obscene material punishable as a felony, described in Penal Code Sections 311.1 through 311.12; any offense for keeping, maintaining or participating in a house of prostitution as described in Penal Code Sections 315, 316, 318; any offense for soliciting, agreeing to engage in or engaging in an act of prostitution as described in Penal Code Section 647(b); any felony offense requiring registration under Penal Code Section 290 except for Penal Code Section 314; sale of any controlled substance on Schedules I through V of the Health and Safety Code or any other felony involving moral turpitude; criminal attempt, conspiracy, solicitation to commit any of the foregoing offenses; or offenses committed in another jurisdiction which, had the predicate acts been committed in California, would constitute any of the specified offenses or criminal attempt, conspiracy or solicitation to commit any of the specified offenses; for which:
a. 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. 
Less than five years have elapsed since the date of conviction, or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
c. 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
2. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
"Transfer of ownership or control"
of an adult entertainment establishment means any of the following:
1. 
The sale, lease, or sublease of the establishment;
2. 
The transfer of securities which constitute a controlling interest in the establishment, whether by sale, exchange, or similar means; or
3. 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the establishment, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
"Viewing room"
means the room, booth, area or partitioned or partially enclosed portion of an adult arcade 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 adult arcade devices are located.
(Ord. 2010-1110 § 2)
A. 
It is unlawful for any owner, operator, manager or employee of an adult entertainment establishment to allow the establishment to remain open for business between the hours of 2:00 a.m. and 6:00 a.m. of any day.
B. 
No owner, operator, manager, or employee of any adult entertainment establishment may allow the premises to be used for the purpose of conducting a private club between the hours of 2:00 a.m. and 6:00 a.m.
(Ord. 2010-1110 §2)
A. 
It is unlawful for any person under 18 years of age to enter, be present in or remain in any adult entertainment establishment. It is also unlawful for an adult entertainment establishment owner, operator, manager, or employee to allow any person under 18 years of age to enter, be present in or remain in any adult entertainment establishment if the owner, operator, manager, or employee knows or reasonably should have known that the person was under 18 years old.
B. 
Every owner, operator, manager, and employee of an adult entertainment establishment shall ensure that all exterior windows and doors of an adult entertainment establishment shall be solid and opaque so as to prevent visibility at all times from outside the structure into the interior of the entertainment establishment.
(Ord. 2010-1110 § 2)
A. 
Each adult arcade shall prepare and maintain an accurate diagram of the interior of the adult entertainment establishment in which the adult arcade is located showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the establishment in which patrons will not be allowed. Restrooms shall not contain video reproduction equipment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the establishment to an accuracy of plus or minus six inches. A legible copy of the diagram shall be conspicuously located within 10 feet of any entrance to or exit from the establishment to which customers have access.
B. 
A manager's station shall not exceed 40 square feet of floor area. It is the duty of any owner, operator, manager, and employee to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is inside the establishment. Each employee must ensure that there is a clear, unobstructed view, either by direct view from the manager's station or by fully functional and operational video monitoring equipment at the manager's station, of all methods of ingress and egress to or from any booth.
(Ord. 2010-1110 § 2)
No person shall own, operate, manage, or be an employee of an adult entertainment establishment wherein which the width of any adjacent corridor to a viewing room is less than 44 inches. Each viewing room shall be bordered by an adjacent corridor on the side containing the viewing room's entrance. A viewing room in which the width of any adjacent corridor is nonconforming and is not in full compliance with approved plans on file with the City before the effective date of the ordinance codified in this chapter shall be remodeled or rebuilt or new booths constructed to comply with the California Building Code within 180 days from the effective date of the ordinance codified in this chapter.
(Ord. 2010-1110 § 2)
A. 
It is unlawful for any person to own, operate, manage, or be the employee of an adult entertainment establishment which is or contains an adult arcade unless there are at least two doorways that are each a minimum of 80 inches tall and 36 inches wide in each room where a viewing room booth is located. The doorway shall provide ingress or egress from any room unless the Building Official and Fire Marshal determine that one doorway is sufficient. Every owner, operator, manager, and employee shall ensure that doorways are unlocked during business hours.
B. 
A nonconforming adult arcade booth that is not in conformity with an approved design or modeling plan on file with the City shall be remodeled or rebuilt or new booths constructed to comply with the California Building Code within 180 days from the effective date of the ordinance codified in this chapter. No door, curtain, or obstruction of any kind shall exist or be installed within or near the entrance to an adult arcade show booth.
(Ord. 2010-1110 § 2; Ord. 2018-1177 §6)
A. 
Except for those viewing rooms described in Section 9.80.160, no person shall own, operate, manage, or be the employee of an adult entertainment establishment that is or contains an adult arcade unless the interior of each viewing room is a maximum of 15 square feet in floor area, with a minimum width and a minimum length of three feet.
B. 
Any owner, operator, manager, or employee shall ensure that a sign designed to ensure that it is easily readable by any reasonable consumer shall be maintained in a conspicuous location in each viewing room which reads as follows: "This booth is subject to inspection at any time. Patrons have no expectation of privacy in this room."
C. 
A sign designed to ensure that it is easily readable by any reasonable consumer shall be placed above the entrance to each viewing room which reads as follows: "Only one person may be present in an adult arcade booth at any one time."
D. 
The signs required by this section shall be at least six by eight inches in size and printed with dark ink on a light contrasting background with letters at least one quarter inch in height.
E. 
No person shall own, operate, manage, or be the employee of an adult entertainment establishment that is or contains an adult arcade unless each viewing room is square or rectangular in shape.
F. 
Each viewing room shall have an interlock mechanism on its door which prevents activation of the adult arcade device unless the viewing room door is closed and locked.
(Ord. 2010-1110 § 2)
A. 
No person shall operate an adult entertainment establishment in which the number of adult arcade devices exceeds the maximum occupancy load permitted in any room, viewing room, or partitioned portion of a room in which an adult arcade device is located. The maximum number of adult arcade devices permitted in any room, viewing room, or partitioned portion of a room in an adult entertainment establishment shall be conspicuously posted on a sign and shall remain posted at the entrance to the room. The signs shall comply with the requirements of Section 9.80.080.
B. 
No more than one person may be in any viewing room at any time. No owner, operator, manager, or employee shall allow more than one person to be in any viewing room at one time, nor may any owner, operator, manager, or employee allow seating facilities within any viewing room designed to accommodate more than one person.
(Ord. 2010-1110 § 2)
Every owner, operator, manager, or employee of an adult entertainment establishment shall ensure that all interior areas of any adult entertainment establishment shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level. It shall be the obligation of any owner, operator, manager, or employee to ensure that inoperable and/or broken lights shall be replaced within 24 hours.
(Ord. 2010-1110 § 2)
A. 
A viewing room entrance door or other covering and a wall on which a viewing room has its entrance shall extend downward no farther than 18 inches above the floor.
B. 
Nothing shall obstruct the ability of any person to view the entire interior of a viewing room through the gap between the entrance wall of a viewing room and the floor provided for in subsection A.
C. 
Every owner, operator, manager, and employee shall ensure full compliance with this section. A non-conforming adult arcade booth that is not in conformity with an approved design or modeling plan on file with the City shall be remodeled or rebuilt or new booths constructed to comply with the California Building Code within 180 days from the effective date of the ordinance codified in this chapter.
(Ord. 2010-1110 § 2)
A. 
A sign designed to ensure that it is easily readable by any reasonable consumer setting forth the following information shall be maintained in a conspicuous location in each viewing room:
"NOTICE: It is unlawful for this booth to be occupied by more than one person at any one time. This booth is subject to inspection at any time by management, peace officers, or other City officials. There is no expectation of privacy for any person entering or remaining inside this booth."
B. 
All signs required by this section shall be at least six by eight inches in size and be printed with dark ink upon a light contrasting background with letters at least one-quarter inch in height.
(Ord. 2010-1110 § 2)
No owner, operator, manager, or employee shall create, maintain, or allow any adult arcade booth with an aperture which may permit contact or communication between occupants of any two or more adult arcade booths.
There shall be a light or lighted sign on the exterior of each adult arcade booth which indicates whether the adult arcade device is in use and whether the booth is occupied.
(Ord. 2010-1110 § 2)
All walkways, aisles and hallways of adult entertainment establishments shall be maintained free of any obstruction such as a door, curtain, panel, board, slat, ribbon, cord, rope, chain or other device unless the area is out of service prior to or while being cleaned or repaired, in which case a sign shall indicate it is closed to all customers or persons.
(Ord. 2010-1110 § 2)
There shall be a system of monitoring all areas of the adult entertainment establishment open to the public, except restrooms, either by direct viewing or by a system of video monitoring which allows viewing of each monitored area at least every 60 seconds by the owner, operator, manager, or employee on the premises. Any owner, operator, manager, or employee shall ensure that this video monitoring service is being constantly monitored by an owner, operator, manager, or employee.
No person shall own, operate, manage, or be the employee of an adult entertainment establishment unless the complete interior of each viewing room is visible from the entrance to the viewing room while the door to the viewing room is open.
(Ord. 2010-1110 § 2)
Any viewing room built for use by a physically disabled person shall be clearly marked with a sign stating "Disabled Only." It is unlawful for any owner, operator, manager, or employee to allow such a viewing room to be used by any person other than a physically disabled person. It is unlawful for a person other than a person with a physical disability that requires the use of a larger viewing room to use such a viewing room. Any viewing room built for use by a physically disabled person may exceed the floor area requirements of this chapter.
(Ord. 2010-1110 § 2)
A. 
Every owner, operator, manager, or employee who is present while the establishment is open for business shall have the following duties:
1. 
To ensure that no patron is allowed access to any area of the establishment which has been designated as an area in which patrons will not be allowed in the application filed pursuant to this chapter.
2. 
To ensure that no "specified sexual activity" occurs in the establishment.
3. 
To require any patron to immediately leave the establishment upon discovering any person, including another owner, operator, manager, or employee, violating the provisions of this code or any other law.
4. 
To immediately secure and prevent any patron from entering any viewing rooms upon discovering an opening between viewing rooms.
B. 
Every owner, operator, manager, or employee shall also have the following additional duties:
1. 
To inspect or to ensure the inspection of the walls between viewing rooms for openings of any kind at least once each business day.
2. 
To conspicuously post or ensure the continuous, conspicuous posting of all the following signs designed to ensure that it is easily readable by any reasonable consumer in all entry areas of the establishment:
a. 
No loitering is allowed in viewing rooms;
b. 
Only one person is allowed in viewing rooms at a time;
c. 
Sexual activity on the premises is prohibited;
d. 
Making openings between viewing rooms is prohibited; and
e. 
Violators will be required to leave the premises and may be subject to prosecution.
3. 
To ensure that all surface areas in viewing rooms and all flooring in viewing areas and adjacent hallways are waterproof, non-porous, easily cleanable surfaces, with no rugs or carpeting.
4. 
To ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of or permanently covered by waterproof, non-porous, easily cleanable material.
5. 
To ensure that the establishment is clean and sanitary. These duties shall be deemed fulfilled if an owner, operator, manager, or employee complies with the following cleaning procedures:
a. 
The owner, operator, manager, or employee maintains a regular cleaning schedule of at least two cleanings per day, separated by at least eight hours, documented by written logs.
b. 
The owner, operator, manager, or employee checks all areas for garbage, trash, body fluids, and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business is collected from the premises for disposal at a lawful solid waste disposal facility at least once each week.
c. 
Thorough cleaning of the entire interior of any viewing room is done using a disinfectant. Cleaning shall include floors, walls, doors, seats, monitors, video cameras, and windows and other surfaces.
C. 
It is unlawful for any person having a duty under this section to fail to fulfill that duty.
(Ord. 2010-1110 § 2)
Adult entertainment establishment operators and adult entertainment establishment employees shall allow authorized officers or agents of the County and City to make reasonable inspections of the portions of the adult entertainment establishment premises at any time that any person is on the premises to ensure that the owner, operator, manager, all employees, and all patrons are complying with this chapter.
(Ord. 2010-1110 § 2)
A. 
No adult entertainment establishment other than an adult theater shall allow any person to exhibit nudity or to be semi-nude on the premises, and it is the duty of every owner, operator, manager, and employee to ensure compliance with this section.
B. 
No adult theater may be located at the same premises or in any place connected to any premises of any other adult business.
C. 
No adult entertainment establishment other than an adult theater may obtain an entertainment permit of any kind under this code.
(Ord. 2010-1110 § 2)