The intent of this chapter is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of sexually oriented/adult businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of sexually oriented/adult businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of sexually oriented/adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the sexually oriented/adult businesses.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sexually oriented/adult materials or to deny access by the distributors of sexually oriented/adult businesses to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Ord. 1238 § 1, 1995)
The following terms shall be defined as follows:
"Employee"
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 or said business. For purposes of this chapter, "employee" includes independent contractors.
"Nude or semi-nude model studio"
means any place where a person, who appears nude or semi-nude 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 others on a regular basis. Exempt from this definition are classes taught by instructors licensed by the state educational system.
"Semi-nude"
means a state of undress in which clothing covers no more than the genitals, pubic region, and areola of the breast, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter establishment"
means any 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 nude or semi-nude. The definition of sexually oriented/adult 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.
"Sexually oriented/adult bookstore"
means any establishment, which as a regular and substantial portion of its business, displays and/or distributes sexually oriented/adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. Alternatively, if a substantial portion of the stock in trade, revenue obtained from such matter or advertising is characterized by an emphasis on such matter it shall be considered a sexually oriented/adult bookstore.
"Sexually oriented/adult business"
means any business establishment or concern which as a regular and substantial course of conduct performs or operates as a sexually oriented/adult bookstore, sexually oriented/adult theater, sexually oriented/adult motion picture arcade, sexually oriented/adult cabaret, sexually oriented/adult motel/hotel, sexually oriented/adult motion picture theater, nude or semi-nude model studio, sexual encounter establishment, or sells or distributes sexually oriented/adult merchandise, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts but not including those uses or activities, the regulation of which is preempted by state law. "Sexually oriented/adult business" shall also include any establishment which as a regular and substantial course of conduct allows performers, models or employees to appear in any public place in lingerie.
"Sexually oriented/adult cabaret"
means a nightclub, bar, restaurant or similar establishment or concern which regularly features any type of live entertainment characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Sexually oriented/adult hotel/motel"
means a hotel or motel, which (1) as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; (2) rents, leases or lets any room for less than a ten-hour period, or rents, leases or lets any single room more than twice in a twenty-four-hour period.
"Sexually oriented/adult merchandise"
means sexually oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Sexually oriented/adult motion picture arcade"
means any business establishment or concern containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts on a regular basis.
"Sexually oriented/adult motion picture theater"
means a business establishment or concern which projects and presents on a regular basis motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Sexually oriented/adult theater"
means a theater, concert hall auditorium, or similar establishment which regularly features live performances which are characterized by an emphasis on matter depicting, describing or relating to specified anatomical parts or by specified sexual activities.
"Specified anatomical parts"
mean:
(1) 
Less than completely and opaquely covered human genitals; pubic hair; buttocks; natal cleft; perineum; anal region; pubic hair region; or female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a noticeably turgid state, even if completely and opaquely covered.
"Specified sexual activities"
means:
(1) 
Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, sapphism, urophilia, zooerastia, zoophilia; or
(2) 
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
(3) 
Use of human or animal ejaculation; or
(4) 
Fondling or erotic or sexually oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast; or
(5) 
Masochism; erotic or sexually oriented torture, beating or the infliction of pain; or
(6) 
Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
(7) 
Human excretion, urination, menstruation, vaginal or anal irrigation; or
(8) 
Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.
(Ord. 1238 § 1, 1995)
Person(s) who may be required to obtain a business license pursuant to the provisions of Title 5 of this code for any business establishment which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, as defined in this chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three years. Such records need not be kept if the licensee agrees that the business is subject to the sexually oriented/adult business permit provisions.
No person required to keep records under this section shall refuse to allow authorized representatives of the police department or the code enforcement officer to examine said records at reasonable times and places.
(Ord. 1238 § 1, 1995)
It is unlawful for any person or entity to operate, engage in, conduct or carry on any sexually oriented/adult business within the city unless the owner of said business first obtains, and continues to maintain in full force and effect, both a sexually oriented/adult business permit and a business license from the city for such business.
(Ord. 1238 § 1, 1995)
The owner of the proposed sexually oriented/adult business shall be the only person eligible to obtain a sexually oriented/adult business permit.
(Ord. 1238 § 1, 1995)
The following information and items shall be submitted to the license collector by the owner at the time of applying for a sexually oriented/adult business permit:
(a) 
A completed sexually oriented/adult business permit application form signed by (1) the owner of the proposed sexually oriented/adult business, and (2) either the record owner of the property (or the authorized agent of the record owner) or, if the business premises are subleased to the applicant business, the sublessor of the premises, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief;
(b) 
A nonrefundable deposit or processing fee and a permit administration fee in the amount set by resolution of the city council;
(c) 
A site plan designating the building and/or unit proposed for the sexually oriented/adult business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;
(d) 
All other information required by the license collector pursuant to the sexually oriented/adult business permit information sheet.
(Ord. 1238 § 1, 1995)
The license collector shall immediately submit the application to police, fire and planning for investigation and shall, within thirty city business days of the filing of a complete permit application, approve and issue the sexually oriented/adult business permit if the requirements of this chapter have been met; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of the transmission with the United States Postal Service within three city business days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. The decision of the license collector shall be final, except as provided in Chapter 4.04.
(Ord. 1238 § 1, 1995)
The license collector shall approve and issue a sexually oriented/adult business permit if the application and evidence submitted shows that:
(a) 
The sexually oriented/adult business is proposed to be located in a zone or specific plan area permitting the proposed use and complies with other distancing restrictions, if any apply thereto.
(b) 
The sexually oriented/adult business will not be located, in whole or in part, within any portable structure.
(c) 
The sexually oriented/adult business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.
(d) 
The sexually oriented/adult business will not conduct any massage, acupuncture, tattooing, acupressure or escort services and will not allow such activities on the premises.
(e) 
Any sexually oriented/adult business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements:
At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Fountain Valley police department and code enforcement officer of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of the state and Chapter 4.08 of this code. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while security guard.
(f) 
Landscaping shall conform to the standards established for the specific plan or zone.
(g) 
The entire exterior grounds, including the parking lot, shall be lighted in accordance with city standards for such uses.
(h) 
The premises within which the sexually oriented/adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other separate unit within the same building.
(i) 
No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
(j) 
Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
(k) 
Signage shall conform to the standards applicable to the specific plan or zone and (1) such signs shall be limited to the business name and the street address and (2) the notice required by this chapter shall be posted on the entrance door to the premises.
(l) 
All indoor areas of the sexually oriented/adult business within which patrons are permitted, except restrooms, shall be open to view at all times.
(m) 
Except as specifically provided in this chapter, the sexually oriented/adult business shall comply with the specific plan, zoning, parking, development and design standards applicable to the zone in which the business is located.
(n) 
No sexually oriented/adult material or sexually oriented/adult merchandise will be displayed in such manner as to be visible from any location other than within the premises occupied by the sexually oriented/adult business.
(o) 
No person under the age of eighteen years shall be permitted within the premises at any time.
(p) 
The sexually oriented/adult business shall not operate or be open between the hours of nine p.m. and eleven a.m. The foregoing shall not apply to sexually oriented/adult hotels.
(q) 
The sexually oriented/adult business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities.
The restrooms shall be free from all sexually oriented/adult materials and sexually oriented/adult merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a sexually oriented/adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sexually oriented/adult bookstore, and which does not provide restroom facilities to its patrons or the general public.
(r) 
Except as otherwise required by law for sexually oriented/adult motion picture theaters, and except as provided with regard to sexually oriented/adult motion picture arcades, and with regard to sexually oriented/adult businesses providing live entertainment, all areas of the sexually oriented/adult business accessible to patrons shall be illuminated at least to the extent of twenty footcandles, minimally maintained and evenly distributed at ground level.
(s) 
The following additional regulations shall pertain to sexually oriented/adult motion picture arcades which provide more than one viewing area:
Upon application for a sexually oriented/adult 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. The diagram shall also designate the place at which the sexually oriented/adult business permit and city business license will be conspicuously posted. Each diagram shall be oriented to the north or to some designated street or object and shall 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 license collector shall waive the foregoing diagram for renewal applications if the owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
No alteration in the physical layout depicted in the diagram may be made without the prior approval of the license collector. It is the duty of the owner(s) 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.
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. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area in which patrons will not be permitted in the application.
No individual viewing area may be occupied by more than one person at any one time.
"Individual viewing area" means a viewing area designed for occupancy by one person. Individual viewing areas of the sexually oriented/adult business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas or between an individual viewing area and any restroom. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than ten foot-candles as measured at the floor level.
It shall be the duty of the owner(s) and it shall also be the duty of all 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.
(t) 
The following additional regulations shall pertain to sexually oriented/adult businesses providing live entertainment depicting specified anatomical parts or involving specified sexual activities:
No person shall perform live entertainment for patrons of a sexually oriented/adult business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.
The sexually oriented/adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainer's use.
The sexually oriented/adult business shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.
The sexually oriented/adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented/adult business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.
No waiter, waitress, entertainer or other person employed on the premises shall violate the provisions of Chapter 8.48 of this code while on the premises.
Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty footcandles as measured at the floor level.
(u) 
Licensee shall agree by signing the license that he/she/it will indemnify, defend and hold the city harmless from any and all claims or liability that may arise out of city's granting of such license or arising out of the operation of the sexually oriented/adult business.
(v) 
The application shall be sworn to be true and correct by the owner under penalty of perjury.
(w) 
The foregoing applicable requirements of this section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the sexually oriented/adult business permit issued pursuant to this chapter.
(x) 
Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the sexually oriented/adult business permit.
(Ord. 1238 § 1, 1995)
(a) 
It shall be a misdemeanor for any person under the age of eighteen or any obviously intoxicated person to enter or remain on the premises of a sexually oriented/adult business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sexually oriented/adult business.
(b) 
It shall be a misdemeanor for any person having responsibility for the operation of a sexually oriented/adult business, to allow any person under the age of eighteen years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a sexually oriented/adult business has knowledge that the person is under the age of eighteen years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this section, the holder of a sexually oriented/adult business permit, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business.
(Ord. 1238 § 1, 1995)
A sexually oriented/adult business permit shall be valid for a period of one year from the date of permit approval.
(Ord. 1238 § 1, 1995)
A sexually oriented/adult business permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirements that the sexually oriented/adult business is operated in compliance with all applicable provisions of the chapter. A request for permit renewal must be accompanied by a sexually oriented/adult business permit application, completed in full detail with current information, and payment of the renewal processing fee in the amount set by ordinance or resolution of the city council. If the application conforms to the previously approved application and the sexually oriented/adult business has not changed, the permit shall be renewed by the license collector for another year. Notice of such renewal, or denial, shall be given, in writing, to the permittee within thirty city business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the sexually oriented/adult business will require a new application to be processed in the same manner as the original application.
(Ord. 1238 § 1, 1995)
No sexually oriented/adult business permit shall be sold, transferred or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. A sexually oriented/adult business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the sexually oriented/adult business from one type of sexually oriented/adult business use to another type of sexually oriented/adult business use shall also render the permit null and void. A sexually oriented/adult business permit shall be valid only for the exact location specified in the permit.
(Ord. 1238 § 1, 1995)
(a) 
The permit holder shall allow officers of the city and their authorized representatives to conduct unscheduled inspections of the premises of the sexually oriented/adult business for the purpose of ensuring compliance with the law at any time the sexually oriented/adult business is open for business or is occupied. The license collector shall revoke a sexually oriented/adult business permit when:
(1) 
Any of the applicable requirements contained in Section 4.37.080 ceases to be satisfied;
(2) 
The application is discovered to contain incorrect, false or misleading information;
(3) 
The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sexually oriented/adult business is located which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290 or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
(4) 
If, on two or more occasions within a twelve-month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth above as a result of such person's activity on the premises or property on which the sexually oriented/adult business is located, and the person or persons were employees, contractors or agents of the sexually oriented/adult business at the time the offenses were committed;
(5) 
If the permit holder or an employee has permitted or allowed prostitution or any criminal conduct on the premises; or
(6) 
The sexually oriented/adult business has been operated in significant violation of any of the requirements of this chapter or the permit issued.
(b) 
As an alternative to revocation, the permit holder may be required to install video cameras if it is determined by the chief of police that such requirement would eliminate the violations.
(Ord. 1238 § 1, 1995)
(a) 
Each individual to be employed in a sexually oriented/adult business, 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 set by separate resolution. Said fee is to cover reasonable administrative costs of the licensing application process. Masseuses are not required to have such a permit but are required to obtain a massage technician permit in accordance with Chapter 4.40 or superseding ordinance.
(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 license collector or his or her 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;
(8) 
Acceptable written proof that the individual is at least eighteen 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 police 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, the date, the name of the issuing or denying jurisdiction, and the full reasons for the denial, revocation or suspension shall be stated. A copy of any order of denial, revocation or suspension shall be attached to the application; and
(11) 
Whether the applicant has been convicted of a "specified criminal act" as defined in Section 4.37.130 of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
(c) 
The license collector or designee shall refer the sexually oriented business employee license application to the police department for an investigation to be made of such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the license collector or his or her designee shall issue a license unless the report from the police department finds that one or more of the following findings is true:
(1) 
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 police department or other department of the city;
(2) 
That the applicant is under eighteen years of age;
(3) 
That the applicant has been convicted of a "specified criminal act" as defined in Section 4.37.130 of this chapter;
(4) 
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;
(5) 
That the applicant has had a sexually oriented business employee license revoked by the city within five years of the date of the current application;
(6) 
That the applicant has had a similar permit or license revoked by another jurisdiction within five years of the date of the application.
(d) 
Renewal of License.
(1) 
A license granted pursuant to this section shall be subject to annual renewal by the license collector or designee upon the written application of the applicant and a finding by the city manager or designee and the police department that the applicant has not been convicted of any "specified criminal act" as defined in Section 4.37.130 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.
(e) 
For purposes of this section, each person meeting the definition of "employee" in Section 4.37.020 shall comply with the requirements of this section.
(f) 
A sexually oriented/adult business employee license may be revoked if the licensee significantly violates any provision of this chapter or the terms of the sexually oriented/adult business permit. The license may also be revoked for any conduct that would have caused a denial in the first instance.
(Ord. 1238 § 1, 1995)
Any person aggrieved by a decision rendered pursuant to this chapter may have a hearing and an appeal of said decision pursuant to the provisions of Sections 4.04.115 and 4.04.120 or successor ordinance, but shall be entitled to a prompt final determination and the availability of prompt judicial review unless waived by the appellant.
(Ord. 1238 § 1, 1995)
No person shall operate a sexually oriented/adult business without a permit, operate such business in violation of the terms of the permit including any diagram or attachment made a part thereof, or operate such a business other than in a proper and approved location for such a business. No person shall perform any service or entertainment for which a sexually oriented/adult business employee permit is required without such a permit. No person shall violate any provision of this chapter. Violations shall be punished as provided in Section 4.04.170 of this code.
(Ord. 1238 § 1, 1995)
The city council does determine that businesses and persons that operate in violation of this chapter or any permit or license issued hereunder are a public nuisance and authorize the filing of an injunctive action to abate the same.
(Ord. 1238 § 1, 1995)
The remedies set forth herein are cumulative and not mutually exclusive and all legal and equitable remedies, civil and criminal, shall be available to enforce the provisions of this chapter.
(Ord. 1238 § 1, 1995)