Note: Prior ordinance history: Ord. 725.
A.
It is
the intent of this chapter to regulate adult entertainment businesses
in order to promote the health, safety, morals, and general welfare
of the citizens of the unincorporated areas of the county.
B.
The
regulation of these businesses is necessary to prevent serious, undesirable,
secondary side effects on the communities in the unincorporated area.
These secondary side effects include, but are not limited to, the
following: decreased property values, deterioration of neighborhoods,
increases in vacancy rates in residential and commercial areas, increases
in incidences of criminal activity, increases in litter, noise, and
the interference with residential property owners' enjoyment of their
property in the vicinity of such businesses.
C.
Further,
it is the intent of this chapter to prevent these adverse community
impacts which can be brought about by the concentration of adult entertainment
businesses in close proximity to each other or in proximity to other
incompatible uses such as schools for minors, churches, parks, and
residential uses. It has been demonstrated in various communities
that the concentration of adult entertainment businesses causes adjacent
businesses and residents to move elsewhere. It is, therefore, the
purpose of this chapter to establish reasonable and uniform regulations
to prevent the concentration of adult entertainment businesses or
their close proximity to incompatible uses, while permitting the location
of adult businesses in certain areas.
D.
The
provisions of this chapter have neither the purpose nor the 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 this chapter to condone or legitimize the distribution of
obscene material.
(Ord. 1634 § 1, 1999)
means an establishment where, for any form of consideration,
one or more still or motion picture projectors, slide projectors,
or similar machines, for viewing by five or fewer persons each, are
used to show films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions 30% or more
of the number of which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
means an establishment that has 30% or more of its stock
in books, magazines, periodicals or other printed matter or of photographs,
films, motion pictures, video cassettes, slides, tapes, records or
other form of visual or audio representations which are characterized
or distinguished by an emphasis upon the depiction or description
of specified sexual activities and or specified anatomical areas.
means a nightclub, restaurant, or similar business establishment
which regularly features live performances 30% or more of the number
of which are characterized by an emphasis upon the display of specified
anatomical areas or specified sexual activities, or films, computer-generated
images, motion pictures, video cassettes, slides, or other photographic
reproductions 30% or more of the number of which are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
means an adult arcade, adult bookstore, adult cabaret, adult
hotel/motel, adult motion picture theater, adult theater, escort bureau
or modeling studio as further defined in this section. An AEB is established
by the opening or commencement of any AEB as a new business; the conversion
of any existing business to any AEB defined herein; the addition of
any AEB defined herein to any other existing AEB; or the relocation
of any such AEB.
means a person who supervises, manages, inspects, directs,
organizes, controls or in any other way is responsible for or in charge
of the premises of an adult entertainment business or the conduct
or activities occurring on the premises thereof.
means a hotel or motel or similar business establishment
offering public accommodations for any form of consideration which,
(1) provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes,
slides, or other photographic reproductions 30% or more of the number
of which are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; and
(2) rents, leases, or lets any room for less than a six-hour period,
or rents, leases, or lets any single room more than twice in a 24
hour period.
means a business establishment where for any form of consideration,
films, computer-generated images, motion pictures, video cassettes,
slides or similar photographic reproductions are shown, and 30% or
more of the number of which are characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas.
means a theater, concert hall, auditorium, or similar establishment
which, for any form of consideration features live performances 30%
or more of the number of which are characterized by an emphasis on
the display of specified anatomical areas or specified sexual activities.
means a person who is required to file an application for
a permit under this chapter, including an individual owner, managing
partner, officer of a corporation, or any other operator, manager,
employee, or agent of an AEB.
means any commercial establishment licensed by the State
Department of Alcoholic Beverage Control to serve any alcoholic beverages
on the premises.
means a structure used primarily for religious worship and
related religious activities.
means the dominant or essential theme of the object described
by such phrase. For instance, when the phrase refers to films "which
are distinguished or characterized by an emphasis upon" the
depiction or description of specified sexual activities or specified
anatomical areas, the films so described are those whose dominant
or predominant character and theme are the depiction of the enumerated
sexual activities or anatomical areas.
means any person who is an employee or independent contractor
of the AEB, or any person who, with or without any compensation or
other form of consideration, performs live entertainment for patrons
of an AEB.
means a person who, for pecuniary compensation, monetary
or other consideration, hire or reward, (1) escorts or accompanies
others to or about social affairs, entertainment or places of amusement,
or (2) keeps company with others about any place or public resort
or within any private quarters, or (3) who agrees or offers to privately
model lingerie or to privately perform a striptease for another person,
or (4) who agrees to provide any service which is distinguished or
characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities.
means a business which, for pecuniary compensation, consideration,
hire or reward furnishes or offers to furnish escorts.
means any person who, for pecuniary compensation, consideration,
hire or reward, poses in a modeling studio to be observed, sketched,
painted, drawn, sculptured, photographed or otherwise depicted.
means a business which provides, for pecuniary compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas to be observed, sketched, photographed, painted,
sculpted or otherwise depicted by persons paying such consideration.
"Modeling studio" does not include schools maintained
pursuant to standards set by the State Board of Education. "Modeling
studio" further does not include a studio or similar facility
owned, operated, or maintained by an individual artist or group of
artists, and which does not provide, permit, or make available specified
sexual activities.
means the showing of the human male or female genitals, pubic
area, or buttocks with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of the covered male genitals in
a discernible turgid state.
means the supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult entertainment business or activities
within an adult entertainment business.
means the person to whom an adult entertainment business
permit is issued.
means any individual, partnership, copartnership, firm, association,
joint stock company, corporation, or combination of the above in whatever
form or character.
means a regular and substantial course of conduct. The fact
that live performances which are distinguished or characterized by
an emphasis upon the display of specified anatomical areas or specified
sexual activities occurs on two or more occasions within a 30 day
period; three or more occasions within a 60 day period; or four or
more occasions within a 180 day period, shall to the extent permitted
by law be deemed to be a regular and substantial course of conduct.
means any child or day care facility, or an institution of
learning for minors, whether public or private, offering instruction
in those courses of study required by the California Education Code
and maintained pursuant to standards set by the State Board of Education.
This definition includes a nursery school, kindergar-ten, elementary
school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a vocational or
professional institution of higher education, including a community
or junior college, college, or university.
means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
means the Sheriff of the county of Merced or the authorized
representative thereof.
means: (1) less than completely and opaquely covered human
(a) genitals or pubic region; (b) buttocks; and (c) female breast
below a point immediately above the top of the areola; or (2) human
male genitals in a discernibly turgid state, even if completely and
opaquely covered.
means: (1) the fondling or other erotic touching of human
genitals, pubic region, buttocks, anus, or female breast; (2) sex
acts, actual or simulated, including intercourse, oral copulation,
or sodomy; (3) masturbation, actual or simulated; or (4) excretory
functions as part of or in connection with any of the other activities
described in subdivision (1) through (3) of this subsection.
(Ord. 1634 § 1, 1999)
A.
It is
unlawful for any person to engage in, conduct or carry on, or to permit
to be engaged in, conducted or carried in unincorporated area of Merced
County, the operation of an AEB unless the person first obtains and
continues to maintain in full force and effect an AEB regulatory permit
from the sheriff.
B.
It is
unlawful for any owner, operator, manager, or permittee in charge
of or in control of an AEB to allow any person to perform adult entertainment
who is not in possession of a valid, unrevoked AEB performer permit.
C.
It is
unlawful for any persons to engage in or participate in any live performance
depicting specified anatomical areas or involving specified sexual
activities in an adult entertainment business unless the person first
obtains and continues in full force and effect an AEB performer permit
from the sheriff.
D.
No permittee
or operator of an escort service shall allow or permit a person to
act as an escort for such service unless such person possesses a valid
escort permit under the provisions of this chapter. It shall be the
responsibility of the permittee and the operator to ensure that each
such person employed as an escort shall first have obtained a valid
permit pursuant to this chapter.
E.
No person
shall act as an escort unless an escort permit is first obtained.
F.
No permittee
or operator of a model studio shall allow or permit a person to act
as a figure model for such studio unless the person possesses a valid
figure model permit under the provisions of this chapter. It shall
be the responsibility of the permittee or operator to ensure that
each such person employed as a figure model shall first have obtained
a valid permit pursuant to this chapter.
G.
No person
shall act as a figure model in a modeling studio unless a figure model
permit is first obtained.
H.
No AEB
shall be established or located in any zone other than light manufacturing
(M-1) or general manufacturing (M-2); provided further, that the AEB
shall not be located within 1,000 feet of any park, church, school,
other AEB, residential zone or dwelling unit in the general agricultural
(A-1) Zone.
(Ord. 1634 § 1, 1999)
Application requirements shall require documentation as per
the most current AEB resolution adopted by the board of supervisors.
(Ord. 1634 § 1, 1999)
A.
If the
sheriff determines that the applicant has completed the application
for the respective permit improperly, the sheriff shall promptly notify
the applicant of such fact and, on request of the applicant, grant
the applicant an extension of time of 10 days or less to complete
the application properly. In addition, the applicant may request an
extension, not to exceed 10 days, of the time for the sheriff to act
on the application. The time period for granting or denying a permit
shall be stayed during the period in which the applicant is granted
an extension of time.
B.
Upon
receipt of a completed application and payment of the application
and permit fees, the sheriff shall immediately stamp the application
as received and promptly investigate the information contained in
the application to determine whether the applicant shall be issued
a permit.
C.
Within
30 days of receipt of the completed application, the sheriff shall
complete the investigation, grant or deny the application. The sheriff
shall write or stamp "Granted" or "Denied"
on the application and date and sign such notation.
D.
If the
application is denied, the sheriff shall attach to the application
a statement of the reasons for denial. The application as granted
or denied and the permit, if any, shall be placed in the United States
mail, first class postage prepaid, addressed to the applicant at the
address stated in the application.
E.
If the
sheriff grants the application or if the sheriff neither grants nor
denies the application within 30 days after it is stamped as received,
the applicant may begin operating for the purpose for which the permit
was sought, subject to strict compliance with the standards and requirements
of this chapter.
(Ord. 1634 § 1, 1999)
A.
All
permits granted under this chapter shall expire one year from the
date of issuance, and may be renewed only by filing with the sheriff
a written request for renewal, accompanied by the annual permit fee
and a copy of the permit to be renewed. The request for renewal shall
be made at least 30 days before the expiration date of the permit.
When made less than 30 days before the expiration date, the expiration
of the permit will not be stayed.
B.
A permittee
shall not transfer ownership or control of an AEB or transfer an AEB
regulatory permit to another person unless and until the transferee
obtains an amendment to the permit from the sheriff stating that the
transferee is now the permittee. Such an amendment may be obtained
only if the transferee files an application with the sheriff and pays
a transfer fee in an amount set by the current board AEB resolution.
The sheriff grants the transfer pursuant to the same criteria as for
the prior permit.
(Ord. 1634 § 1, 1999)
A.
The
sheriff shall deny the AEB regulatory permit for violation of the
building, structure, equipment, or location used by the business in
meeting requirements and standards of the health, zoning, fire and
safety laws of the county and the state of California, or with the
locational or development and performance standards and requirements
of these regulations.
B.
The
sheriff shall deny any permits for any of the following reasons:
1.
The
applicant, his or her employee, agent, partner, director, officer,
shareholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a permit
as required by this chapter;
2.
The
applicant is under 18 years of age;
3.
The
permit is to be used for performing in a business prohibited by state
or county law;
4.
The
applicant has been registered in any state as a prostitute;
5.
The
applicant has been convicted of any of the offenses enumerated in
the most current board AEB resolution or convicted of an offense outside
the State of California that would have constituted any of the described
offenses if committed within the State of California. A permit may
be issued to any person convicted of the described crimes if the conviction
occurred more than five years prior to the date of the application;
6.
That
the applicant has had an "escort" or "figure model"
permit denied or revoked for cause by the county within the last five
years.
C.
The
sheriff may suspend or revoke any approved permits for any of the
following reasons:
2.
The
permittee, employee, agent, partner, director, stockholder, manager
or performer of an AEB has knowingly allowed, permitted or engaged
in, and has failed to make a reasonable effort to prevent the occurrence
of any of the following on the premises of the AEB:
a.
Any act of unlawful sexual intercourse, sodomy, oral copulation,
or masturbation,
b.
Use of the establishment as a place where unlawful solicitations
for sexual intercourse, sodomy, oral copulation, or masturbation openly
occur,
c.
Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code,
d.
The occurrence of acts of lewdness, assignation, or prostitution,
including any conduct constituting violations of Sections 315, 316,
or 318 or subdivision b of Section 647 of the California Penal Code,
e.
Any act constituting a violation of provisions in the California
Penal Code relating to obscene matter or distribution of harmful matter
to minors, including but not limited to Sections 311 through 313.4,
f.
Any conduct prohibited by this chapter;
3.
Failure
to abide by any disciplinary action previously imposed by an appropriate
county official.
D.
Suspension
and Revocation Procedures.
1.
The
hearing notice shall be mailed, postage prepaid, addressed to the
last known address of the permittee, or shall be delivered to the
permittee personally, at least 10 days prior to the hearing date.
2.
Hearings
shall be conducted in accordance with procedures established by the
sheriff. All parties involved shall have a right to offer testimonial,
documentary, and tangible evidence bearing on the issues; may be represented
by counsel; and shall have the right to confront and cross-examine
witnesses. Any relevant evidence may be admitted that is the sort
of evidence upon which reasonable persons are accustomed to rely in
the conduct of serious affairs. Any hearing under this subsection
may be continued or a reasonable time for the convenience of a party
or a witness.
3.
After
holding the hearing in accordance with the provisions of this subsection,
if the sheriff finds and determines that there are grounds for disciplinary
action, based upon the severity of the violation, the sheriff shall
impose one of the following:
E.
Appeal
Provisions. After permit denial, suspension or revocation, the applicant
or person to whom the permit was granted may seek review of such administrative
action by the board of supervisors by filing a writ-ten appeal with
the board clerk within 10 days of the mailing of the decision. The
board of supervisors shall hear the appeal at the next regularly scheduled
meeting, at least seven days after filing of the appeal. If the denial,
suspension or revocation is affirmed on review, the applicant, permittee
may seek prompt judicial review of such administrative action pursuant
to California Code of Civil Procedure Section 1094.5.
(Ord. 1634 § 1, 1999)
The foregoing applicable requirements of this section shall
be deemed conditions of adult entertainment business (AEB) regulatory
permit approvals, and failure to comply with every such requirement
shall be grounds for revocation of the permit issued pursuant to these
regulations.
A.
The
permittee shall post the permit conspicuously in the AEB premises.
B.
Every
permittee of an AEB which provides live entertainment depicting specified
anatomical areas or involving specified sexual activities must maintain
a register of all persons so performing on the premises and their
permit numbers. Such register shall be available for inspection during
regular business hours by any sheriff officer or health officer of
the county.
C.
An escort
shall carry such card at all times while providing escort services.
D.
A figure
model shall have such card available for inspection at all times during
the hours of operation of the model studio.
E.
An AEB
performer shall have such card available for inspection at all times
during which such person is on the premises of the adult entertainment
business.
F.
Maximum
occupancy load, fire exits, aisles and fire equipment of the AEB shall
be regulated, designed and provided in accordance with the fire department
and building regulations and standards adopted by the county.
G.
No AEB
shall be operated in any manner that permits the observation of any
material or activities depicting, describing or relating to specified
sexual activities or specified anatomical areas from any public way
or from any location outside the building or area of such establishment.
This provision shall apply to any display, decoration, sign, show
window or other opening. No exterior door or window on the premises
shall be propped or kept open at any time while the business is open,
and any exterior windows shall be covered with opaque covering at
all times.
H.
All
off-street parking areas and premises entries of the sexually oriented
business shall be illuminated from dusk to closing hours of operation
with a lighting system which provides an average maintained horizontal
illumination of one foot-candle of light on the parking surface and/or
walkways. The required lighting level is established in order to provide
sufficient illumination of the parking areas and walkways serving
the sexually oriented business for the personal safety of patrons
and employees and to reduce the incidence of vandalism and criminal
conduct. The lighting shall be shown on the required sketch or diagram
of the premises.
I.
The
premises within which the AEB is located shall provide sufficient
sound-absorbing insulation so that noise generated inside the premises
shall not be audible anywhere on any adjacent property or public right-of-way
or within any other building or other separate unit within the same
building.
J.
Except
for those businesses also regulated by the California Department of
Alcoholic Beverage Control, an Adult Entertainment Business shall
be open for business only between the hours of eight a.m. and ten
p.m. on any particular day.
K.
No window
signs or displays shall be allowed.
L.
The
building entrance to an AEB shall be clearly and legibly posted with
a notice indicating that persons under 18 years of age are precluded
from entering the premises. The notice shall be constructed and posted
to the satisfaction of the sheriff or designee. No person under the
age of 18 years shall be permitted within the premises at any time.
M.
All
indoor areas of the AEB within which patrons are permitted, except
restrooms, shall be open to view by the management at all times.
N.
Separate
restrooms shall be provided for male 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 the duties
of repair, maintenance and cleaning of the restroom facilities. The
restrooms shall be free from any adult material. 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 apply to an AEB which deals exclusively with sale
or rental of adult material which is not used or consumed on the premises,
such as an adult bookstore or adult video store, and which does not
provide restroom facilities to its patrons or the general public.
O.
No person
shall perform live entertainment for patrons of an AEB except upon
a stage at least 24 inches above the level of the floor which is separated
by a distance of at least 10 feet from the nearest area occupied by
patrons, and no patron shall be permitted within 10 feet of the stage
while the stage is occupied by an entertainer.
P.
The
AEB shall provide separate dressing room facilities for entertainers
which are exclusively dedicated to the entertainers' use.
Q.
The
AEB shall provide an entrance/exit for entertainers which is separate
from the entrance/exit used by patrons.
R.
The
AEB 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 AEB shall provide
a minimum three-foot wide walk aisle for entertainers between the
dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the entertainers capable of (and which
actually results in) preventing any physical contact between patrons
and entertainers.
S.
No entertainer,
either before, during or after performances, shall have physical contact
with any patron and no patron shall have physical contact with any
entertainer either before, during or after performances by such entertainer.
It is unlawful for any person to appear in any AEB in a state of nudity.
T.
Fixed
rail(s) at least 30 inches in height shall be maintained establishing
the separations between entertainers and patrons required by this
subsection.
U.
No patron
shall directly pay or give any gratuity to any entertainer and no
entertainer shall solicit any pay or gratuity from any patron.
V.
AEBs
shall employ security guards in order to maintain the public peace
and safety, based upon the following standards:
1.
AEBs
shall provide one security guard for each 10 parking spaces, or portion
thereof, at all times the business is open after five p.m.
2.
Security
guard(s) shall be charged with preventing violations of law and enforcing
compliance by patrons of the requirements of these regulations. Security
guards shall be uniformed in such a manner so as to be readily identifiable
as a security guard by the public and shall be duly licensed as a
security guard as required by applicable provisions of state law.
No security guard required pursuant to this subsection shall act as
a door person, ticket seller, ticket taker, admittance person, or
sole occupant of the manager's station while acting as a security
guard.
W.
An applicant
or permittee shall permit representatives of the sheriff department,
health department, fire department, planning and community development
department, or other county departments or agencies to inspect the
premises of an AEB for the purpose of insuring compliance with the
law and the development and performance standards applicable to AEBs,
at any time it is occupied or opened for business.
(Ord. 1634 § 1, 1999)
A.
No bar
owner or operator or an employee thereof shall permit any person on
the premises to display or expose his or her genitals, pubic hair,
buttocks, anal region, or any portion of the female breast at or below
the areola thereof.
B.
No bar
owner or operator or employee thereof shall permit any person on the
premises to perform specified sexual activities.
C.
Any
bar owner, operator or employee thereof who permits any of the above
while alcoholic beverages are being sold or in the presence of anyone
who has consumed any alcoholic beverages on the premises at any time
during the four hours immediately preceding the act or display referred
to above shall be guilty of a misdemeanor.
D.
Any
person who exposes his or her genitals, pubic hair, buttocks, anal
region, or any portion of the female breast at or below the areola
thereof on the premises while alcoholic beverages are being sold,
or on the premises and in the presence of anyone who has consumed
any alcoholic beverages on the premises at any time during the four
hours immediately preceding the act or display referred to above shall
be guilty of a misdemeanor.
(Ord. 1634 § 1, 1999)
