It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, and general welfare of the citizens of the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
As used in this chapter, the following words and phrases shall have the meaning set forth below:
"Adult-oriented business"
means:
1. 
Any business, where employees, independent contractors, or patrons expose specified anatomical areas or engage in specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
Adult-oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where specified anatomical areas may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering after use of the athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater as defined in this section.
Adult-oriented businesses do not include those uses or activities, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern, which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, employees or independent contractors to appear in any place semi-nude or in attire which does not opaquely cover specified anatomical areas.
In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial conduct includes any use which has 25% of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.
2. 
Adult-oriented business includes, but shall not be limited to, the following:
a. 
Adult Arcade.
An "adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing, devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
b. 
Adult Bookstore.
An "adult bookstore" is an establishment which has, as a substantial portion of its stock-in-trade, a majority of its floor area, or revenue derived from and offering for sale for any form of consideration, any one or more of the following:
i. 
Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities;
ii. 
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities; or
iii. 
Goods which are replicas of, or which simulate, specified anatomical areas, or goods which are designed to be placed on or in specified anatomical areas or to be used in conjunction with specified sexual activities, to cause sexual excitement.
c. 
Adult Cabaret.
An "adult cabaret" is a bar, nightclub, lounge, restaurant, juice bar or similar establishment or concern which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas, including, dancers, strippers, or similar entertainers who appear semi-nude and expose specified anatomical areas of their bodies or simulate or engage in specified sexual activities.
d. 
Adult Motel.
An "adult motel" means a hotel, motel or similar commercial establishment which:
i. 
Offers accommodations to the public for any form of consideration; provides patrons with closedcircuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
ii. 
Offers or advertises a sleeping room for rent for a period of time that is less than ten hours in a 24 hour period; or
iii. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours in a 24 hour period.
e. 
Adult Motion Picture Theater.
An "adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
f. 
Adult Tanning Salon.
An "adult tanning salon" or "parlor" means a business establishment where patrons receive tanning services in groups of two or more and where patrons, employees, or independent contractors of the establishment appear semi-nude or expose specified anatomical areas. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee of the establishment are nude, semi-nude or expose specified anatomical areas. An adult tanning salon or parlor shall also include a business establishment where the employees or independent contractors thereof are nude, semi-nude or expose specified anatomical areas.
g. 
Adult Theater.
An "adult theater" is any place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on simulating, pantomiming, exposing, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or semi-nudity, on-going performances which are characterized by the exposure of specified sexual activities or by specified anatomical areas. An adult theater shall not mean a bona fide theater.
h. 
Reserved.
i. 
Nude Model Studio.
A "nude model studio" means any place or premises where a person who appears in a state of nudity or semi-nudity, or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any public agency or school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.
j. 
Sex Supermarket/Sex Mini-Mall.
A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult-oriented business or use as defined in this chapter within the same building.
k. 
Sexual Encounter Center.
A "sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
i. 
Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex when either or both of them are nude, semi-nude or displaying or exposing specified anatomical areas; or
ii. 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
l. 
Sexual Novelty Store.
A "sexual novelty store" is an establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate specified anatomical areas or specified sexual activities, or goods which are designed to be placed on or in specified anatomical areas, or to be used in conjunction with specified sexual activities, to cause sexual excitement, including, but not limited to, dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas.
m. 
Sexually-Oriented Business.
A "sexually-oriented business," is any business not otherwise defined or provided for herein where employees, independent contractors, or patrons appear in a state of nudity, semi-nudity or expose specified anatomical areas or engage in or simulate specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas located, or proposed to be located, within the city.
n. 
Theater.
A "theater" means a theater, concert hall, or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic, or comedic performances on stage. If any such performance depicts, exposes, describes, or relates to specified sexual activities or specified anatomical areas, the theater shall be an adult-oriented business unless one or more of the following is true:
i. 
In every single regular performance, any emphasis on matters depicting, exposing, describing, or relating to specified sexual activities or specified anatomical areas is on an occasional or incidental basis; or
ii. 
The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas is not a significant portion of the entire verbal display; or
iii. 
The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing, or relating to specified sexual activities or specified anatomical areas is not intended to appeal to prurient or sexual interests.
"Couch dance" or "couch dancing" also includes "chair dancing" and "table dancing"
and means an employee or independent contractor of an adult-oriented business intentionally touching any patron while appearing in a state of nudity, semi-nudity or engaged in the display or exposure of any specified anatomical area or while simulating any specified sexual activity. A couch dance also includes an employee or an independent contractor of an adult-oriented business performing off-stage and within ten feet of any patron while engaged in the display or exposure of any specified anatomical area or while simulating any specified sexual activity.
"Establishment"
means and includes any of the following:
1. 
The opening or commencement of an adult-oriented business as a new business;
2. 
The conversion of an existing business, whether or not an adult-oriented business, to any adultoriented business;
3. 
The addition of any adult-oriented business to any other existing adult-oriented business or to another existing business, with or without expansion of floor area;
4. 
The relocation of any adult-oriented business; or
5. 
The expansion or enlargement of the adult-oriented business premises by ten percent or more of the existing floor area.
"Nudity" or a "state of nudity"
means the appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
"Person"
means and includes person(s), firms, corporations, partnerships, associations, limited liability companies, joint ventures, or any other form of business organization or group(s).
"Private viewing area"
means an area or areas in an adult-oriented business designed to accommodate no more than five or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls or other enclosures creating a private viewing area.
"Semi-nude"
means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region and areola of the female breast.
"Specified anatomical areas"
means and includes any of the following human anatomical areas:
1. 
Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses or female breasts 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.
"Specific criminal act"
also means specified criminal acts and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; convictions involving the distribution, display or sale of material harmful to minors; prostitution; or pandering. Specified criminal acts shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
"Specified sexual activities"
means and includes all the following:
1. 
The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses or female breasts;
2. 
Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Human masturbation, actual or simulated;
4. 
The actual or simulated infliction of pain by one human upon another, or by an individual upon him or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;
5. 
Sexual intercourse, actual or simulated, between a human being and an animal; or
6. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (5), above.
"Straddle dance" or "straddle dancing"
has the same meaning as couch dance or couch dancing as defined in this section.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
A. 
A person commits a misdemeanor, subject to punishment in accordance with this code, if he or she owns, operates, or manages an adult-oriented business within the city without a valid adult-oriented business license issued by the city for the particular type of business.
B. 
1. 
An application for a license must be made on a form provided by the city. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
2. 
At a minimum, the application form shall include the following:
a. 
The applicant's full name and any other names or aliases used by the individual during the last five years:
i. 
If the applicant is a corporation, the applicant shall provide the corporate name and state of incorporation as well as provide the name and address each of the officers, directors, and controlling stockholders owning, not less than ten percent of the stock of the corporation;
ii. 
If the applicant is a partnership, the applicant shall provide the name and address of each of the partners, including limited partners;
b. 
Age, date, and place of birth of the applicant;
c. 
Height, weight, and color of hair and eyes of the applicant;
d. 
Present business address and telephone number (a post office box or a postal annex address is not sufficient to meet this requirement);
e. 
Exposed business address and telephone number (a post office box or a postal annex address is not sufficient to meet this requirement);
f. 
Present residence address and telephone number of the applicant;
g. 
State driver's license or identification number of the applicant;
h. 
Social Security number of the applicant;
i. 
Evidence that the individual is at least 18 years of age;
j. 
A statement describing the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
k. 
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 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 regarding a business in this state or anywhere else. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application;
l. 
A statement listing all criminal convictions or pleas of nolo contendere for a specified criminal act, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600—900, and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this chapter, for two years prior to the date of the application. This disclosure shall include identification of all such violations, stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court providing court identifying case numbers or docket numbers;
m. 
Attached to the application form as provided above, two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the city. For persons not residing in the city, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and finger-prints shall be paid by the applicant. The application form shall be signed under penalty of perjury; and,
n. 
Payment of the application fee, if any, as set by resolution of the city council.
3. 
Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which information is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a license application made available to any member of the public, the information set forth above.
C. 
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the city and by the Santa Barbara County fire department. Such inspections shall occur within 20 days of the application being found or deemed complete, otherwise the requirement that the premises be inspected shall be waived.
D. 
Any person who wishes to operate an adult-oriented business must sign the application for the license under penalty of perjury as the applicant.
E. 
The fact that a person possesses any other valid license issued by the city or the county does not exempt the person from the requirement of obtaining an adult-oriented business license. A person who operates an adult-oriented business and possesses any other city or county license shall comply with the requirements and provisions of this chapter and all city codes as well as the requirements and provisions of such other license.
F. 
Any existing adult-oriented business which currently exists as a lawful use on the date the ordinance codified in this chapter becomes effective shall have six months from the effective date of this chapter to obtain a license hereunder.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
A. 
The city manager, or designee thereof, shall issue or deny the issuance of a license as provided below to an applicant within 20 days after receipt of a properly completed and executed application. The city manager, or designee thereof, shall issue the license unless he/she finds one or more of the following to be true:
1. 
An applicant is under 18 years of age;
2. 
An applicant is overdue in payment to the city of fees owed by the applicant in relation to the adult-oriented business, which is the subject of the application;
3. 
An applicant has failed to completely fill out the application for the license, has filed an incomplete application packet, or has provided materially false information on the application;
4. 
The license fee required by this chapter, if any, has not been paid;
5. 
The premises to be used for the adult-oriented business has not been approved by the city and the Santa Barbara County fire department, as being in compliance with applicable laws and ordinances subject to Section 5.06.014C this chapter;
6. 
The applicant is operating the adult-oriented business without a license in violation of Section 5.06.014 of this chapter;
7. 
That an applicant has been convicted of a specified criminal act for which:
a. 
Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adultoriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering;
b. 
Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adultoriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering;
c. 
Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; convictions of any such offense occurring within 24 hours prior to the application;
d. 
The applicant is on parole or probation in connection with a conviction of a felony or misdemeanor offense, for a specified criminal act.
8. 
The premises contain one or more private viewing areas.
The city's decision to grant or deny license shall not be based upon information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600—900.
B. 
The city manager, or designee thereof, shall, immediately upon receipt of an application, refer the application to the designated head of the law enforcement entity providing police services to the city for an investigation. The results of such investigation shall be returned to the city manager within ten days of the receipt of a complete application by the city. In the event the results of the investigation are not available within said ten-day period, the designated head of the law enforcement entity providing police services to the city shall, if the application otherwise meets the requirements of this chapter, issue a status report on the issuance of the adult-oriented business license, whereupon, the city manager, or designee thereof, shall issue the same within 20 days of receipt of a complete application by the city. In the event the city manager fails to issue or deny the license within said 20 day period, the license shall be issued by the city subject to all other laws and city ordinances or regulations. Should the information obtained pursuant to the investigation vary in a material degree from that set forth by the applicant in the application, such variance shall be cause to suspend or revoke the license in accordance with Sections 5.06.024 to 5.06.026 of this chapter.
C. 
The license shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the adult-oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.
D. 
The city clerk shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action to issue or deny the license. A written notice of denial shall include the findings upon which the denial is based. The decision of the city manager, or designee thereof, to deny issuance of the license shall be final subject to appeal pursuant to Section 5.06.017.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
If the application for an adult-oriented business license is denied by the city manager, such denial is subject to judicial review according to the expedited provisions of the California Code of Civil Procedure Section 1094.8.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for an adult-oriented business license shall, at the discretion of the city council, be set by resolution of the city council.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
An applicant or licensee shall permit representatives of the city and/or the Santa Barbara County sheriffs department, Santa Barbara County department of health, the Santa Barbara County fire department, the city building and safety department, and the community development department to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the provisions of this chapter at any time the premises is open for business, provided reasonable and normal business operations shall not be interfered with and the inspection is conducted in the same manner as an inspection for other businesses.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
Each license shall expire one year from the date of issuance and may be renewed only by making application upon penalty of perjury that there has been no material change in the business or its operation. Applications for renewal shall be filed at least 30 days before the expiration date; the filing of a complete application for renewal shall extend the license until a final decision is reached by the city. The city manager, or designee thereof, shall issue the license or schedule an administrative hearing on the application for renewal within ten days of receipt by the city of a complete renewal application. If in reviewing the application for renewal of the license, the city manager, or designee thereof, determines that the application will likely be denied, then the city manager, or designee thereof, shall cause an administrative hearing to be held within 20 days at which time the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The decision of the city manager, or designee thereof, to deny renewal of the license shall be subject to judicial review according to the expedited provisions of the California Code of Civil Procedure Section 1094.8.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
The city manager or designee or the city council may initiate proceedings to consider the suspension or revocation of an existing adult-oriented business license as may be necessary to assure the preservation of the public health and safety. Such proceedings shall include a hearing wherein the license holder is provided the opportunity to refute any evidence or findings of the city. If the evidence presented at the hearing establishes that one or more of the conditions exist as set forth in Section 5.06.025 then suspension shall be ordered; and, if the conditions set forth in Section 5.06.026 exist, then revocation of the adult-oriented business license shall be ordered.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
An adult-oriented business license shall be suspended if the evidence at the hearing establishes any one or more of the following conditions exist:
A. 
The conduct of the adult-oriented business does not comply with all applicable laws, including, but not limited to, the city's fire, building, zoning, or health and safety codes; or the design and performance standards set forth in this chapter are violated or not complied with by the adult-oriented business;
B. 
There was not a responsible person over 18 years of age on the premises to act as a manager at all times during which the adult-oriented business was open;
C. 
The licensee, manager, any agent, employee, or independent contractor of the licensee or manager knows or should have known that the adult-oriented business, including the parking lot thereof, has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred;
D. 
The licensee, his or her employees, agent, partner, director, officer, controlling stockholder or manager has violated any provision of this chapter or this code;
E. 
The licensee or manager has failed to remove all materials harmful to minors, including, but not limited to, wrappers, covers, labels, packaging, bags, and magazines that have been discarded upon the grounds within 1,000 feet of the premises of the adult-oriented business;
F. 
The adult-oriented business is being operated, managed, or conducted in violation of any condition of approval of the adult-oriented business license;
G. 
The licensee, manager, any agent, employee, or independent contractor of the licensee or manager refused to allow the lawful inspection of the premises by a city inspector or official, the law enforcement agency providing police services to the city, the Santa Barbara fire department, city code enforcement officer, director of community development, or Santa Barbara County health department or any designee thereof;
H. 
The licensee, manager, any agent, employee or independent contractor of the licensee or manager knowingly permitted gambling on the premises;
I. 
The manager or person acting in that capacity was found to be intoxicated or under the influence of a controlled substance while on duty at the adult-oriented business;
J. 
The adult-oriented business is operating in violation of the permitted hours of operation.
The suspension shall be for a period of up to 30 days or until the violation is corrected, whichever is longer.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
An adult-oriented business license shall be revoked and no new adult-oriented business license may be requested by the licensee for any location within the city or by any other person for that same location within a one-year period following revocation if the evidence presented at the hearing on the revocation of the license establishes that one or more of the following conditions exists:
A. 
The licensee, his or her employee, agent, partner, director, officer, controlling stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the city's law enforcement agency, county health department, or any other city department or office in connection with the operation of the business;
B. 
The licensee, manager, any agent, employee or independent contractor of the licensee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult-oriented business;
C. 
The licensee, manager, any employee, or independent contractor of the licensee or manager knowingly or with reckless disregard of the requirements of this chapter, allows any minor into the establishment, permits the use of the facilities by a minor, and/or sells adult-oriented materials to a minor and/or material harmful to minors to a minor;
D. 
The approved adult-oriented business has been expanded, or partially or wholly converted to another adult-oriented business without the required city approvals and permits;
E. 
There have been two suspensions of an adult-oriented business license within a one-year period;
F. 
The licensee or manager knowingly or with reckless disregard of the requirements of this chapter and state and federal law allowed the sale of controlled substances or allowed acts of prostitution on or about the premises;
G. 
The licensee or manager knowingly or with reckless disregard of the requirements of this chapter, has allowed, suffered, or permitted waiter(s) or waitress(es) to appear nude or semi-nude or expose or display specified anatomical areas on the premises;
H. 
The licensee or manager continued to operate the adult-oriented business during a suspension period of the adult-oriented business license;
I. 
The licensee has been convicted of a specified criminal act for which the required time period has not yet elapsed;
J. 
That on two or more occasions within a 12 month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees or independent contractors of the adultoriented business at the time the offenses were committed;
K. 
The licensee or manager is operating more than one adult-oriented business in the same building;
L. 
The adult-oriented business contains one or more private viewing areas as defined in this chapter; or
M. 
The adult-oriented business has failed to provide, inaccurately provided, or failed to keep current the street address of the principal place of business or the location of any adult-oriented business in the city in accordance with Section 5.06.014B of this code.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
If the city manager, or designee thereof, suspends or revokes a license, the city clerk shall send to the applicant or licensee, by both certified mail, return receipt requested, and regular first-class mail, written notice of the action. The decision to suspend or revoke the license shall be effective 20 days after the notice of the decision has been deposited in the U.S. mail. Such decision to suspend or revoke a license is subject to judicial review according to the expedited provisions of the California Code of Civil Procedure Section 1094.8.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
Any license shall be immediately void if the licensee attempts to transfer the license to another person or location. The attempted transfer of the adult-oriented business license includes the transfer of ownership or control of the adult-oriented business by any of the following:
A. 
The sale, lease, or sublease of an adult-oriented business;
B. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. 
The establishment of a trust, gift, or similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
A. 
No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a license or permit has been issued under this code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:
1. 
To engage in a live showing of a specified anatomical area;
2. 
To engage in a couch dance or straddle dance with a patron at the business;
3. 
To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;
4. 
To intentionally touch any patron at an adult-oriented business while appearing in a state of seminudity or simulating a specified sexual activity;
5. 
To voluntarily be within ten feet of any patron while appearing in a state of nudity or semi-nudity or simulating a specified sexual activity;
6. 
To solicit, request, or accept any gratuity, pay, or any other form of consideration from a patron on the premises of the adult-oriented business.
B. 
No person at any adult-oriented business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee or independent contractor who is appearing in a state of semi-nudity engaging in or simulating, a specified sexual activity at the adult-oriented business.
C. 
No person at any adult-oriented business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is appearing in a state of semi-nudity engaging in or simulating a specified sexual activity.
D. 
No person shall directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of consideration to a performer at an adult-oriented business. No person shall use an intermediary, such as a nonperforming entertainer or other employee or independent contractor to offer, provide or otherwise pay a gratuity or other form of consideration to a performer at an adult-oriented business.
E. 
No waiter(s) or waitress(es) employed at an adult-oriented business shall appear on the premises thereof in the nude, semi-nude, or display or expose specified anatomical areas.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)
A person who operates or causes to be operated an adult-oriented business without a valid license or in violation of Section 5.06.032 of this chapter, is subject to a suit for injunction as well as prosecution for criminal violations.
(Ord. 00-01 § 3, 2000; Ord. 00-02 § 2, 2000)