For the purpose of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined in this section.
shall mean and include any of the following:
Adult-oriented arcade
shall mean an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture 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 that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult-oriented cabaret
shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (i) are characterized by specified sexual activities; or (ii) feature any semi-nude person.
Adult-oriented motion picture theater
shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
Adult-oriented retail store
shall mean an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult-oriented material, adult-oriented merchandise or both.
Any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
shall mean any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, which is characterized by specified sexual activities or the exposure of specified anatomical areas.
shall mean adult-oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; adult-oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. This definition shall not include birth control devices.
shall mean the City Manager of the City of Artesia, or his or her designee.
shall mean the dominant or essential theme of the object described by such phrase.
shall mean a person who, for any form of consideration, performs at an adult-oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult-oriented business.
shall mean the following: (1) the sole proprietor of an adult-oriented business; (2) any general partner of a partnership which owns and operates an adult-oriented business; (3) the owner of a controlling interest in a corporation which owns and operates an adult-oriented business; and (4) the person designated by the officers of a corporation to be the permit holder for an adult-oriented business owned and operated by the corporation.
shall mean a park, playground, swimming pool, golf course or athletic field which is under the control, operation or management of the City or another public agency.
shall mean to engage in or participate in any live performance at an adult-oriented business that either: (1) is characterized by an emphasis upon specified sexual activities; or (2) features any semi-nude person.
shall mean the following: (1) for the purpose of Section 3-2.303 of this article, any person who has been issued an adult-oriented business permit; (2) for the purpose of Section 3-2.304 of this article, any person who has been issued an adult-oriented business entertainer permit; and (3) for the purpose of Sections 3-2.305 through 3-2.306 of this article, any person who has been issued an adult-oriented business permit or an adult-oriented business entertainer permit.
shall mean any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
shall mean that any of the following conditions exist:
At least 20% of the stock-in-trade is devoted to adult-oriented material, adult-oriented merchandise, or both; provided; however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
At least 20% of the total display area is devoted to adult-oriented material, adult-oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30 day period.
At least 20% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
shall mean a structure which is used primarily for religious worship and related religious activities.
shall mean: (1) any child-or day-care facility; and (2) any institution of learning for minors, whether public or private, offering instruction in the 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, kindergarten, 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.
shall mean a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
shall mean the following:
Less than completely and opaquely covered human (i) genitals or pubic region; (ii) buttocks; and (iii) female breast below a point immediately above the top of the areola;
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
Any device, costume or covering that simulates any of the body parts included in subparagraphs (1) or (2) above.
shall mean the following, whether performed directly or indirectly through clothing or other covering:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of, or in connection with, any of the other activities described in subparagraphs (1) through (3) of this paragraph.
shall mean the increase in floor area occupied by an adult-oriented business by more than 10% of its floor area as it existed at the time an adult-oriented business permit was issued for the business.
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, § 4)
(a)
Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any adult-oriented business unless the owner of such business first obtains from the Director, and continues to maintain in full force and effect, an adult-oriented business permit for such business.
(b)
Persons Eligible. The owner of a proposed adult-oriented business shall be the only person eligible to obtain an adult-oriented business permit for such business. The owner shall not be eligible to obtain an adult-oriented business permit unless the owner is at least 18 years of age.
(c)
Application Requirements. The following shall be submitted to the Director at the time of application for an adult-oriented business permit:
(1)
A completed application form signed by: (i) the applicant; and (ii) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult-oriented business is to be conducted.
(2)
The applicant's fingerprints on a form provided by the Los Angeles County Sheriff's Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.
(3)
A letter of justification which describes the proposed adult-oriented business and how it will satisfy the requirements of this chapter.
(4)
A site plan designating the building and/or unit proposed for the adult-oriented business. The site plan shall include a dimensional interior floor plan which depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by Article 11 of Chapter 2 of Title 9 of the Artesia Municipal Code.
(5)
A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's information and belief.
(6)
A nonrefundable application fee in an amount set by resolution of the City Council.
(d)
Approval or Denial of Permit.
(1)
The Director may deny an application for an adult-oriented business permit for any of the following causes:
(A)
The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;
(B)
The applicant is under 18 years of age;
(C)
The proposed business does not comply with the location criteria of Subsection (f);
(D)
The applicant proposes to conduct more than one type of adult-oriented business, as such types are defined in this article, within a single building, structure or facility;
(E)
The proposed business does not comply with the design standards of this article;
(F)
The proposed business does not comply with the applicable development standards of the Zoning Ordinance;
(G)
The applicant has had a prior adult-oriented business permit revoked by the City within the previous calendar year.
(2)
If the Director determines that the applicant has completed the application improperly, the Director shall promptly notify the applicant of such fact and, upon request of the applicant, shall return the application. As a courtesy to the applicant, upon request of the applicant, the Director shall grant the applicant an extension of time of 10 calendar days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this provision, nothing in this provision shall be construed to relieve the Director of the duty to make a decision within the time limits set forth in subparagraph (3).
(3)
The Director shall, within 20 City business days of the filing of an application, approve and issue the adult-oriented business permit if a complete application has been submitted and there are no grounds for denial; otherwise the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the City Council in accordance with Section 3-2.306 of this article.
(e)
Nontransferable.
(1)
No person shall operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.
(2)
No adult-oriented business permit issued pursuant to this chapter shall be transferable.
(3)
Any attempt to transfer an adult-oriented business permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.
(f)
Location Criteria.
(1)
An adult-oriented business may be located in the Services and Professional Zone (C-S-P), the General Commercial Zone (C-G) and the Heavy Manufacturing and Industrial (M-2) Zone, provided such business complies with all of the following requirements:
(A)
The adult-oriented business is not within 250 feet of any other adult-oriented business located within or outside the City; and
(B)
The adult-oriented business is not within 500 feet of any residential use located within or outside the City; and
(C)
The adult-oriented business is not within 500 feet of any park, religious institution or school located within or outside the City.
(2)
The distances set forth above shall be measured as a straight line from the primary entrance of the adult-oriented business to the property line of the property so used without regard to intervening structures, except with respect to the distance between two adult-oriented businesses, in which case the measurement shall be taken from the primary entrance of each such business.
(g)
Design Standards.
(1)
No adult-oriented business shall be located in any temporary or portable structure.
(2)
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
(3)
No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
(4)
All off-street parking areas and premises entries of the adult-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 footcandle of light on parking surfaces and walkways.
(5)
The premises within which the adult-oriented business is located shall provide sufficient soundabsorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building.
(6)
The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises.
(7)
All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
(8)
All areas of the adult-oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
Area | Footcandles |
|---|---|
Retail stores | 20 |
Cabarets | 5 (except during performances, at which times lighting shall be at least 1.25 footcandles) |
Arcades | 10 |
(9)
The adult-oriented 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 adult-oriented material and adult-oriented 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 apply to an adult-oriented business which: (i) is not required to and does not provide restroom facilities to patrons or the general public; and (ii) deals exclusively with sale or rental of adult-oriented material or adult-oriented merchandise which is not used or consumed on the premises.
(10)
Adult arcades shall comply with the following additional requirements:
(A)
The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view 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 designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subparagraph must be direct line of sight from the designated manager's station.
(B)
The view specified in subparagraph (A) shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.
(C)
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths.
(11)
Adult cabarets, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:
(A)
Separate dressing room facilities for entertainers, exclusively dedicated to the entertainers' use, shall be provided.
(B)
An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.
(C)
Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three foot wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier separating the patrons and the entertainers. Such railing, fence or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.
(h)
Performance Standards.
(1)
No adult-oriented business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (i) adult-oriented material; (ii) adult-oriented merchandise; (iii) specified sexual activities; (iv) specified anatomical areas; or (v) any nude or semi-nude person. This provision shall apply to displays, decorations, signs, show windows and other openings.
(2)
Exterior doors and windows of the adult-oriented business shall not be propped or kept open at any time while the business is open.
(3)
Exterior windows of the adult-oriented business shall be covered with opaque covering at all times.
(4)
Patrons shall not be permitted access to any area of the adult-oriented business which has been designated as an area in which patrons will not be permitted.
(5)
No person under the age of 18 years shall be permitted within the adult-oriented business at any time.
(6)
The adult-oriented business shall maintain a security system that visually monitors and records all parking surfaces serving the business.
(7)
Security guards shall be employed in accordance with the following standards:
(A)
One security guard shall be on duty within the business at all times during open hours; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.
(B)
The security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.
(C)
The security guard(s) shall be charged with enforcing patron compliance with the requirements of this chapter, and with notifying the Los Angeles County Sheriff's Department of any violations of law observed.
(D)
No security guard required pursuant to this paragraph shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of a manager's station while acting as a security guard.
(8)
No adult-oriented business shall operate between the hours of twelve (12:00) midnight and eight (8:00) a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.
(9)
No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the adult-oriented business to engage in a live showing of specified anatomical areas.
(10)
Adult arcades shall comply with the following additional requirements:
(A)
No viewing room or video booth may be occupied by more than one person at any one time.
(B)
At least one employee shall be on-duty and stationed at each manager's station at all times that a patron is present inside the premises.
(C)
Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.
(D)
Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.
(E)
The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.
(11)
Adult cabarets, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:
(A)
No entertainer shall perform except upon a stage that is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least 10 feet from the nearest area occupied by patrons.
(B)
No patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within 10 feet of any person dancing for any form of consideration.
(C)
No entertainer shall have physical contact with a patron before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.
(D)
No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.
(E)
No owner or other person with managerial control over the adult-oriented business shall permit any person on the premises to engage in a live performance characterized by the exposure of specified anatomical areas.
(F)
No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purpose of this provision, "directly pay or give" shall mean the placement of a gratuity by a patron on any portion of an entertainer's person or clothing.
(G)
No entertainer shall solicit any gratuity from a patron.
(i)
Gross Receipts Records.
(1)
Maintenance. The owner of an adult-oriented business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which are characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.
(2)
Exemption. This section shall not be applicable to an adult-oriented business for which such transactions constitute less than 15% of the gross receipts of the business.
(j)
Register and Permit Number of Entertainers.
(1)
Maintenance. Every owner of an adult cabaret shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer's legal name, stage name(s), and adult-oriented business permit number.
(2)
Annual Filing. Every owner of an adult cabaret shall annually file with the Director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct.
(k)
Employment of Persons Without Permits. No permittee, owner, operator or other person in charge of an adult-oriented business shall allow any person to perform at the business unless such person is in possession of a valid adult-oriented business entertainer permit.
(l)
Display of Permit. Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult-oriented business.
(m)
Inspections. The owner, operator, or other person in charge of an adult-oriented business shall allow City officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult-oriented business for the purpose of ensuring compliance with the law at any time the adult-oriented business is open for business or is occupied.
(n)
Conditions. The requirements of this article shall be deemed conditions of adult-oriented business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult-oriented business permit.
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, §§ 5—13)
(a)
Permit Required. It is unlawful for any person to perform at an adult-oriented business unless such person first obtains from the Director, and continues to maintain in full force and effect, an adult-oriented business entertainer permit.
(b)
Persons Eligible. No person less than 18 years of age shall be eligible for an adult-oriented business entertainer permit.
(c)
Application Requirements. The following shall be submitted to the Director at the time of application for an adult-oriented business entertainer permit:
(1)
A completed application form signed by: (i) the applicant; and (ii) the owner of the adult-oriented business in which the applicant intends to perform;
(2)
The applicant's legal name and any other names (including stage names and aliases) used by the applicant;
(3)
Age, date and place of birth;
(4)
Height, weight, hair and eye color;
(5)
Present residence address and telephone number;
(6)
(7)
Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;
(8)
State driver's license or identification number;
(9)
Satisfactory written evidence that the applicant is at least 18 years of age;
(10)
The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;
(11)
A nonrefundable application fee in an amount set by resolution of the City Council.
(d)
Grounds for Denial. The Director may deny an application for an adult-oriented business entertainer permit for any of the following causes:
(1)
The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application.
(2)
The applicant is under 18 years of age.
(3)
The adult-oriented business entertainer permit is to be used for performing in a business prohibited by State or City law.
(4)
The applicant has had a prior adult entertainer permit revoked by the City within the previous calendar year.
(e)
Approval or Denial of Permit. The Director shall, within three City business days of the filing of a compete application, approve and issue the adult-oriented business permit if there are no grounds for denial; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three City business days of the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the Director to the City Council in accordance with Section 3-2.306 of this chapter.
(f)
Nontransferable.
(1)
No adult-oriented business entertainer permit shall authorize the permittee to perform at an adult-oriented business other than the business stated in the application for the permit.
(2)
No adult-oriented business entertainer permit issued pursuant to this section shall be transferable.
(3)
Any attempt to transfer an adult-oriented business entertainer permit is hereby declared invalid and the permit shall automatically become void effective the date of such attempted transfer.
(g)
Display of Permit. Every entertainer shall have his or her adult-oriented business entertainer permit available for inspection at all times during which such entertainer is on the premises of the adult-oriented business at which the entertainer performs.
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, § 14)
(a)
The Director may suspend or revoke an adult-oriented business permit for the following causes:
(1)
The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the City.
(2)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has knowingly failed to comply with any of the requirements of this article.
(3)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult-oriented business.
(4)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has committed a misdemeanor or felony in the conduct of the business.
(5)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the business has knowingly allowed or permitted the occurrence of nuisance activities on the premises of the business. For purposes of this section, "nuisance activities" include the following without limitation: disturbances of the peace; public drunkenness; drinking in public; harassment of passerby; illegal parking by patrons; public urination; loitering, excessive littering; and loud noises.
(6)
The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult-oriented business has failed to abide by any disciplinary action previously imposed by an authorized City official.
(7)
The approved use has been substantially enlarged without City approval.
(b)
The Director may suspend or revoke an adult-oriented business entertainer permit for the following causes:
(1)
The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the City.
(2)
The permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
(A)
Unlawful sexual intercourse, sodomy, oral copulation, or masturbation;
(B)
Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation;
(C)
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;
(D)
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)
An 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 article.
(3)
Failure to abide by a disciplinary action previously imposed by an authorized City official.
(c)
Procedure for Suspension or Revocation.
(1)
Notice. On determining that grounds for permit revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least 10 days prior to the hearing date.
(2)
Hearing. Hearings shall be conducted in accordance with procedures established by the Director. All parties involved shall have a right to: (i) offer testimonial, documentary and tangible evidence bearing on the issues; (ii) be represented by counsel; and (iii) 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 section may be continued for a reasonable time for the convenience of a party or a witness.
(3)
Penalty.
(A)
After holding the hearing in accordance with this section, upon determining that there are sufficient grounds for disciplinary action, the Director shall impose one of the following penalties:
(B)
The Director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, §§ 15, 16)
(a)
Who May Appeal. Any interested person may appeal the Director's issuance, denial of issuance, suspension or revocation of an adult-oriented business operator permit or adult-oriented business entertainer permit to the City Council in accordance with the provisions of this section.
(b)
Appeal Period. A written appeal petition must be filed with the City Manager or his or her designee no later than 14 calendar days after the decision of the Director; provided, however, that if the 14 days expire on a date that city hall is not open for business, then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the City Council of jurisdiction to hear the appeal.
(c)
Form of Appeal Petition. The appeal petition must indicate in what way the appellant contends the Director's decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the Director's decision.
(d)
Director's Decision Stayed. The effectiveness of any decision of the Director to suspend or revoke an adult-oriented business operator permit or adult-oriented business entertainer permit shall be stayed during: (1) the appeal period set forth in Subsection (b) of this section; and (2) the pendency of any appeal.
(e)
City Council Consideration. The City Council shall consider an appeal of a decision by the Director at its first available regular meeting following submission of the appeal, unless the applicant and appellant (if different than the applicant) consents in writing to an extension. At least 10 days prior to the appeal hearing before the City Council, written notice of such hearing shall be mailed to the applicant and appellant (if different than the applicant). The City Council may continue the appeal hearing as necessary or convenient.
(f)
City Council Decision. No later than 45 days from the filing of a timely appeal, unless the applicant and appellant (if different than the applicant) consents to an extension, the City Council shall render a decision on the appeal. The City Council may affirm, modify, or reverse the decision of the Director. The decision of the City Council shall be made by resolution and shall be final. No later than three City business days after the City Council's decision, notice of the decision and a copy of the resolution shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.6."
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, §§ 17, 18)
An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of: (1) a residential use within 500 feet of the adult-oriented business; or (2) a park, religious institution or school within 500 feet of the adult-oriented business. This exemption shall only apply if the adult-oriented business is continuous, which means that interruptions in use cannot exceed six months.
(Ord. 543, § 2; Ord. 549, § 5; Ord. 582, § 19)
No permittee, operator or other person in charge of an adult-oriented business shall allow any person who is not at least 18 years of age to enter or remain within the adult-oriented business. Any permittee, operator, or other person in charge of a business who allows any person who is not at least 18 years of age to enter or remain within the adult-oriented business shall be subject to a civil fine not to exceed $10,000 per violation, suspension or revocation of the adult-oriented business permit, or both such fine and suspension or revocation.
(Ord. 543, § 2; Ord. 549, § 1)
No building, structure or other facility shall contain more than one type of adult-oriented business, as such types of adult-oriented businesses are defined in this article.
(Ord. 543, § 2; Ord. 549, § 5)
The provisions of this article regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Municipal Code or other law.
(Ord. 543, § 2; Ord. 549, § 5)
If the provisions of this article conflict with or contravene any other provisions of this Code, the provisions of this article shall prevail as to all matters and questions arising out of the subject matter of this article.
(Ord. 543, § 2; Ord. 549, § 5)