It is the purpose and intent of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter (Sections 8.07.010 et seq.) have neither the purpose nor 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 or material harmful to minors.
(Ord. 594 § 2(Exh. A),
1994)
For the purposes of this chapter, certain terms and words are
defined as follows:
means a person who works or performs in and/or for a sexually
oriented business, regardless of whether or not said person is paid
a salary, wage or other compensation by the operator of said business.
means and includes any of the following:
The opening or commencement of any such business as a new business;
or
The conversion of an existing business, whether or not a sexually
oriented business, to any of the sexually oriented businesses defined
in this chapter; or
The addition of any of the sexually oriented businesses defined
in this chapter to any other existing sexually oriented business;
or
The relocation of any such sexually oriented business.
means the appearance of human bare buttock, anus, male genitals,
female genitals, or the areola or nipple of the female breast.
means and includes the owner, permit holder, custodian, manager,
operator or person in charge of any permitted or licensed premises.
means any premises that requires a license and/or permit
and that is classified as a sexually oriented business.
means a person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
means an individual, proprietorship, partnership, corporation,
association or other legal entity.
means any building owned, leased or held by the United States,
the state, the county, the city, any special district, school district,
or any other agency or political subdivision of the state or the United
States, which building is used for governmental purposes.
means any building owned, leased or held by the United States,
the state, the county, the city, any special district, school district,
or any other agency or political subdivision of the state or the United
States, which building is used as a library, community center, children's
museum, children's center, or any other use having special attraction
to children, or which building is often visited by children for social
activities, unaccompanied by their parents or other adult custodians.
means public land which has been designated for park, recreational
or arts activities including but not limited to a park, playground,
nature trails, swimming pool, reservoir, athletic field, basketball
or tennis courts, pedestrian/bicycle paths, open space, designated
by the state of California as a Mountains Conservancy area, wilderness
areas, or similar public land within the city which is under the control,
operation or management of the city.
means at least three times within any thirty-day period;
or carried on as part of the business's routine scheduling of events
or activities and not so infrequently as to constitute a single, rare
or unusual event or occurrence.
means any church, synagogue, mosque, temple or building which
is used primarily for religious worship and related religious activities.
means property which is zoned or used as residential and/or
a single-family house, duplex, townhouse, multiple-family dwelling(s),
or mobilehome park or subdivision.
means any public or private educational facility including
but not limited to child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, primary schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges, and universities. School includes the school grounds,
but does not include the facilities used primarily for another purpose
and only incidentally as a school.
means a state of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
means those businesses defined as follows:
"Adult arcade"
means an establishment where, for any form of consideration,
one or more still or motion picture projectors, slide projectors,
or similar machines, or other image producing machines, for viewing
by five or fewer persons each, are used to show films, motion pictures,
video cassettes, video disks, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
"Adult bookstore, adult novelty store or adult video store"
a.
b.
means a commercial establishment which has as a significant
or substantial portion of its stock-in-trade or a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising to the sale, rental or viewing
for any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes, video disks, slides, or other
visual representations which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas or
An establishment may have other principal business purposes
that do not involve the offering for sale, rental or viewing of materials
depicting or describing specified sexual activities or specified anatomical
areas, and still be categorized as adult bookstore, adult novelty
store or adult video store. Such other business purposes will not
serve to exempt such establishments from being categorized as an adult
bookstore, adult novelty store or adult video store so long as one
of its principal business purposes is offering for sale or rental,
for some form of consideration, the specified materials which depict
or describe specified anatomical areas or specified sexual activities.
"Adult cabaret"
means a nightclub, bar, restaurant, bottleclub, or similar
commercial establishment, whether or not alcoholic beverages are served,
which features: (a) persons who appear semi-nude; (b) live performances
which are characterized by the exposure of specified anatomical areas
or by specified sexual activities, or (c) films, motion pictures,
video cassettes, video disks, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
"Adult motel"
means a motel, hotel or similar commercial establishment
which: (a) offers public accommodations, for any form of consideration,
which provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, video disks, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas and which advertises the availability of this sexually oriented
type of material by means of a sign visible from the public right-of-way,
or by means of any off-premises advertising including but not limited
to, newspapers, magazines, pamphlets or leaflets, radio or television,
or (b) offers a sleeping room for rent for a period of time less than
ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping
room for a time period of less than ten hours.
"Adult motion picture theater"
means a commercial establishment where films, motion pictures,
video cassettes, video disks, slides or similar photographic reproductions
characterized by the depiction or description of specified sexual
activities or specified anatomical areas are regularly shown for any
form of consideration.
"Adult theater"
means a theater, concert hall, auditorium, or similar commercial
establishment which, for any form or consideration, regularly features
persons who appear semi-nude or live performances which are characterized
by exposure of specified anatomical areas or by specified sexual activities.
"Escort"
means a person who, for any form of consideration or gratuity, agrees or offers to act as a companion, guide, or date for another person, except as permitted under Chapter 5.16 of this code, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
"Escort agency"
means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration, except as permitted under Chapter 5.16 of this code.
"Model studio"
means any place where a person, who appears in a state of
nudity, semi-nude or displays specified anatomical areas is provided
for money or any form of consideration to be observed, sketched, drawn,
painted, sculptured, photographed, filmed, videotaped or similarly
depicted by other persons.
"Sexual encounter establishment"
means a business or commercial establishment, that as one
of its primary business purposes, offers for any form of consideration,
a place where two or more persons may congregate, associate or consort
for the purpose of specified sexual activities or the exposure of
specified anatomical areas or activities when one or more of the persons
is semi-nude. The definition of sexually oriented businesses shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
means that twenty-five percent or more of revenues are derived from sexually oriented activities or materials, or that twenty-five percent or more of interior floor space or display space is devoted to sexually oriented activities or materials, or that twenty-five percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of sexually oriented materials, all as defined in Section 8.07.020 herein, shall be evidence that a significant or substantial portion of the business is devoted to such uses.
means and includes any of the following:
means acts which are sexual crimes against children, sexual
abuse, rape or crimes connected with another sexually oriented business
including, but not limited to, distribution of obscenity or material
harmful to minors, prostitution or pandering.
means and includes any of the following:
The fondling or other intentional touching of human genitals,
pubic region, buttocks, anus, or female breasts; or
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy; or
Masturbation, actual or simulated; or
Human genitals in a state of sexual stimulation, arousal or
tumescence; or
Excretory functions as part of or in connection with any of
the activities set forth in subdivisions 1 through 4 of this subsection.
means an increase in the floor areas occupied by the business
by more than fifteen percent, as the floor areas exist on May 21,
1994 (effective date of the ordinance codified in this chapter).
means and includes any of the following:
The sale, lease or sublease of the business; or
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means;
The establishment of a trust, gift or other similar legal devise
which transfers ownership or control of the business, except for transfer
by bequest or other operation of law upon the death of a person possessing
the ownership or control.
(Ord. 594 § 2(Exh. A),
1994; Ord. 984 § 4, 2009)
A person shall not use any premises for a sexually oriented
business except within the commercial planned development (CPD) and
industrial planned development (IPD) zones, subject to all conditions,
regulations and permitting procedures enumerated in this chapter.
(Ord. 594 § 2(Exh. A),
1994)
The following sexually oriented businesses are subject to the
provisions of this chapter:
A.
Adult
arcade;
B.
Adult
bookstore, adult novelty store or adult video store;
C.
Adult
cabaret;
D.
Adult
motel;
E.
Adult
motion picture theater;
F.
Adult
theater;
G.
Sexual
encounter establishment;
H.
Escort
agency; or
I.
Model
studio.
(Ord. 594 § 2(Exh. A),
1994; Ord. 1094 § 6, 2015)
A sexually oriented business hereinafter permitted and lawfully
operating as a conforming use is not rendered a nonconforming use
by the location, subsequent to the grant or renewal of a sexually
oriented business permit and/or license, of a church, public or private
elementary or secondary school, public park, public building, residential
zone or residential lot within six hundred feet and designated Mountains
Conservancy area at least one hundred fifty feet of the sexually oriented
business. This provision applies only to the renewal of a valid permit
and/or license and does not apply when an application for a permit
and/or license is submitted after a permit and/or license has expired
or has been revoked.
(Ord. 594 § 2(Exh. A),
1994)
A.
It is
unlawful for anyone to distribute, sell or offer for sale any device,
instrument or paraphernalia designed or marketed primarily for sexual
stimulation for human genital organs or for sadomasochistic use or
abuse of themselves or others.
B.
Such
devices, instruments or paraphernalia include but are not limited
to: phallic shaped vibrators, dildos, muzzles, whips, chains, bather
restraints, racks, nonmedical enema kits, body piercing implements
(excluding earrings or other decorative jewelry) or other tools of
sadomasochistic abuse.
(Ord. 594 § 2(Exh. A),
1994)
No person shall cause or permit the establishment of any sexually oriented business (as defined within Section 8.07.020) within one thousand feet of another sexually oriented business, within six hundred feet of any religious institution, school, boys' club, girls' club, or a public building regularly frequented by children, or public park or public building, or within six hundred feet of any property zoned for residential use or used for residential purposes, or at least one hundred fifty feet from the nearest land designated for the Mountains Conservancy area.
(Ord. 594 § 2(Exh. A),
1994)
Distance between any two sexually oriented businesses shall
be measured in a straight line, without regard to intervening structures,
from the nearest property line to the nearest property line of each
business. The distance between any sexually oriented business and
any religious institution, school, boys' club, girls' club, public
building regularly frequented by children, or public park or public
building or any properties zoned for residential use or used for residential
purposes shall also be measured in a straight line, without regard
to intervening structures or objects from the nearest property line
of the premises where the sexually oriented business is conducted,
to the nearest property line of the premises of a religious institution,
public or private elementary or secondary school, boys' club, girls'
club, or public building regularly frequented by children, or public
park or public building, or designated Mountains Conservancy area,
or the nearest boundary of an affected residential zone or residential
lot.
(Ord. 594 § 2(Exh. A),
1994)
Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Section 8.07.040 et seq. In addition, any sexually oriented business shall be subject to the following restrictions.
A.
The
person commits a misdemeanor, if he operates or causes to be operated
a sexually oriented business outside of the commercial planned development
(CPD) zone and industrial planned development (IPD) zone.
B.
The
person commits a misdemeanor if he operates or causes to be operated
a sexually oriented business within six hundred feet of:
C.
A person
commits a misdemeanor if he operates or causes to be operated a sexually
oriented business within one thousand feet of another such business,
which will include, any adult arcade, adult bookstore, adult video
store, adult cabaret, adult motel, adult motion picture theater, adult
theater, massage parlor or any sexual encounter establishment.
D.
A person
commits a misdemeanor if he causes or permits the operation, establishment
or maintenance of more than one sexually oriented business within
the same building, structure, or portion thereof, or causes the increase
of floor areas of any sexually oriented business in any building,
structure or portion thereof containing another sexually oriented
business.
E.
It is
a defense to prosecution under this section if a person appearing
in a state of nudity did so in a modeling class operated:
1.
By
a proprietary school, licensed by the state of California; a college,
junior college or university supported entirely or partly by taxation;
or
2.
By
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; and
3.
In
a structure:
a.
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing, and
b.
Where, in order to participate in a class a student must enroll at
least three days in advance of the class, and
c.
Where no more than one nude model is on the premises at any one time.
(Ord. 594 § 2(Exh. A),
1994)
A person who operates or causes to be operated a sexually oriented
business without having a valid permit due to locational restrictions
is subject to a suit for injunction as well as prosecution for the
criminal violation. Such violation shall be punishable by a fine of
five hundred dollars and/or thirty days imprisonment, and if an injunction
must be sought, attorneys fees and costs will be assessed at the discretion
of the court against the sexually oriented business.
(Ord. 594 § 2(Exh. A),
1994)
A.
No sexually
oriented business shall be permitted to operate without a valid sexually
oriented business permit issued by the city for the particular type
of business. It is unlawful and a person commits a misdemeanor if
he/she operates or causes to be operated a sexually oriented business
without said permit.
B.
The city manager or his/her designee is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The city manager or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied complies with all locational requirements of Sections 8.07.034 and 8.07.035, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of the ordinance codified in this chapter in the city and the city general plan. In addition:
1.
The
Riverside County sheriff's office is responsible for providing information
on whether an applicant has been convicted of a specified criminal
act during the time period set forth; and
2.
The
city's code enforcement office is responsible for inspecting a proposed,
permitted or nonpermitted sexually oriented business in order to ascertain
whether it is in compliance with applicable statutes and ordinances.
C.
An application
for a permit must be made on a form provided by the city. Any person
desiring to operate a sexually oriented business shall file with the
city an original and two copies of a sworn permit application on the
standard application form supplied by the city or designee.
D.
The
completed application shall contain the following information and
shall be accompanied by the following documents:
1.
If
the applicant is:
a.
An individual, the individual shall state his/her legal name and
any aliases and submit satisfactory proof that he/she is eighteen
years of age,
b.
A partnership, the partnership shall state its complete name, and
the names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any,
c.
A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good
standing under the laws of California, the names and capacity of all
officers, directors and principal stockholders, and the name of the
registered corporate agent and the address of the registered office
for service of process;
2.
If
the applicant intends to operate the sexually oriented business under
a name other than that of the applicant, he must: (1) state the sexually
oriented business's fictitious name, and (2) submit the required documents
to register a fictitious business name;
3.
Whether
the applicant or any of the other individuals listed pursuant to this
subsection has within the two- or five-year period as specified in
Section 8.07.042(C)(l)(i) immediately preceding the date of the application,
been convicted of a specified criminal act or tax violation, and,
if so, the specified criminal act or tax violation involved, the date
of conviction and the place of conviction;
4.
Whether
the applicant or any of the other individuals pursuant to this section
and licenses of this chapter has had a previous permit under this
chapter or other similar ordinances from another city or county denied,
suspended or revoked, including the name and location of the sexually
oriented business for which the permit was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or any other individuals listed pursuant to this section
has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is permitted under this chapter
whose permit has previously been denied, suspended or revoked, including
the name and location of the sexually oriented business for which
the permit was denied, suspended or revoked as well as the date of
denial, suspension or revocation;
5.
Whether
the applicant or any other individual listed pursuant to this section
holds any other permits and/or licenses under this chapter or other
similar sexually oriented business ordinance from another city or
county and, if so, the names and locations of such other permitted
businesses;
6.
The
single classification of permit for which the applicant is filing;
7.
The
location of the proposed sexually oriented business, including a legal
description of the property, street address, and telephone number(s),
if any;
8.
The
applicant's mailing addresses and residential address;
9.
A
recent front-face photograph of the applicant(s);
10.
The applicant's driver's permit number, social security number, and
or his/her state or federally issued tax identification number;
11.
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 it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches;
12.
A current certificate and straight-line drawing prepared within thirty
days prior to application by a California registered land surveyor
depicting the property lines and the structures containing any established
existing uses regulated by this chapter within one thousand feet of
the property to be certified; the property lines of any established
religious institution or synagogue, school or public park or recreation
area within one thousand feet of the property to be certified; and
the property lines of any residentially zoned area or residential
property within one thousand feet of the property to be certified.
For purposes of this subsection, a use shall be considered existing
or established if it is in existence at the time an application is
submitted;
13.
If a person who wishes to operate a sexually oriented business is
an individual, he/she must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a ten percent or
greater interest in the business must sign the application for a permit
as applicant. If a corporation is listed as owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a ten percent or greater interest in the corporation
must sign the application for a permit as applicant;
14.
If a person wishes to operate a sexually oriented business which
shall exhibit on the premises films, video cassettes, video disks
or other video reproductions which depict specified sexual activities
or specified anatomical areas, then said person shall comply with
the application requirements stated in this section;
E.
Applicants
for a permit under this section shall have a continuing duty to promptly
supplement application information required by this section in the
event that said information changes in any way from what is stated
on the application. The failure to comply with said continuing duty
within thirty days from the date of such change, by supplementing
the application on file with the city manager or his/her designee,
shall be grounds for suspension of a permit.
F.
In the
event that the city manager or his/her designee determines or learns
at any time that the applicant has improperly completed the application
for a proposed sexually oriented business, he/she shall promptly notify
the applicant of such fact and allow the applicant ten days to properly
complete the application. (The time period for granting or denying
a permit shall be stayed during the period in which the applicant
is allowed an opportunity to properly complete the application.)
G.
The
applicant must be qualified according to the provisions of this section
and the premises must be inspected and found to be in compliance with
health, fire and building codes and laws.
H.
The
applicant shall be required to pay a nonrefundable application fee
of five hundred dollars at the time of filing an application under
this section.
I.
Prior to obtaining any permit or license to operate any sexually oriented business defined in Section 8.07.020, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business complies with the locational requirements of Sections 8.07.034 and 8.07.035.
J.
The
fact that a person possesses other types of state or city permits
and/or licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business permit.
K.
By applying
for a permit under this section, the applicant shall be deemed to
have consented to the provisions of this chapter and to the exercise
by the city manager or his/her designee, the Riverside County sheriff's
office and all other city agencies charged with enforcing the laws,
ordinances and codes applicable in the city of their respective responsibilities.
(Ord. 594 § 2(Exh. A),
1994)
A.
Upon
receipt of an application properly filed with the city and upon payment
of the nonrefundable application fee, the city or its designee shall
immediately stamp the application as received and shall immediately
thereafter send photocopies of the application to the Riverside County
sheriff's office and any other city departments or other agencies
responsible for enforcement of health, fire and building codes and
laws. Each department or agency shall promptly conduct an investigation
of the applicant, application and the proposed sexually oriented business
in accordance with its responsibilities under law and as set forth
in this chapter. Said investigation shall be completed within twenty
days of receipt of the application by the city or its designee. At
the conclusion of its investigation, each department or agency shall
indicate on the photocopy of the application its approval or disapproval
of the application, date, sign it, and, in the event it disapproves,
state the reasons therefor. The Riverside County sheriff's office
shall only be required to certify the records request check. The Riverside
County sheriff's office shall not be required to approve or disapprove
applications.
B.
A department
or agency shall disapprove an application if it finds that the proposed
sexually oriented business will be in violation of any provision of
any statute, code, ordinance, regulation or other law in effect in
the city. After its indication of approval or disapproval, each department
or agency shall immediately return the photocopy of the application
to the city or its designee.
(Ord. 594 § 2(Exh. A),
1994)
A.
The
city manager or his/her designee, shall grant or deny an application
for a permit within thirty days from the date of its proper filing.
Upon the expiration of the thirtieth day, unless the applicant requests
and is granted a reasonable extension of time, the applicant shall
be permitted to begin operating the business for which the permit
is sought, unless and until the city or its designee notifies the
applicant of a denial of the application and states the reason(s)
for that denial.
B.
Grant
of Application for Permit.
1.
The city manager or his/her designee, shall grant the application unless one or more of the criteria set forth in subsection C of this section. (Denial of application for permit) below is present.
2.
The
permit, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. The permit shall also indicate
that the sexually oriented business whether permitted or not may be
subject to prohibitions against public nudity and indecency pursuant
to the United States Supreme Court decision in Barnes v. Glen Theatre,
Inc., 111 S. Ct. 2456, 115L. Ed 2d 504 (June 21, 1991) and any applicable
California statutes. The permit shall be posted in a conspicuous place
at or near the entrance to the sexually oriented business so that
it can be easily read at any time.
C.
Denial
of Application for Permit.
1.
The
city manager or his/her designee, shall deny the application for any
of the following reasons:
a.
An applicant is under eighteen years of age.
b.
An applicant or an applicant's spouse is overdue on his/her payment
to the city of taxes, fees, fines, or penalties assessed against him/her
or imposed upon him/her in relation to a sexually oriented business.
c.
An applicant has failed to provide information required by this section
or permit application for the issuance of the permit or has falsely
answered a question or request for information on the application
form.
d.
The premises to be used for the sexually oriented business have not
been approved as being in compliance with health, fire and building
codes by the department or agency responsible under law for investigating
said compliance.
e.
The required application or permit fees have not been paid.
g.
The granting of the application would violate a statute, ordinance
or court order.
h.
The applicant has a permit under this chapter which has been suspended
or revoked.
i.
An applicant has been convicted of a specified criminal act for which:
i.
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
act;
ii.
Less than five 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
act;
iii.
Less than five 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 occurring within any twenty-four-month period;
iv.
The fact that a conviction is being appealed shall have no effect
on disqualification of the applicant;
j.
The applicant has not obtained a city business license.
2.
If
the city manager or his/her designee denies the application, he/she
shall notify the applicant of the denial and state the reason(s) for
the denial.
3.
If
a person applies for a permit for a particular location within a period
of twelve months from the date of denial of a previous application
for a permit at the location, and there has not been an intervening
change in the circumstances which could reasonably be expected to
lead to a different decision regarding the former reasons for denial,
the application shall be denied.
(Ord. 594 § 2(Exh. A),
1994)
The annual fee for a sexually oriented business permit is eight
hundred fifty dollars.
(Ord. 594 § 2(Exh. A),
1994)
A.
An applicant
or permittee shall permit representatives of the code enforcement
office, the county health department, and the fire department to inspect
the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is occupied or open for business.
B.
It is
unlawful and a person who operates a sexually oriented business, regardless
of whether or not a permit has been issued for said business under
this chapter or his/her agent or employee commits a misdemeanor if
he/she refuses to permit such lawful inspection of the premises at
any time that it is occupied or open for business.
(Ord. 594 § 2(Exh. A),
1994)
A.
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 8.07.040(D). (For renewals, filing of original survey shall be sufficient.) Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the permit will not be affected.
B.
When
the city manager or his/her designee denies renewal of the permit,
the applicant shall not be issued a permit under this chapter for
one year from the date of denial. If, subsequent to denial, the city
or its designee finds that the basis for denial of the renewal of
the permit has been corrected, the applicant shall be granted a permit
if at least ninety days have elapsed since the date denial became
final.
(Ord. 594 § 2(Exh. A),
1994)
A.
The
city manager or his/her designee shall suspend a permit for a period
not to exceed thirty days if he/she determines that a permittee, or
an employee of a permittee, has:
1.
Violated
or is not in compliance with any section of this chapter; or
2.
Engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises; or
3.
Refused
to allow an inspection of sexually oriented business premises as authorized
by this chapter; or
4.
Knowingly
permitted illegal gambling by any person on the sexually oriented
business premises; or
5.
Operated
the sexually oriented business in violation of a building, fire, health
or zoning statute, code, ordinance or regulation, whether federal,
state or local, said determination being based on investigation by
the division, department or agency charged with enforcing said rules
or laws. In the event of such statute, code, ordinance or regulation
violation, the city or its designee, shall promptly notify the permittee
of the violation and shall allow the permittee a seven-day period
in which to correct the violation. If the permittee fails to correct
the violation before the expiration of the seven-day period, the city
or its designee, shall forthwith suspend the permit and shall notify
the permittee of the suspension; or
6.
Engaged in permit transfer contrary to Section 8.07.060. In the event that the city or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to Section 8.07.060, the city manager or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable provisions of said section have been satisfied; or
8.
Not
maintained a current city business license.
B.
The
suspension shall remain in effect until the violation of the statute,
code, ordinance or regulation in question has been corrected.
(Ord. 594 § 2(Exh. A),
1994)
A.
The city manager or his/her designee shall revoke a permit if a cause of suspension in Section 8.07.053 occurs and the permit has been suspended within the preceding twelve months.
B.
The
city manager or his/her designee, shall revoke a permit upon determining
that:
1.
A
permittee gave false or misleading information in the material submitted
during the application process that tended to enhance the applicant's
opportunity for obtaining a permit; or
2.
A
permittee or an employee has knowingly allowed possession, use or
sale of controlled substances on the premises; or
3.
A
permittee or an employee has knowingly allowed prostitution on the
premises; or
4.
A
permittee or an employee knowingly operated the sexually oriented
business during a period of time when the permittee's permit was suspended;
or
5.
A permittee has been convicted of a specified criminal act for which the time period required in Section 8.07.042 has not elapsed; or
6.
On
two or more occasions within a twelve-month period, a person or persons
committed an offense, occurring in or on the permitted premises, constituting
a specified criminal act for which a conviction has been obtained,
and the person or persons were employees of the sexually oriented
business at the time the offenses were committed. The fact that a
conviction is being appealed shall have no effect on the revocation
of the permit; or
7.
A
permittee is convicted of tax violations related to a sexually oriented
business; or
8.
A
permittee or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or any other specified sexual
activities to occur in or on the permitted premises; or
9.
Operating
more than one sexually oriented business under a single roof.
C.
When
the city manager or his/her designee, revokes a permit, the revocation
shall continue for one year and the permittee shall not be issued
a sexually oriented business permit for one year from the date revocation
became effective. If, subsequent to revocation, the city manager or
his/her designee finds that the basis for revocation under this section
has been corrected, the applicant shall be granted a permit if at
least ninety days have elapsed since the date revocation became effective.
If the permit was revoked under this section, an applicant may not
be granted another permit until the number of years required under
this section have elapsed.
(Ord. 594 § 2(Exh. A),
1994)
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt judicial review of such administrative action through the city council. Within ten days of the date of denial, suspension or revocation, the applicant or permittee may appeal the decision to city council. Such appeal shall be in writing and shall be filed with the city clerk with payment of the prevailing standard appeal processing fee. At a regular meeting of the city council not more than thirty days thereafter, it shall proceed to hear and act upon the appeal. If the denial, suspension or revocation is affirmed upon city council review, the administrative action may be promptly reviewed by a court of law pursuant to Chapter 2.72 of the city code and state law.
(Ord. 594 § 2(Exh. A),
1994)
A.
A permittee
shall not operate a sexually oriented business under the authority
of a permit at any place other than the address designated in the
application for permit.
B.
A permittee
shall not transfer his/her permit to another person unless and until
such other person satisfies the following requirements:
1.
Obtains an amendment to the permit from the city manager or his/her designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city manager or his/her designee, setting forth the information called for under Section 8.07.040 in the application; and
C.
No permit
may be transferred when the city manager or his/her designee has notified
the permittee that suspension or revocation proceedings have been
or will be brought against the permittee.
D.
A permittee
shall not transfer his permit to another location.
E.
Any
attempt to transfer a permit either directly or indirectly in violation
of this section is declared void and the permit shall be deemed revoked.
(Ord. 594 § 2(Exh. A),
1994)
A.
A person
who operates or causes to be operated a sexually oriented business,
other than a sexually oriented motel/hotel and regardless of whether
or not a permit has been issued to said business under this chapter,
which exhibits on the premises in a viewing room of less than one
hundred fifty square feet of floor space, a film, video cassette,
video disk, or other video reproduction which depicts specified sexual
activities or specified anatomical areas, shall comply with the following
requirements:
1.
Upon
application for a sexually oriented business permit the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations, the location
of all overhead lighting fixtures and designating any portion of the
premises in which patrons will not be permitted. A manager's station
may not exceed thirty-two square feet of floor area with no dimensions
greater than eight feet. The diagram shall also designate the place
at which this permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale with marked dimensions sufficient to show the
various internal dimension of all areas of the interior of the premises
to an accuracy of plus or minus six inches. The city manager or his/her
designee, may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared.
2.
The
application shall be sworn to be true and correct by the applicant.
3.
No
alteration in the configuration or location of a manager's station
may be made without the prior approval of the city or its designee.
4.
It
is the duty of the owners and operator of the premises to insure that
at least one employee is on duty and situated at each manager's station
at all times that any patron is present inside the premises.
5.
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager's station of every area
of the premises to which any patron is permitted access for any purpose,
excluding rest rooms. Rest rooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station.
6.
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in subsection (A)(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (A)(1) of this section.
7.
No
viewing room may be occupied by more than one person at any one time.
8.
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access and an illumination of not less than two foot candle as measured
at the floor level.
9.
It
shall be the duty of the owners and operator and it shall also be
the duty of any agents and employees present on the premises to insure
that the illumination described above is maintained at all times that
any patron is present on the premises.
(Ord. 594 § 2(Exh. A),
1994)
It is unlawful and a person commits a misdemeanor if he/she
operates or causes to be operated a sexually oriented business, regardless
of whether or not a permit has been issued for said business under
this chapter, and knowingly or with reasonable cause to know, permit,
suffer or allow:
A.
Admittance
of a person under eighteen years of age to the business premises unless
accompanied by a parent or guardian; or
B.
A person
under eighteen years of age to remain at the business premises unless
accompanied by a parent or guardian; or
C.
A person
under eighteen years of age to purchase goods or services at the business
premises without the specific consent of a parent or guardian; or
D.
A person
who is under eighteen years of age to work at the business premises
as an employee; or
E.
If the
interior of the premises is visible from outside the premises, so
that any matter that is harmful to minors is visible from outside
the premises, the owner or manager of the premises shall do either
of the following to prevent such visibility to minors:
1.
Cover
all such harmful matter with blinder racks so that the lower two-thirds
of all such material is not exposed to view or display pursuant to
California Penal Code Section 313(d); or
2.
Install
opaque covering over all windows through which minors could view any
harmful matter and install a privacy curtain at all entrances of the
premises through which minors could view any harmful matter.
(Ord. 594 § 2(Exh. A),
1994)
A.
It is
unlawful and a person commits a misdemeanor if he/she operates or
causes to be operated a sexually oriented business, regardless of
whether or not a permit has been issued for said business under this
chapter, and advertises the presentation of any activity prohibited
by any applicable state statute or local ordinance.
B.
It is
unlawful and a person commits a misdemeanor if he/she operates or
causes to be operated a sexually oriented business, regardless of
whether or not a permit has been issued for said business under this
chapter, and displays or otherwise exhibits the materials and/or performances
at such sexually oriented business in any advertising. This prohibition
shall not extend to advertising of the existence or location of such
sexually oriented business.
C.
The
use shall have a separate business entrance adjacent to the required
parking area and no other nonadult use shall be permitted in the same
building space with a sexually oriented business.
D.
All
signing and architectural graphics shall comply with the provisions
of Title 17 of this code.
E.
Maximum
occupancy load, fire exits, aisles, and fire equipment shall be regulated,
designed and provided in accordance with the fire department and building
and safety division regulations and standards.
F.
No loudspeakers
or sound equipment shall be used by an adult entertainment establishment
for the amplification of sound to a level discernible by the public
beyond the walls of the building in which such use is conducted.
G.
The
building entrance to the adult use shall be clearly and legibly posted
by a notice indicating that minors are precluded from entering the
premises unless accompanied by a parent or guardian.
H.
The
permit required by this chapter shall be displayed in a prominent
area.
I.
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. This 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.
J.
Nothing
contained in this section shall relieve the operator(s) of a sexually
oriented business from complying with the requirements of this chapter
as it may be amended from time to time, or any other existing or subsequently
enacted city ordinances or regulations.
(Ord. 594 § 2(Exh. A),
1994)
A.
It is
unlawful and a person commits a misdemeanor if he/she operates or
causes to be operated a sexually oriented business, regardless of
whether or not a permit has been issued for said business under this
chapter, and allows such business to remain open for business, or
to permit any employee to engage in a performance, solicit a performance,
make a sale, solicit a sale, provide a service, or solicit a service,
between the hours of one a.m. and nine a.m. of any particular day.
B.
It is
unlawful and a person commits a misdemeanor if, working as an employee
of a sexually oriented business, regardless of whether or not a permit
has been issued for said business under this chapter, said employee
engages in a performance, solicits a performance, makes a sale, solicits
a sale, provides a service, or solicits a service between the hours
of one a.m. and nine a.m. of any particular day.
(Ord. 594 § 2(Exh. A),
1994)
It is declared that Sections 318.5, 318.6 and 314 of the California
Penal Code and the United States Supreme Court decision in Barnes
v. Glen Theatre, Inc., _____U.S. _____, Ill S. Ct. 2456, (June 21,
1991), prohibiting nudity, specifically applies to sexually oriented
businesses (regardless of whether or not a permit has been issued
for said business under this chapter), including said businesses where
no alcoholic beverages are sold, served or consumed at the premises.
(Ord. 594 § 2(Exh. A),
1994)
In addition to the criminal provisions found in other sections
of this chapter, the following additional criminal provisions shall
also apply to sexually oriented businesses. It is unlawful and a person
commits a misdemeanor if he/she operates or causes to be operated
a sexually oriented business, regardless of whether or not a permit
has been issued for said business under this chapter, and said person
knows or should know that:
A.
The
business does not have a sexually oriented business permit under this
chapter for any applicable classification;
B.
The
business has a permit which is under suspension;
C.
The
business has a permit which has been revoked; or
D.
The
business has a permit which has expired.
(Ord. 594 § 2(Exh. A),
1994)
A.
It is
a defense to prosecution for any violation of this chapter that a
person appearing in a state of nudity did so in a modeling class operated:
1.
By
a college, junior college or university supported entirely or partly
by taxation; or
2.
By
a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; and
3.
In
a structure:
a.
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing, and
b.
Where, in order to participate in a class a student must enroll at
least three days in advance of the class, and
c.
Where no more than one nude model is on the premises at any one time.
B.
It is
a defense to prosecution for a violation of this chapter that an employee
of a sexually oriented business, regardless of whether or not it is
permitted under this chapter, exposed any specified anatomical area
during the employee's bona fide use of a rest room, or during the
employee's bona fide use of a dressing room which is accessible only
to employees.
(Ord. 594 § 2(Exh. A),
1994)
In addition to whatever penalties are applicable under the California
Penal Code, if any person fails or refuses to obey or comply with
or violates any of the criminal provisions of this chapter, such person
upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed five hundred dollars
or by imprisonment not to exceed sixty days in the Riverside County
jail, or both, in the discretion of the court. Each violation or noncompliance
shall be considered a separate and distinct offense. Further, each
day of continued violation or non-compliance shall be considered as
a separate offense. Nothing herein contained shall prevent or restrict
the city from taking such other lawful action in any court of competent
jurisdiction as is necessary to prevent or remedy any violation or
noncompliance. Such other lawful actions shall include, but shall
not be limited to, an equitable action for injunctive relief or an
action at law for damages. All remedies and penalties provided for
in this section shall be cumulative and independently available to
the city and the city shall be authorized to pursue any and all remedies
set forth in this section to the full extent allowed by law.
(Ord. 594 § 2(Exh. A),
1994)
The city and its designee, the Riverside County sheriff's office
and all other departments and agencies, and all other city officers,
agents and employees, charged with enforcement of state and local
laws and codes shall be immune from prosecution, civil or criminal,
for reasonable, good faith trespass upon a sexually oriented business
while acting within the scope of authority conferred by this chapter.
(Ord. 594 § 2(Exh. A),
1994)
