The purpose of this chapter is to provide criteria to safeguard
property, safety, public welfare and the preservation of the peace
of the community. It is the intent of the council that the operation
of adult motion picture/video arcade, adult motion picture/video peep
shows, and sexual encounter establishments as defined herein, should
be regulated to minimize any detrimental effects upon adjacent land
uses, including minimizing incidents of lewd conduct.
(Ord. 5972 § 5, 9-14-2021)
"Peep show" or "video arcade device"
means any electronically, electrically or mechanically controlled still or motion picture machine, projector or video tape machine, or other image-producing device which is operated by coin, slug, token or payment of a fee for the privilege of operating same, and which shows still or motion pictures, or video tape pictures, to five or fewer persons at any one time. It does not include a video game or similar electronic device which displays a computer-created image on a screen or any similar game of skill or amusement as defined in Section
5.16.010.
"Adult business,"
for purposes of this chapter means the operation of any adult
motion picture/video arcade, adult motion picture/video peep show,
or sexual encounter establishment.
(Ord. 5972 § 5, 9-14-2021)
A. No person
shall operate an adult business without first obtaining an adult business
license from the city.
B. Any person wishing to obtain an adult business license shall file an application according to requirements and procedures in Section
5.04.050.
(Ord. 5972 § 5, 9-14-2021)
An application for an adult business license shall include the
following additional information:
A. The
business occupation or employment of the applicant(s) for the three
years immediately preceding the date of application.
B. The
business license or permit history of the applicant(s) which includes
whether the applicants were previously granted or denied an adult
business license in this or another city or state, has had such a
license or permit revoked or suspended, and the reason therefor.
C. All
convictions and reasons therefor of the applicant(s).
D. The
specific type of business use to be provided.
E. Applicant(s)
shall provide necessary fingerprints and photographs to enable the
police division to conduct an investigation as required.
F. In the event that the applicant(s) are other than natural persons, each and every officer and board member of the organization shall provide the information specified in subsections
A through
F of this section.
(Ord. 5972 § 5, 9-14-2021)
A. An application for an adult business license may be denied according to Section
5.04.050, and an adult business license may be suspended or revoked according to Section
5.04.100.
B. Any person aggrieved by an action of the director pursuant to the provision of this chapter may appeal following the procedures in Section
5.04.110.
(Ord. 5972 § 5, 9-14-2021)
A. No person
or corporation shall operate an adult motion picture/video arcade
or adult motion picture/video peep show unless any wall or partition
which is situated so as to create a room, enclosure or booth, in which
any peep show or video arcade device is located, is constructed or
maintained of not less than one-hour fire-resistive material in accordance
with the Glendale building and safety code.
B. No person
or corporation shall operate an adult motion picture/video arcade
or adult motion picture/video peep show in which the width of the
aisles in any room where a peep show or arcade device is located is
less than 42 inches.
C. No person
or corporation shall operate an adult motion picture/video arcade
or adult motion picture/video peep show unless there are no fewer
than two doorways of a width not less than 36 inches and a height
not less than six feet, eight inches which provide ingress or egress
from any room in which a peep show or video arcade device is located.
All such doorways shall be unlocked during business hours and shall
be operable from the inside without the use of a key, special knowledge
or effort.
D. No adult
motion picture/video arcade or adult motion picture/video peep show
shall be maintained or operated unless the complete interior of the
location where the pictures are viewed is visible upon entrance to
such adult motion picture/video arcade or adult motion picture/video
peep show. No fully concealed booths shall be maintained.
E. No person
shall operate an adult motion picture/video arcade or adult motion
picture/video peep show unless a light level of no less than two footcandles
at floor level is maintained in every portion of such establishment
to which patrons, users or visitors to the establishment are admitted.
F. Any
adult motion picture/video arcade or adult motion picture/video peep
show lawfully in existence prior to the adoption of this section,
shall conform to the provisions of this section within three months
of the effective date of the ordinance codified in this chapter. This
section shall be applicable to any adult motion picture/video arcade
or adult motion picture/video peep show establishment for which a
building permit to construct or maintain booths, is issued subsequent
to the effective date of this section.
(Ord. 5972 § 5, 9-14-2021)
Sexual encounter establishments shall do the following:
A. Provide
patrons entering the premises with information regarding those activities
which are prohibited on the premises and have them sign a form acknowledging
that they have been informed of the restrictions.
B. Provide
lighting throughout the facility at an intensity of at least one and
one-half (1.5) footcandle.
C. Maintain
every room and booth located in an accessible area in such a way that
the entire interior portion is visible from the exterior of the room
or booth.
D. Prohibit
any locked rooms or booths in areas which are accessible to those
who have entered the establishment.
E. Prohibit
the admission of persons or employment of persons under the age of
18.
(Ord. 5972 § 5, 9-14-2021)
No person permitted to operate an adult business shall operate
under any name or conduct his or her business under any designation
not specified in his or her permit.
(Ord. 5972 § 5, 9-14-2021)