It is the purpose of this chapter to regulate adult-oriented
businesses in order to promote the health, safety, morals, and general
welfare of the citizens of the city. The provisions of this chapter
have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including adult-oriented
materials. Similarly, it is not the intent nor effect of this chapter
to restrict or deny access by adults to adult-oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of adult-oriented entertainment to their intended market.
Neither is it the intent nor effect of this chapter to condone or
legitimize the distribution of obscene material.
(Ord. 1275 § 3, 2000)
For the purposes of this chapter the following words and phrases
shall have the meanings as defined herein:
“Adult-oriented business operator” (hereinafter
“operator”)
means a person who supervises, manages, inspects, directs,
organizes, controls or in any other way is responsible for or in charge
of the premises of an adult-oriented business or the conduct or activities
occurring on the premises thereof.
“Applicant”
means a person who is required to file an application for
a permit under this chapter, including an individual owner, a managing
partner, officer of a corporation, or any other operator, a manager,
employee, or agent of an adult-oriented business.
“Bar”
means any commercial establishment licensed by the State
Department of Alcoholic Beverage Control to serve any alcoholic beverages
on the premises.
“Fire chief”
means the fire chief of the city of South San Francisco or
his or her duly authorized representative.
“Operate an adult-oriented business”
means the supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult-oriented business or activities
within an adult-oriented business.
“Outcall service activity”
means any establishment, business or person that provides
an outcall service consisting of individuals leaving a premises upon
request or by appointment to visit other premises for a period of
time for the purpose of providing any service during which time specified
anatomical areas are displayed specified sexual activities occur,
or semi-nude live performances or activities occur.
“Permittee”
means the person to whom an adult-oriented business permit
is issued.
“Person”
means any individual, partnership, copartnership, firm, association,
joint stock company, corporation, or combination of the above in whatever
form or character.
“Police chief”
means the police chief of the city of South San Francisco
or the authorized representatives thereof.
“Public nudity or a state of public nudity”
means the showing of the human male or female genitals, pubic
area, or buttocks with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of the covered male genitals in
a discernible turgid state.
“Specified anatomical areas”
shall have that meaning given in Section 20.110.020 of the
municipal code. The term “specified sexual activities”
as used in this chapter shall have that meaning given in Section 20.110.020
of the municipal code.
(Ord. 1275 § 3, 2000)
The police chief shall deny the application for any of the following
reasons:
(a) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire, security, and safety laws of the city and the state of California, or with the locational standards, of Chapter
20.110 or the development and performance standards and requirements of this code.
(b) The applicant, his or her employee, agent, partner, director, officer,
shareholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for an adult-oriented
business regulatory permit.
(c) An applicant is under eighteen years of age.
(d) The required application fees have not been paid.
(f) An applicant seeks to engage in outcall service activity.
(g) An applicant has violated any provision of this chapter in the past or during the probationary period specified in Section
10.60.030(b). Said violation shall be grounds to deny any subsequent applications made under this chapter by the applicant.
(Ord. 1275 § 3, 2000)
Each adult-oriented business performer permit shall expire one
year from the date of issuance and may be renewed only by filing with
the police chief a written request for renewal, accompanied by the
application fee and a copy of the permit to be renewed. The request
for renewal shall be made at least thirty days before the expiration
date of the permit. When made less than thirty days before the expiration
date, the expiration of the permit will not be stayed. Applications
for renewal shall be acted on as provided herein for application for
permits. No renewal shall be granted if the permit has been previously
revoked, suspended, or if action is pending that may result in the
permit being revoked or suspended. In the event that the police chief
neither grants or denies the application for a permit, the applicant
shall be deemed to have been granted a permit on the sixteenth day
following the submission of a completed application and shall be required
to renew this permit in conformance with this section.
(Ord. 1275 § 3, 2000)
An adult-oriented business regulatory permit or adult-oriented
business performer permit may be suspended or revoked in accordance
with the procedures and standards of this section.
(a) On determining that grounds for permit revocation or suspension exist,
the police chief 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 or grounds upon which the hearing
is based, the pertinent code sections, and a brief statement of the
factual matters in support thereof. The notice shall be mailed, by
certified mail, return receipt requested, postage prepaid, addressed
to the last known address of the permittee, or shall be delivered
to the permittee personally, at least ten days prior to the hearing
date. Hearings shall be conducted in accordance with procedures established
by the police chief, but at a minimum shall include the following:
(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The police chief’s decision may be appealed in accordance with Section
10.60.060.
(b) A permittee may be subject to suspension or revocation of an adult-oriented
business regulatory permit, or be subject to other appropriate disciplinary
action, arising from the acts or omissions of the permittee, or an
employee, agent, partner, director, stockholder, or manager of an
adult-oriented business and a permittee may be subject to suspension
or revocation of an adult-oriented business performer permit or be
subject to other appropriate disciplinary action arising from the
acts or omissions of the permittee for any of the following causes:
(1) The permittee has knowingly made any false, misleading, incomplete
or fraudulent statement of material facts in the application for a
permit, or in any report or record required to be filed with the city;
(2) The permittee, employee, agent, partner, director, stockholder, or
manager of an adult-oriented business has knowingly allowed or permitted,
and has failed to make a reasonable effort to prevent the occurrence
of any of the following on the premises of the adult-oriented business,
or in the case of an adult-oriented business performer, the permittee
has engaged in one of the activities described below while on the
premises of an adult-oriented business:
(A) Any specified sexual activity,
(B) Use of the establishment as a place where unlawful solicitations
for sexual intercourse, sodomy, oral copulation or masturbation occur,
(C) Any conduct constituting a criminal offense which requires registration
under Section 290 of the California
Penal Code or Section 11590 of
California
Health and Safety Code,
(D) The occurrence of acts of lewdness, assignation, solicitation, or
prostitution, including any conduct constituting violations of Sections
315, 316, or 318 or subdivision (b) of Section 647 of the California
Penal Code,
(E) Any act constituting a violation of provisions in the California
Penal Code relating to obscene matter or obscene live conduct or distribution
of harmful matter to minors, including, but not limited to, Sections
311 through 313.4,
(F) Any conduct prohibited by this chapter;
(3) Failure to abide by a disciplinary action previously imposed by an
appropriate city official.
(c) After holding the hearing in accordance with the provisions of this
section, if the police chief finds and determines that there are grounds
for disciplinary action, based upon the severity of the violation,
the police chief shall impose one of the following:
(2) Amendment of the conditions of the adult-oriented business regulatory permit pursuant to Section
10.60.065(m);
(3) Suspension of the permit for a specified period not to exceed six
months;
(4) Revocation of the permit.
(Ord. 1275 § 3, 2000)
After denial of an application for an adult-oriented business
regulatory permit or an adult-oriented business performer permit,
or after denial of renewal of a permit, or suspension or revocation
of a permit, the applicant or person to whom the permit was granted
may appeal through the following procedures:
(a) The applicant shall file a written request for an appeal hearing,
which states the specific grounds on which the decision of the police
chief to deny, suspend, or revoke the permit is contested, within
ten calendar days after service of the notice of the written decision,
by deposit of the notice, addressed to the police chief, by certified
mail and/or by hand delivery. At the time of submitting the written
request for an appeal hearing, the appellant shall pay an appeal hearing
fee, set forth in the city’s master fee schedule, to help defray
in part the additional cost to the city. If the applicant or person
to whom the permit was granted does not request an appeal hearing
within the ten-day period, no further notice is required and the action
will become final.
(b) An appeal hearing shall be conducted according to the provisions of Chapter
1.28 of this code.
(c) All appeals shall be to the city manager whose decision shall be
final.
(d) The decision of the city manager shall inform the applicant of the
right to a prompt judicial review pursuant to Section 1094.8 of the
California
Code of Civil Procedure and that any judicial action appealing
the city manager’s decision shall be commenced within twenty
calendar days of the date of the service of the decision.
(Ord. 1275 § 3, 2000)
Every permittee of an adult-oriented business that provides
live entertainment subject to this chapter must maintain a register
of all persons so performing on the premises and their permit numbers.
Such register shall be available for inspection during regular business
hours by any employee of the city.
(Ord. 1275 § 3, 2000)
An applicant or permittee shall permit representatives of any
city department or county agency to inspect the premises of an adult-oriented
business for the purpose of insuring compliance with the law applicable
to adult-oriented businesses, at any time it is occupied or opened
for business. A person who operates an adult-oriented business or
agent or employee is in violation of the provision of this section
if he/she refuses to permit such lawful inspection of the premises
at any time it is occupied or open for business.
(Ord. 1275 § 3, 2000)
The provisions of this chapter regulating adult-oriented businesses
are not intended to be exclusive and compliance therewith shall not
excuse noncompliance with any other regulations pertaining to the
operation of businesses as adopted by the city council of the city.
(Ord. 1275 § 3, 2000)
It is unlawful for any owner, operator, manager, or permittee
in charge of or in control of an adult-oriented business which provides
live entertainment subject to this chapter to allow any person to
perform such entertainment who is not in possession of a valid, unsuspended
or unrevoked adult-oriented business performer permit or to allow
any person to engage in live semi-nude performances, activities depicting
specified sexual activities, or exposure of specified anatomical areas.
(Ord. 1275 § 3, 2000)
If ambiguity arises concerning the content or application of this chapter, it shall be the duty of the police chief to ascertain all pertinent facts and interpret this chapter. An interpretation by the police chief may be appealed to the city manager in accordance with Chapter
1.28 of the municipal code. The city manager’s interpretation shall be considered final.
(Ord. 1275 § 3, 2000)
The provisions of this chapter shall be in addition to those provisions of Chapter
20.110 of this code.
(Ord. 1275 § 3, 2000)