It is the purpose 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. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. 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.
(Ord. 1083 § 3, 1997)
As used in this chapter, the following words and phrases shall be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
"Applicant"
means a person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a sexually oriented business.
"Distinguished or characterized by an emphasis upon"
means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
"Figure model"
means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
"Nude," "nudity" or "state of nudity"
means the showing of the human male or female genitals, pubic area, or anus region 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.
"Operate a sexually 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 a sexually oriented business or activities within a sexually oriented business.
"Permittee"
means any person in whose name a sexually oriented business or performer permit has been issued, as well as the individual(s) listed as an applicant(s) on the application for a permit.
"Person"
means any individual, proprietorship, partnership, corporation, association, or other legal entity.
"Regularly features,"
with respect to a sexually oriented theater or sexually oriented cabaret, means a regular and substantial course of conduct.
The fact that live performances or features which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a thirty-day period; three or more occasions within a sixty-day period; or four or more occasions within a one hundred eighty-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
"Semi-nude"
means a state of dress in which clothing covers no more than the genitals, pubic area, anus region, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
"Sexually oriented businesses"
means any establishment that has twenty percent or more of its stock in trade which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or any establishment which offers to its patrons services or entertainment distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. Sexually oriented businesses include, but are not limited to, the following:
1. 
"Sexually oriented arcade"
means an establishment where, for any form of consideration, one or more still or motion picture projectors, or other similar machines or technology, for viewing by five or fewer persons each, regularly features and are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic or electronic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. 
"Sexually oriented bookstore"
means an establishment that has twenty percent or more of its stock in trade books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.
3. 
"Sexually oriented cabaret"
means a nightclub, restaurant, or similar business establishment which:
a. 
Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
b. 
Which regularly features persons who appear semi-nude; and/or
c. 
Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. 
"Sexually oriented hotel/motel"
means a hotel or motel or similar establishment offering public accommodations for any form of consideration which:
a. 
Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides, or other photographic or electronic reproductions which are distinguished or characterized by an emphasis upon 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. 
Rents, leases, or lets any single guest room for less than a ten hour period, or rents, leases, or lets any single guest room more than twice in a twenty-four hour period; or
c. 
Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
5. 
"Sexually oriented modeling studio"
means an establishment which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."
6. 
"Sexually oriented motion picture theater"
means an establishment which, for any form of consideration, regularly features films, computer generated images, motion pictures, video cassettes, slides or similar photographic or electronic reproductions of which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
7. 
"Sexually oriented theater"
means an establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.
"Sexually 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 a sexually oriented business or the conduct or activities occurring on the premises thereof.
"Specified anatomical areas"
means and includes any of the following:
1. 
Less than completely and opaquely covered human (i) genitals or pubic region; (ii) anus region; and (iii) female breast below a point immediately above the top of the areola;
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. 
Any device, costume or covering that simulates any of the body parts included in subdivision 1 or 2 of this subsection.
"Specified sexual activities"
means and includes any of the following, whether performed directly or indirectly through clothing or other covering:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
2. 
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the other activities described in subdivisions 1 through 3 of this subsection.
(Ord. 1083 § 3, 1997)
A. 
Permit Required. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of San Dimas, the operation of a sexually oriented business unless the person first obtains and continues to maintain in full force and effect a sexually oriented business permit pursuant to this chapter. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business permit.
B. 
Application. Every person who proposes to maintain, operate or conduct a sexually oriented business shall file an application with the business license collector and administrator upon a form provided by the office of the business license collector and administrator. The application shall include the following:
1. 
The legal name, aliases and residential address (other than post office box) of the applicant.
2. 
The complete name and business address of the applicant.
a. 
If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. The applicant shall provide the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the name and residence address of each of the officers and directors and each stockholder owning no less than ten percent of the stock of the corporation in addition to the name of the registered corporate agent and the address of the registered office for service of process.
b. 
If the applicant is a partnership, whether the partnership is general or limited, the application shall show the name and residence address of each of the partners and a copy of the partnership agreement, if any.
c. 
If the sexually oriented business is owned or operated by an individual, he/she must sign the application for a permit as applicant. If the sexually oriented business is owned or operated by 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 the sexually oriented business is owned or operated by a corporation, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant.
3. 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually oriented business and show proof of registration of the fictitious name.
4. 
The applicant's drivers license number, social security number and state or federally issued tax identification number.
5. 
The applicant's fingerprints on a form provided by and in a manner prescribed by the city's law enforcement agency and a two-inch by two-inch (minimum size) portrait photograph of the applicant(s), taken within the sixty days immediately prior to the date the application is filed. Any fees for the fingerprints and photographs shall be paid by the applicant(s).
6. 
The address to which notice of action on the application is to be mailed.
7. 
A description of the type of sexually oriented business for which the permit is requested, the hours of operation, and the proposed address where the sexually oriented business will operate, plus the names and addresses of the owners and lessors of the sexually oriented business site.
8. 
The name of the person(s) who will be the operator of the business as well as all employees, independent contractors, and other persons who will perform at the sexually oriented business who are required by Section 5.110.040 to obtain a sexually oriented performer license.
9. 
A declaration as to whether the applicant or any of the other individuals listed pursuant to this section, has, within the two-year or five-year period as specified in subsection (C)(4)(j) of this section immediately preceding the date of the application, been convicted of a "specified criminal act," and, if so, the "specified criminal act" involved, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction.
10. 
A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
11. 
A map or drawing prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and: (1) the property line of any other sexually oriented business within five hundred feet of the nearest point of the building or tenant space of the sexually oriented business for which a permit is requested; (2) the property lines of any church, school, park, youth organization, or residential zone within five hundred feet of the nearest point of the building or tenant space of the sexually oriented business; and (3) the right-of-way of any major arterial or freeway within two hundred feet of the nearest point of the building or tenant space in which the sexually oriented business is or will be located.
12. 
A diagram of the off-street parking areas and premises entries of the sexually oriented business showing location of the lighting system required by this chapter.
13. 
A detailed security plan that describes measures that will be implemented to provide adequate security both within the interior and exterior premises of the business.
14. 
For a renewal application, the applicant in addition shall indicate any changes since the filing of the initial application.
15. 
Authorization by the applicant to the city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.
16. 
An application fee as shall from time to time be established by resolution of the city council as being necessary to defray the costs of the city incidental to processing the application.
C. 
Disposition of Application.
1. 
Incomplete or Inadequate Applications. If the business license collector and administrator determines an application submittal is incomplete or inadequate, the business license collector and administrator shall notify the applicant of this fact within five working days. The time limit for action on the application shall cease to be in effect upon notice of an incomplete or inadequate application and resubmittals thereof.
2. 
Investigation and Action on Application. All applications for a permit or renewal shall be filed with the business license collector and administrator and shall be subject to investigation by the city law enforcement agency and a report by the director of community development. Within twenty working days of receipt of a completed application, the business license collector and administrator shall complete the investigation. Within five working days thereafter, the business license collector and administrator shall grant or deny the application and so notify the applicant. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
3. 
Approval of Application. The business license collector and administrator shall grant the application and issue the sexually oriented business permit unless the application is denied for one or more of the findings set forth in the following subsection.
4. 
Denial of Application. The business license collector and administrator shall deny the application if any one or more of the following findings are made:
a. 
The building, structure, equipment, or location to be used by the sexually oriented business do not comply with the health, fire, building or safety laws of the state of California or the city of San Dimas.
b. 
The use is not permitted in the zone in which it is proposed to be located or is not in conformity with the applicable locational or development standards set forth in the city zoning ordinances.
c. 
The premises to be used for sexually oriented business does not comply with the facility development and performance standards set forth in subsection D of this section.
d. 
The granting of the application would violate a statute, ordinance, or court order.
e. 
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 a sexually oriented business permit.
f. 
An applicant is under eighteen years of age.
g. 
The required application or permit fees have not been paid.
h. 
The applicant, including any partners, officers, directors, or shareholders required to be listed in subsection (B)(2) of this section, has had a sexually oriented business permit pursuant to this chapter which has been revoked or is currently suspended.
i. 
The applicant, including any partners, officers, directors, or shareholders required to be listed in subsection (B)(2) of this section, has been refused a similar permit or had a similar permit revoked by any other county or municipality within two years of the date of filing the application.
j. 
The applicant, including any partners, officers, directors, or shareholders required to be listed in subsection (B)(2) of this section, 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 "specified criminal 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, pandering, or tax violations.
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 "specified criminal 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, pandering, or tax violations.
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 misdemeanor offenses and the offenses occurred within any twenty-four month period for "specified criminal 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, pandering, or tax violations.
iv. 
The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
5. 
Failure to Act. If the business license collector and administrator neither grants nor denies the application within twenty-five working days after it is stamped as received, except as provided in subsection (C)(1) of this section, the application shall be deemed approved subject to compliance with the provisions of this chapter.
6. 
Renewal of Permit. Each sexually oriented business permit shall be subject to renewal one year from the date of issuance. A permit may only be renewed by filing with the business license collector and administrator a written request for renewal, accompanied by the annual permit fee, any changes since the filing of the initial application, and a copy of the permit to be renewed. The request for renewal shall be made at least twenty-five working days before the expiration date of the permit. When made less than twenty-five working days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be subject to a finding by the business license collector and administrator that the applicant has not committed any offense or committed any act during the existence of the permit which would give grounds to deny the permit or refuse the renewal or to revoke the permit.
D. 
Facility Development and Performance Standards.
1. 
Operations. No sexually oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Opaque covering shall be subject to the review and approval of the director of community development and shall not consist of signs which exceed maximum window coverage standards in Chapter 18.152 of this title.
2. 
Lighting in Parking Lots and Walkways. Lighting shall be required which is designed to illuminate all off-street parking areas and on-site walkways serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism, theft and other criminal activity. Said lighting shall be a minimum of 2.0 footcandles and shall be shown on the required sketch or diagram of the premises.
3. 
Interior Illumination. All areas of the sexually oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
Area
Footcandles
Bookstores and other retail establishments
20
Theaters and cabarets
5 (except during performances, at which times lighting shall be at least 1.25 footcandles)
Arcades
10
Motels/hotels
20 (in public areas)
Modeling studios
20
4. 
Sound. The premises within which the sexually oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
5. 
Age Restrictions. All entrances to a sexually oriented business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises. It is unlawful to permit patrons or employees under the age of eighteen in the portion of a structure occupied by a sexually oriented business, except as permitted under Section 313.2 of the California Penal Code, as amended.
6. 
Signs. All on-site signage shall conform to the relevant provisions of Chapter 18.152 of the Municipal Code and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations. Freeway signs shall be prohibited for sexually oriented businesses.
7. 
Time of Operation. A sexually oriented business shall not be open or operating during the hours from twelve a.m. to eight a.m. on any day.
8. 
Management's View. All indoor areas of the sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. The view required by this subsection shall be by direct line of sight and shall not rely upon the use of mirrors or video equipment.
9. 
Restroom Facilities. A sexually 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 restrooms for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any sexually oriented material. 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 a sexually oriented business which deals exclusively with the sale or rental of sexually oriented material which is not used or consumed on the premises, such as a sexually oriented bookstore or sexually oriented video store, and which does not provide restroom facilities to its patrons or the general public.
10. 
Security Guards. Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
a. 
Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty.
b. 
Security guards for other sexually oriented businesses may be required if it is determined by business license collector and administrator that their presence is necessary in order to prevent any of the conduct listed in Section 5.110.050(B)(4) from occurring on the premises.
c. 
Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.
11. 
Display of Permit. Every sexually oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter in a conspicuous place so that the same may be readily seen by all persons entering the sexually oriented business.
12. 
Arcades. Any sexually oriented business which is also a "sexually oriented arcade" shall comply with the following provisions:
a. 
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 restrooms. Restrooms 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 direct line of sight from the manager's station and shall not rely upon the use of mirrors or video equipment.
b. 
The view area specified in the preceding subsection shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. 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.
c. 
No viewing room may be occupied by more than one person at any one time. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
d. 
The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's permit to conduct the sexually oriented establishment.
13. 
Live Entertainment. The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
a. 
No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches above the level of the floor which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.
b. 
The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
c. 
The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
d. 
The sexually oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
e. 
No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer, either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.
f. 
Fixed rails at least thirty inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
g. 
No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
h. 
No owner or other person with control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or anus region with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. The sole remedy for violation of this subsection is suspension or revocation of the sexually oriented business or performer permit.
i. 
The permittee shall maintain a register of all persons so performing on the premises and copies of their permits. Such register shall be available for inspection during regular business hours by any police officer or city official.
The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.
E. 
Transfer of Sexually Oriented Business Permits.
1. 
A permittee shall not operate a sexually oriented business under authority of a sexually oriented business permit at any place other than the address of the sexually oriented business stated in the application for the permit.
2. 
A permittee shall not transfer ownership or control of a sexually oriented business or transfer a sexually oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the business license collector and administrator stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the business license collector and administrator in accordance with Section 5.110.030, accompanies the application with transfer fee in an amount set by resolution of the city council, and the business license collector and administrator determines that the transferee would be entitled to the issuance of an original permit.
3. 
No permit may be transferred when the business license collector and administrator has notified the permittee that the permit has been or may be suspended or revoked.
4. 
Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(Ord. 1083 § 3, 1997)
A. 
Sexually Oriented Performer Permit Required. It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business unless the person first obtains and continues in full force and effect a permit from the city of San Dimas as required by this chapter. The issuance of a sexually oriented performer permit shall substitute and satisfy requirements for an entertainment permit as required in this title.
B. 
Application. Every person who proposes to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business shall file an application with the business license collector and administrator upon a form provided by the office of the business license collector and administrator. An application shall include the following:
1. 
The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant.
2. 
Age, date and place of birth.
3. 
Height, weight, hair and eye color.
4. 
Present residence address and telephone number.
5. 
State driver's license or identification number.
6. 
A statement detailing the applicant's license or permit history for the five years immediately preceding the date of the filing of the application, including whether such applicant has ever had such a license, permit, or authorization to do such business denied, revoked, or suspended in this or any other county, city, or state. In the event of any such denial, revocation, or suspension, indicate the date, the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation, or suspension.
7. 
A declaration as to whether the applicant, within the two-year or five-year period as specified in Section 5.110.030(C)(4)(j) immediately preceding the date of the application, has been convicted of a "specified criminal act," and, if so, the "specified criminal act" involved, the date, place, nature of each conviction or plea of nolo contendere and the identity of the convicting jurisdiction.
8. 
Satisfactory written proof that the applicant is at least eighteen years of age.
9. 
The applicant's fingerprints on a form provided by and in a manner prescribed by the city's law enforcement agency and a two-inch by two-inch (minimum size) portrait photograph of the applicant, taken within the sixty days immediately prior to the date the application is filed. Any fees for the fingerprints and photographs shall be paid by the applicant.
10. 
If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
11. 
Authorization by the applicant to the city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness.
12. 
The completed application shall be accompanied by a non-refundable application fee as set by resolution of the city council.
C. 
Disposition of Applications.
1. 
Incomplete or Inadequate Applications. If the business license collector and administrator determines an application submittal is incomplete or inadequate, the business license collector and administrator shall notify the applicant of this fact within five working days. The time limit for action on the application shall cease to be in effect upon notice of an incomplete or inadequate application and the resubmittals thereof.
2. 
Investigation and Action on Application. All applications for a permit or renewal shall be filed with the business license collector and administrator and shall be subject to investigation by the city law enforcement agency and a report by the director of community development. Within twenty working days of receipt of a completed application, the business license collector and administrator shall complete the investigation. Within five working days thereafter, the business license collector and administrator shall grant or deny the application and so notify applicant. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
3. 
Approval of Application—Identification Card. The business license collector and administrator shall grant the application and issue the permit unless the application is denied for one or more of the findings set forth in the following subsection. The business license collector and administrator shall provide each sexually oriented performer required to have a permit pursuant to this chapter, with an identification card containing the name, address, photograph and permit number of such performer. A sexually oriented performer shall have such card available for inspection at all times during which such person is on the premises of the sexually oriented business.
4. 
Denial of Application. The business license collector and administrator shall deny the application for any of the following findings:
a. 
The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application or a permit in any report or document required to be filed with the application.
b. 
The applicant is under eighteen years of age.
c. 
The sexually oriented performer permit is to be used for performing in a business prohibited by state or city law.
d. 
The applicant will be performing in a building, structure, or location which does not comply with the requirements or does not meet the standards of the health, fire, building, safety, or zoning laws of the state of California or the city of San Dimas.
e. 
The required application or permit fees have not been paid.
f. 
The applicant has been refused a permit or had a permit revoked by any public entity within two years of the date of filing the application.
g. 
The applicant has been convicted of any "specified criminal act" as defined in Section 5.110.030(C)(4)(j) of this chapter.
5. 
Failure to Act. If the business license collector and administrator neither grants nor denies the application within twenty-five working days after it is stamped as received (except as provided in subsection (C)(1) of this section), the applicant may begin performing in the capacity for which the permit was sought.
6. 
Renewal of Permit. Each sexually oriented performer permit shall be subject to renewal one year from the date of issuance. A permit may only be renewed by filing with the business license collector and administrator a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least twenty-five working days before the expiration date of the permit. When made less than twenty-five working days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be subject to a finding by the business license collector and administrator that the applicant has not committed any offense or committed any act during the existence of the permit which would give grounds to deny the permit or refuse the renewal or to revoke the permit.
(Ord. 1083 § 3, 1997)
A sexually oriented business or performer permit may be suspended or revoked in accordance with the procedures and standards of this section.
A. 
On determining that grounds for permit suspension or revocation exist, the business license collector and administrator shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of the 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, certified mail return receipt requested, 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 business license collector and administrator, 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.
2. 
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.
B. 
After an investigation, notice and hearing, the business license collector and administrator may suspend or revoke an existing sexually oriented business or performer permit, if based upon the evidence it is found that one or more of the following conditions exist:
1. 
Any of the conditions set forth in Section 5.110.030(C)(4) or Section 5.110.040(C)(4) are found to be true.
2. 
The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire, building and safety laws of the state of California, or of the ordinances of the city of San Dimas. In the event of such stature, code, ordinance or regulation violation, the city, or its designee, shall allow the permittee a seven-working-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-working-day period, the city, or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the violation has been corrected.
3. 
The permittee, operator, or any employee of the permittee or operator has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject sexually oriented business or of any sex-related crime after the date of issuance of the sexually oriented business permit for said business.
4. 
A sexually oriented business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution or other lewd acts occur or have occurred.
5. 
The subject sexually oriented business has employed minors.
6. 
The permittee, operator, or any employee of the permittee or operator has violated any provision of this chapter.
7. 
The permittee, operator, or any employee of the permittee or operator refused to allow the lawful inspection of the premises pursuant to Section 5.110.070.
8. 
The approved sexually oriented business has been expanded, or partially or wholly converted, to another sexually oriented business without the required city approvals or permits.
9. 
The approved sexually oriented business permit has not been utilized within six months of its issuance, or the approved use has been discontinued for a period of six months or more.
10. 
There have been two suspensions of the sexually oriented business or performer permit within a one-year period.
11. 
The permittee or operator continued to operate the sexually oriented business during a suspension period of the sexually oriented business permit.
12. 
The permittee, operator, or any employee of the permittee or operator has failed to abide by a disciplinary action previously imposed by a city official.
C. 
After holding the hearing in accordance with the provisions of this section, if the business license collector and administrator finds and determines that there are grounds for disciplinary action, based on the severity of the violation, the business license collector and administrator shall impose one of the following:
1. 
A warning;
2. 
Suspension of the permit for a specified period not to exceed six months;
3. 
Revocation of the permit.
D. 
Once a permit is revoked, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business or performer permit for one year from the date the revocation became effective. If, subsequent to revocation, the business license collector and administrator finds that the basis for revocation under this chapter 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 for conviction(s) of a "specified criminal act" as defined in Section 5.110.030(C)(4)(j) of this chapter, an applicant may not be granted another permit until the number of years required under Section 5.110.030(C)(4)(j) have elapsed.
(Ord. 1083 § 3, 1997)
Any person aggrieved by a decision of the business license collector and administrator may file an appeal to the license and permit hearing board; provided, that such appeal is filed within ten days after the issuance of the decision of the business license collector and administrator. The appeal shall contain a statement of the grounds for the appeal and shall be accompanied by such fees and/or charges as may be provided by resolution of the city council. The business license collector and administrator shall thereafter set the matter for hearing within thirty days of the receipt of such notice of appeal.
A decision of the license and permit hearing board may be appealed to the city council provided that such appeal is filed within ten days after the issuance of the decision of the license and permit hearing board. The appeal shall contain a statement of the grounds for the appeal and shall be accompanied by such fees and/or charges as may be provided by resolution of the city council. The business license collector and administrator shall forward the appeal to the council, including any evidence upon which the decision was made. At the first council meeting following receipt of the appeal by the council, the council may, in its sole discretion, determine not to hear the appeal or it may set the appeal for public hearing at the following council meeting. Any determination not to hear the appeal shall be final and effective immediately. Following any hearing held by the council pursuant to this section, the council shall consider all relevant evidence, including any such evidence relied upon by the business license collector and administrator or license and permit hearing board. The council may affirm, reverse or modify the decision and shall give a written statement of the reason for the council's determination. Any determination by the council shall be final and effective immediately. The permittee may seek prompt judicial review of such action pursuant to California Code of Civil Procedure Section 1094.5. The city shall make all reasonable efforts to expedite judicial review, if sought by permittee.
(Ord. 1083 § 3, 1997)
An applicant or permittee shall permit any police officer or city official to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to their business, at any time it is occupied or opened for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions 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. 1083 § 3, 1997)
The provisions of the chapter regulating sexually oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances or regulations pertaining to the operation of sexually oriented businesses as adopted by the city council.
(Ord. 1083 § 3, 1997)
A. 
Except for the provisions of Section 5.110.030(D)(13)(h), any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable as set forth in Chapter 1.12 of the San Dimas Municipal Code.
B. 
Nothing herein 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. If an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually oriented business.
C. 
Further, nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of San Dimas.
D. 
Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
E. 
Title 18, Chapter 18.190 of the San Dimas Municipal Code requires that sexually oriented businesses shall only be permitted as provided in Section 18.190.030. Permits for sexually oriented businesses and sexually oriented performers shall be required and governed by the provisions of this chapter. In addition, any sexually oriented business shall be subject to the following restrictions:
1. 
A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business except as provided in this chapter.
2. 
A person commits a misdemeanor if he/she 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 substantial enlargement of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
3. 
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.
4. 
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 of "specified sexually activities" or "specified anatomical areas" at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
5. 
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 twelve midnight and eight a.m. of any particular day.
6. 
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 twelve midnight and eight a.m. of any particular day.
7. 
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 the 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.
8. 
It is a defense to the prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:
a. 
By a proprietary school, licensed by the state of California, a college, junior college, or university supported entirely or partly by taxation;
b. 
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; or
c. 
In a structure: (i) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; (ii) where, in order to participate in a class a student must enroll at least three days in advance of the class; and (iii) where no more than one nude model is on the premises at any one time.
9. 
It is a defense to the 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 areas during the employees' bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees.
(Ord. 1083 § 3, 1997)
A. 
Any sexually oriented business lawfully operating on the effective date of this ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use.
1. 
Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter which becomes nonconforming due to the regulations contained in this chapter shall cease operation, or otherwise be brought into full compliance with the standards of this chapter, no later than one year from the effective date of the ordinance codified in this chapter.
2. 
Possible extension of one additional year may be granted by the planning commission by showing extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more.
3. 
An application for review of the termination schedule for a nonconforming sexually oriented business prescribed in this chapter may be approved by the planning commission. In considering an application for review of the termination schedule for a sexually oriented business, which is nonconforming due to either the locational or facility development standards, the planning commission shall also use the following criteria in making a determination:
a. 
The owner's financial investment in the business prior to the effective date of the ordinance codified in this chapter;
b. 
The present actual and depreciated value of the business improvements;
c. 
The applicable federal tax depreciation schedule for such improvements;
d. 
The remaining useful life of the business improvements;
e. 
The extent to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;
f. 
The remaining term of any lease or rental agreement under which the business is operating;
g. 
Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;
h. 
Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required:
i. 
The availability of relocation sites,
ii. 
The cost of such relocation, and
iii. 
The ability of the owner to change the business to a conforming use.
B. 
Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
C. 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a park, church, school, youth organization, or residential zone within five hundred feet of the sexually oriented business. This provision does not apply when an application for a license is submitted after a sex-oriented businesses permit has expired or has been revoked.
D. 
Any establishment subject to the provisions of this section shall apply for the permit provided for by Sections 5.110.030 and 5.110.040 within thirty days from the date the establishment becomes nonconforming. Any establishment shall comply with the regulations pertaining to Section 5.110.030 within sixty days from the date the establishment becomes nonconforming.
(Ord. 1083 § 3, 1997)
The city and its designee, the law enforcement agency and all other departments and agencies and all other city officers, agents and employees charge 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. 1083 § 3, 1997)
In addition to the penalties set forth in Section 5.110.090 of this chapter, any sexually oriented business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance, and as such, may be abated or enjoined from further operation.
(Ord. 1083 § 3, 1997)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrases thereof irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional or invalid or ineffective.
(Ord. 1083 § 3, 1997)