It is the purpose of this chapter to regulate adult 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 materials.
Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to adult materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of
adult 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. 1716 § 6, 2000)
The following words and phrases as used in this chapter are in addition to the words and phrases defined in Title
9, Chapter
9.50 of this code or Section
9.50.010 thereof, and shall have the meanings and significance attached to them in this chapter, unless otherwise clearly apparent from the context:
"Adult business operator or 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 business or the conduct or activities
occurring on the premises thereof.
"Applicant"
means a person who is required to file an application for
a license under this chapter, including an individual owner, manager,
employee, or agent of an adult business or an entertainer of an adult
business.
"City manager"
means the city manager or the city manager's authorized representative.
"Independent contractor"
means any person or individual who works, dances, entertains
and/or provides any services in association with the activity of,
or for, an adult business establishment permitted in the city that
is not an employee of such an establishment.
"Licensee"
means the person to whom an adult business license or adult
business entertainer's license is issued.
"Notice address"
means the address designated by the licensee for the mailing
of all notices, legal mail, and other written communications from
the city to the licensee.
"Person"
means any individual, firm, association, partnership, corporation,
joint venture, trust or combination of individuals or persons.
"Planning director"
means the director of planning and redevelopment or the authorized
representative(s) thereof.
"Police chief"
means the police chief of the city or the authorized representative(s)
thereof.
(Ord. 1716 § 6, 2000)
This chapter shall not apply to:
(1) Any
treatment administered in good faith in the course of the practice
of any healing art or profession by any person holding a valid license
or certificate issued by the state to practice any such art or profession
under the provisions of the
Business and Professions Code of California
or of any other law of this state.
(2) Massage administered at a massage parlor or by a massage practitioner holding a valid current license issued pursuant to the provisions of Chapter
5.10 of this title.
(Ord. 1716 § 6, 2000)
In addition to the requirements of this chapter, all adult businesses subject to this chapter shall comply with the requirements set forth in Title
9, Chapter
9.50 of this code, and the city's zoning ordinance.
(Ord. 1716 § 6, 2000)
A separate adult business license is required for each location within the boundaries of the city at which a regulated adult business is to be established. The requirements of this chapter for an adult business license are separate and in addition to a business license required under Chapter
5.04 of this title. Every regulated adult business shall display its adult business license prominently in an area open to the public at each such location at all times when the location is open for business. Every regulated adult business and every person subject to the licensing requirements of this chapter shall make available upon request by the city the adult business entertainer license required by Section
5.22.130 of this chapter for each regulated employee of the adult business.
(Ord. 1716 § 6, 2000)
An approved adult business license shall be valid for one year, and shall be renewed on an annual basis on the anniversary date of the original application. Application for renewal of an unrevoked adult business license shall be made pursuant to Section
5.22.100 of this chapter, at least thirty days prior to the expiration date of the current, valid license.
(Ord. 1716 § 6, 2000)
The police chief shall deny the application for any of the following
reasons:
(1) That
the building, structure, equipment and/or location used by the business
for which a license is required herein does not comply with the requirements
and standards of the health, zoning, fire and safety laws of the state
and of the city.
(2) An
applicant or the applicant's adult business is in violation of, or
is not in compliance with, any of the provisions of this code related
to the establishment or maintenance of an adult business.
(3) That
the applicant his or her employee, agent partner, director, officer,
stockholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a license
or in any report or record required to be filed with the city in connection
with the application.
(4) That
the applicant has had any type of adult business license suspended
or revoked by any public entity within two years of the date of the
application.
(5) Within
five years immediately preceding the date of the filing of the application
for a license under this chapter, the applicant has been convicted
of a felony or misdemeanor which offense is classified by the state
as an offense involving sexual crimes against children, sexual abuse,
rape, kidnapping, distribution of obscene material or material harmful
to minors, prostitution or pandering, including, but not necessarily
limited to, the violation of any crime requiring registration under
California
Penal Code Section 290, or any violation of
Penal Code
Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive,
267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 316,
or 647. The fact that a conviction is being appealed will have no
effect on disqualification of the applicant.
(6) That
on the date that business, for which a license is required, herein
commences, and thereafter, there will be no responsible adult on the
premises to act as manager at all times during which the business
is open.
(7) That
an applicant is under eighteen years of age.
(8) That
an applicant, manager or any agent or employee of the applicant or
manager has been convicted in a court of competent jurisdiction of
any crime in conjunction with or as a result of the operation of an
adult business prior to the filing of the application. The fact that
a conviction is being appealed will have no effect on disqualification
of the applicant.
(9) The
required application or license fees have not been paid.
(10) The granting of the license would violate a statute, ordinance, or
court order.
(Ord. 1716 § 6, 2000)
An adult business license or adult business entertainer license
may be suspended or revoked in accordance with the procedures and
standards of this section.
(1) On
determining that grounds for license revocation exist, the police
chief shall furnish written notice of the proposed suspension or revocation
to the licensee. 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, postage prepaid, addressed
to the last known address of the licensee, or shall be delivered to
the licensee personally, at least ten business 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:
(A) All parties involved shall have the 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 to the city council in accordance with Section
5.22.160 of this chapter.
(2) A
licensee may be subject to suspension or revocation of his, her or
its license, or be subject to other appropriate disciplinary action,
for any of the following causes arising from the acts or omissions
of the licensee, or an employee, agent, partner, director, stockholder
or manager of an adult business:
(A) The licensee has knowingly made any false, misleading or fraudulent
statement of material facts in the application for a license, or in
any report or record required to be filed with the city.
(B) The licensee, employee, agent, partner, director, stockholder or
manager of an adult 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 business, or in
the case of an adult business entertainer, the licensee has engaged
in one of the activities described below while on the premises of
an adult business:
(i) Giving false or misleading information in the material submitted
during the application process that tended to enhance the applicant's
opportunity for obtaining an adult business license or adult business
entertainer license.
(ii)
Any act of unlawful sexual intercourse, sodomy, oral copulation,
or masturbation.
(iii)
Use of the establishment as a place where unlawful solicitation
for sexual intercourse, sodomy, oral copulation or masturbation openly
occur.
(iv)
Any conduct constituting a criminal offense which requires registration
under Section 290 of the California
Penal Code.
(v) The occurrence of acts of lewdness, assignation or prostitution,
including any conduct constituting violations of Sections 315, 316,
318 or subdivision (b) of Section 547 of the California
Penal Code.
(vi)
Any act constituting a violation of provisions in the California
Penal Code relating to obscene matter or distribution of harmful matter
to minors, including, but not limited to, Sections 311 through 313.4.
(vii)
Refused to allow an inspection of adult business premises as
authorized by this chapter.
(viii)
An employee or permittee who allowed or knew or should have
known of gambling by any person on the adult business premises.
(ix)
An employee or permittee who allowed or knew or should have
known of such activity, has allowed possession, use or sale of controlled
substances on the premises.
(x) Operated the adult 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 violation, the police chief
shall promptly notify the permittee of the violation and shall allow
a seven consecutive day period in which to correct the violation.
If the permittee fails to correct the violation before the expiration
of the seven consecutive day period, the police chief shall forthwith
suspend the permit and shall notify the permittee of the suspension.
(xi)
Operated the adult business in violation of the hours of operation
as set forth in this chapter.
(xii)
Been convicted of an act for which initial denial of a license
would have been required pursuant to this chapter.
(xiii)
Any conduct prohibited by this chapter.
(C) Failure to abide by any disciplinary action previously imposed by
an appropriate city official.
(3) 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:
(B) Suspension of the license for a specified period not to exceed six
months; or
(C) Revocation of the license.
(4) When
the city revokes an adult business license, the revocation shall continue
for one year from the date of revocation and the permittee shall not
be issued an adult business license for one year from the date revocation
became effective.
(5) If the adult business license was revoked under this section for reasons that the establishment is in noncompliance with the requirements of Title
9, Chapter
9.50 of this code, and if the police chief finds that the basis for revocation under this section has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date revocation became effective.
(6) If
the adult business entertainer license issued to an individual and/or
employee was revoked under this section, an applicant may not be granted
another license until the number of years required under this section
have elapsed.
(Ord. 1716 § 6, 2000)
The following development and performance standards shall be
satisfied by an adult business and included in any approved adult
business license:
(1) The
establishment of an adult business shall comply with all applicable
city site development standards of the zone, district, or area in
which the adult business is located, the building and construction
codes, maximum occupancy loads, fire codes, and the health and safety
regulations in effect in the city.
(2) An
adult business shall comply with the applicable city permit and inspection
procedures.
(3) Each
adult business shall have a business entrance separate from any other
nonadult business located in the same building.
(4) No
adult business shall be operated in any manner that permits the observation
of any material depicting, describing or relating to specified sexual
activities, specified anatomical areas or instruments, devices or
paraphernalia designed for use in connection with specified sexual
activities 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.
(5) All
building openings, entries, and windows shall be located, covered,
or screened to prevent viewing of the interior from any exterior area.
(6) All
exterior areas of adult businesses, including buildings, landscaping,
and parking areas, shall be maintained in a clean and orderly manner
free of trash, weeds, and debris.
(7) Parking
lot lighting shall be provided to illuminate all off-street parking
areas serving such use for the purpose of increasing the personal
safety of patrons and employees and reducing the incidents of vandalism
and theft. The lighting shall provide a level of illumination not
less than one foot-candle, measured at the surface of the pavement,
at all areas of the parking lot. The lighting shall be shown on the
required plot plans and shall be reviewed and approved by the building
and safety department.
(8) A
parking plan shall be submitted to the city engineer for review and
approved providing for adequate contiguous on-site parking.
(9) Maximum
occupancy load, fire exits, fire lanes and fire suppression equipment
shall be regulated, designed and provided in accordance with the regulations
and standards of the fire department and the city's building standards.
(10) The premises within which the adult 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. No loudspeaker or sound equipment audible
to persons in any public exterior area shall be used in connection
with an adult business, and the business shall be so conducted that
sounds associated with the business are not emitted into any public
exterior area.
(11) An adult business shall be open or operating for business only between
the hours of eleven a.m. and twelve a.m. on any particular day. It
is unlawful and a violation of this chapter to cause an adult business
to be operated or to allow such business to remain open for business,
or to permit any employee and/or independent contractor to engage
in a performance, solicit a performance, make a sale or solicit a
sale, provide a service, or solicit a service, between the hours of
twelve a.m. and eleven a.m. of any particular day.
(12) The building entrance to an adult business shall be clearly and legibly
posted with a notice indicating that persons under eighteen years
of age are precluded from entering the premises. Said notice shall
be constructed and posted to the satisfaction of the planning director.
No person under the age of eighteen years shall be permitted within
the premises at any time. It is unlawful for any employee, owner,
operator, responsible managing employee, manager or permittee of an
adult business to allow any person below the age of eighteen years
upon the premises or within the confines of any adult business if
no liquor is served, or under the age of twenty-one if liquor is served.
(13) Each adult business shall be provided with a manager's station for
the purpose of monitoring and supervising activities within the business.
A manager shall be on duty on the premises during all times that the
adult business is open to the public. All indoor areas of the adult
business within which patrons are permitted, or within which viewing
is permitted by patrons or the public except restrooms, shall be open
to view by the manager at all times.
(14) An on-site security program shall be prepared and implemented including
the following items:
(A) All interior areas of the adult business shall be illuminated at
a minimum of the following foot-candles, minimally maintained and
evenly distributed at ground level:
Area
|
Foot-Candles
|
---|
Adult bookstores, video stores and novelty stores
|
20
|
Adult theaters and cabarets
|
5 (except during performances, at which times lighting shall
be at least 1.25 foot-candles)
|
Adult motion picture theaters
|
7.5
|
Adult motels/hotels
|
20 (in public areas)
|
Nude modeling studios
|
20
|
(B) All off-street parking areas and building entries serving the sexually
oriented business shall be illuminated during all hours of operation
with a lighting system designed to provide an average maintained horizontal
illumination of four foot-candles of light on the parking surface
and/or walkway. 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
theft. A lighting plan, prepared by a licensed lighting engineer,
shall be shown on the required site or plot plan and shall be subject
to review by the building official and the police department.
(C) Adult businesses shall employ security guards in order to maintain
the public peace and safety, based upon the following standards:
(i) Adult businesses such as adult motion picture theaters, adult video
stores, nude modeling studios, sexual encounter establishments, adult
theaters and adult cabarets, or any adult business which features
entertainment (live or motion picture viewed from booths) whose dominant
or predominant character and theme is the depiction of specified sexual
activities or specified anatomical areas for observation by patrons,
shall provide at least one guard for every fifty occupants permitted
by the city's building code, at all times while the business is open,
and in no case shall there be less than two guards. One guard shall
be stationed outside during all business hours. For businesses where
the maximum building fire capacity is fifty or less, video monitoring
of the parking lot may be approved by the police chief, subject to
the submission and approval of a video security monitoring plan.
(ii)
Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in subsection
5.22.150(2)(B) of this chapter.
(iii)
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 by the state as security guards. 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.
(D) A video camera surveillance system shall be installed and operational
during business hours, providing continuous coverage and recordation
of both the interior of the building and the parking lot areas. Location
of the surveillance cameras shall be approved by the police chief.
(E) An annual review for adequacy of security will be conducted to ascertain
if there has been an increase in calls for emergency services.
(15) It is unlawful to sell, serve or permit the consumption of alcohol
in any portion of a structure occupied by an adult business unless
a license has been issued by the California Department of Alcoholic
Beverage Control ("ABC") for such sale, service and consumption.
(16) The adult business shall provide and maintain separate restroom facilities
for male patrons and employees, and female patrons and employees.
Male patrons and employees shall be prohibited from using the restroom(s)
for females, and female patrons and employees shall be prohibited
from using the restroom(s) for males, except to carry out duties of
repair, maintenance and cleaning of the restroom facilities. The restrooms
shall be free from any material depicting, describing or relating
to specified anatomical areas or specified sexual activities ("adult
material"). Restrooms shall not contain television monitors or other
motion picture or video projection, recording or reproduction equipment.
The foregoing provisions of this subsection shall not apply to an
adult business which deals exclusively with sale or rental of adult
materials which is not used or consumed on the premises, such as an
adult bookstore or adult video store, and which does not provide restroom
facilities to its patrons or the general public.
(17) Every adult business shall display at all times during business hours
the license issued pursuant to the provisions of this chapter for
such adult business in a conspicuous place so that the same may be
readily seen by all persons entering the adult business.
(18) An adult business entertainer shall have his or her license available
for inspection at all times during which such person is on the premises
of the adult business.
Failure to comply with each and all of the foregoing development
and performance standards shall be grounds for suspension or revocation
of the adult business license and/or adult entertainer's license.
|
(Ord. 1716 § 6, 2000)
In addition to the performance standards set forth in Section
5.22.170 of this chapter, the following development and performance standards shall apply to any adult business which is also an adult motion picture theater or which includes video viewing booths which feature specified sexual activities or specified anatomical areas for observation by patrons:
(1) The
application for the adult business license shall be accompanied by
a diagram of the premises showing a plan thereof and specifying the
location of one or more managers' stations, the location of all overhead
lighting fixtures, and designating any portion of the premises in
which patrons shall not be permitted.
(2) 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 managers' 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 managers' stations. The view required in this subsection
must be direct line of sight from the manager's station.
(3) No
alteration in the configuration or location of a manager's station
shall be made without the prior written approval of the planning director.
(4) It
shall be the duty of the permittee and/or licensee and any employees
present on the premises to ensure that the view area remains unobstructed
by any doors, walls, merchandise, display racks, or other materials
at all times and to ensure that no patron is permitted access to any
area of the premises which has been designated as an area in which
patrons shall not be permitted in the application filed pursuant to
this chapter. Signs prohibiting loitering shall be posted and maintained
in prominent places in and near video booths.
(5) The
following additional requirements shall apply to adult motion picture
theaters:
(A) If the theater contains a hall or auditorium area, the area shall
comply with each of the following provisions:
(i) Have individual, separate seats (not couches, benches or the like)
to accommodate the maximum number of persons who may occupy the hall
or auditorium area;
(ii)
Have a continuous main aisle alongside the seating area(s) in
order that each person seated in the hall or auditorium area shall
be visible from the aisle at all times; and
(iii)
Have a sign posted in a conspicuous place at or near each entrance
to the hall or auditorium area which lists the maximum number of persons
who may occupy the hall or auditorium area, which number shall not
exceed the number of seats within the hall or auditorium area.
(B) If the theater is designed to permit outdoor viewing by patrons seated
in automobiles, it shall have the motion picture screen so situated,
or the perimeter of the establishment so fenced, that the material
to be seen by those patrons may not be seen from any public right-of-way
child daycare facility, public park, school, or religious institution
or any residentially zoned property occupied with a residence.
(6) The
following additional requirements shall apply to adult motion picture
theaters and adult businesses where motion pictures, videocassettes,
slides or other visual representations which feature specified sexual
activities or specified anatomical areas for observation by patrons
in video viewing booths or viewing rooms:
(A) Video viewing booths/viewing rooms shall remain unobstructed by any
doors, walls, furniture or fixtures, 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.
(B) No video viewing booth/viewing room may be occupied by more than
one person at any one time.
(C) The walls or partitions between video viewing booths/viewing rooms
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 or room
into another or such as to allow physical contact of any kind between
the occupants of any two such booths or rooms.
(D) Customers, patrons or visitors shall not be allowed to stand idly
by in the vicinity of any such viewing room/booth, or to remain in
the common area of such business, other than the restrooms who are
not actively engaged in shopping for or reviewing the products available
on display for purchaser viewing. Signs prohibiting loitering shall
be posted in prominent places in and near the viewing rooms/booths.
(E) The floors, seats, walls and other interior portions of all video
viewing booths/rooms shall be maintained clean and free from waste
and bodily secretions. Presence of human excrement, urine, semen or
saliva in any such booths or rooms shall be evidence of improper maintenance
and inadequate sanitary controls; repeated instances of such conditions
may justify suspension or revocation of the adult business license.
(7) This
section shall also apply to any adult business, other than an adult
motel or hotel, which exhibits on the premises in a viewing room or
booth of less than one hundred fifty square feet of floor space, a
film, videocassette or other video reproduction which depicts specified
sexual activities or specified anatomical areas.
(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 seven and one-half foot-candle
power as measured at the floor level. It shall be the duty of the
owners, operators, their agents and employees present on the premises
to ensure that the illumination described above is maintained at all
times any patron is present on the premises.
(Ord. 1716 § 6, 2000)
In addition to the performance standards set forth in Section
5.22.170 of this chapter, the following development and performance standards shall apply to adult businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities:
(1) No
person shall perform live entertainment for patrons of an adult 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 surrounded with a stationary
rail, which rail must be at least thirty inches in height, establishing
the separations between entertainers and patrons. No patron shall
be permitted within the area of the stage established by the rail
while the stage is occupied by an entertainer. "Live entertainment"
means the performance of every form of live entertainment involving
specified sexual activities or the exposure of specified anatomical
areas, including, but not limited to, a performance accompanied by
music, band or orchestra, act, play, burlesque, revue, pantomime,
scene, song or dance participated in by one or more persons. "Entertainer"
or "live entertainer" shall mean any person who is an employee or
independent contractor of the adult business, or any person who, with
or without any compensation or other form of consideration, performs
live entertainment for patrons of an adult business.
(2) If
the adult business is licensed to sell alcoholic beverages, the licensee
shall abide by the rules and regulations established by the California
Department of Alcoholic Beverage Control ("ABC") and the regulations
provided in this chapter, unless any regulation of this chapter is
preempted by the ABC, in which case the ABC's regulations shall apply.
(3) For
live entertainment involving specified sexual activities or the exposure
of specified anatomical areas, the following provisions shall apply:
(A) No live 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. In addition, while on the premises,
no entertainer shall have physical contact with a patron and no patron
shall have physical contact with an entertainer, which physical contact
involves the touching of the clothed or unclothed genitals, pubic
area, buttocks, cleft of the buttocks, perineum, anal region, or female
breast with any part or area of any other person's body either before
or after any adult live entertainment by such entertainer. When patrons
are present at the establishment, they shall not be allowed to, and
shall not, directly touch, fondle or caress (as those terms are defined
in Kev Inc. v. Kitsap County (9th Cir., 1986) 793 F.2d 1053) the entertainers
while they are performing. This subsection shall only apply to physical
contact on the premises of the adult business. This prohibition does
not extend to incidental touching. Patrons shall be advised of the
separation and no-touching requirements by signs placed on the barrier
between entertainers and patrons, and if necessary by employees of
the establishment.
(B) Live entertainers shall be restricted to performing in accordance
with subsection (1) of this section.
(C) Each live entertainer for an adult business shall be required to
obtain an adult entertainer license pursuant to this chapter.
(4) The
adult business shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainers'
use. No patron is permitted access to the dressing room facilities.
The dressing room facilities shall not contain television monitors
or other motion picture or video projection, recording or reproduction
equipment.
(5) The
adult 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 adult 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.
(6) No
patron shall directly pay or give any gratuity to any entertainer
and no entertainer shall solicit or accept any pay or gratuity from
any patron. If patrons wish to tip entertainers, tips shall be placed
in receptacles which shall be located at least ten feet from the permanently
fixed stage. Patrons shall not throw tips to entertainers, hand tips
directly to entertainers or place tips in the entertainers' costumes.
(7) No
owner or other person with managerial control over an adult business
shall permit any person on the premises of the adult business to engage
in exposure of the human male or female genitals, pubic area or buttocks
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.
(8) No
operator, entertainer or employee of an adult business shall encourage
or permit a patron upon the premises to touch, caress or fondle the
breasts, buttocks, anus or genitals of any entertainer or employee
of the adult business. The adult business shall not conduct any massage,
acupuncture, body wrapping, tattooing, acupressure or escort services
on the premises.
(9) Every
licensee of an adult business which provides live entertainment depicting,
describing or relating to specified anatomical areas or involving
specified sexual activities must maintain a register of all persons
so performing on the premises and their license numbers. Such register
shall be available for inspection during regular business hours by
any police officer or health officer of the city.
(10) The adult business shall provide a security system that visually
records and monitors all parking lot areas, at all times that the
business is open and occupied for business.
(11) User parking areas and doorways of an adult business shall be unobstructed
so as to allow visibility of these areas from the public right-of-way.
(Ord. 1716 § 6, 2000)
An applicant for an establishment or licensee shall permit authorized
representatives of the planning department, the county health department,
the police department, the fire department, or other city departments
or agencies to inspect the premises of an adult business or the premises
at which a licensee is permitted to work, for the purpose of ensuring
compliance with the law and the development and performance standards
applicable to adult businesses, at any time it is occupied or open
for business. A person who operates an adult business or his or her
agent or employee is in violation of the provisions of this section
if he or she refuses to permit such lawful inspection of the premises
at any time it is occupied or open for business. Such inspections
shall be conducted in a reasonable manner.
(Ord. 1716 § 6, 2000)
The provisions of this chapter regulating adult 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.
(Ord. 1716 § 6, 2000)
It is unlawful for any owner, operator, manager or licensee
in charge of or in control of an adult business which provides live
entertainment depicting, describing or relating to specified anatomical
areas and/or involving specified sexual activities to allow any person
to perform such entertainment who is not in possession of a valid,
unrevoked adult business entertainer license.
(Ord. 1716 § 6, 2000)
Any person, whether as principal, employee, agent, partner,
director, officer, stockholder or trustee 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 by a fine of not more than one thousand dollars or by
imprisonment for not more than six months, or by both such fine and
imprisonment. Any violation of the provisions of this chapter shall
constitute a separate offense for each and every day during which
such violation is permitted, committed or continued.
(Ord. 1716 § 6, 2000)
In addition to the penalties set forth above, any adult 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. All costs to abate such public nuisance, including attorney fees and court costs, shall be paid by the licensee of the adult business, or the property owner of record, pursuant to Title
9, Chapter
9.36 of this code.
(Ord. 1716 § 6, 2000)