The regulations set forth in this chapter shall apply specifically
to adult businesses. It is the purpose of this chapter to regulate
adult businesses in order to promote the health, safety, and general
welfare of the citizens of the City.
Adult businesses, unless closely regulated, tend to have serious
negative secondary effects on the community, including, but not limited
to, the depreciation of property values and increases in vacancies
in residential and commercial areas in the vicinity of adult businesses;
interference with residential property owners' enjoyment of their
property when such property is located in the vicinity of adult businesses
as a result of increases in crime, litter, noise and vandalism; blighting
conditions such as low-level maintenance of commercial premises and
parking lots, which thereby have a deleterious effect upon adjacent
areas. Special regulation of adult businesses is necessary to prevent
these adverse effects and the blighting or degradation of the neighborhoods
in the vicinity of the adult businesses.
The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any
communicative materials, including adult-oriented materials. Similarly,
it is not the intent nor effect of this chapter to restrict or deny
access by adults to adult-oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of
adult businesses and adult-oriented entertainment to their intended
market.
Nothing in this chapter is intended to authorize, legalize or
permit the establishment, operation or maintenance of any business,
building or use which violates any City ordinance or any statute of
the State of California regarding public nuisances, unlawful or indecent
exposure, sexual conduct, lewdness or obscene or harmful matter or
the exhibition or public display thereof.
(02-01)
For the purpose of this chapter, the words and phrases shall
have the same meanings respectively ascribed to them by this section:
"Adult arcade"
means a business establishment to which the public is permitted
or invited, that on a regular and substantial basis or course of conduct
and/or regularly features, with the use of image-producing devices,
such as still or motion picture machines, projectors, videos, holograms,
virtual reality devices, whether operated by mechanical, electronic
or electrical means, the display of images that are distinguished
or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas."
"Adult bookstore/adult video store/adult novelty store"
means any establishment which on a regular and substantial
basis, sells or rents, offers for sale or rental, for any form of
consideration, any one or more of the following:
1.
Books, magazines, periodicals or other printed matter, or photographs,
films, sculptures, motion pictures, videocassettes, slides or other
visual representations, which are characterized by an emphasis on
material depicting, describing or relating to specified sexual activities
and/or specified anatomical areas.
2.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities, including goods
which are replicas of, or which simulate specified anatomical areas
or specified sexual activities, and goods which are designed to be
placed on or in specified anatomical areas.
"Adult business"
means a business which is conducted for the patronage of
adults and as to which minors are specifically excluded from patronage,
either by law and/or by the operators of such business, and which
is characterized by an emphasis on specified sexual activities and/or
specified anatomical areas. "Adult business" also means and includes
any adult arcade, adult bookstore/adult video store/adult novelty
store, adult cabaret, adult dance studio, adult hotel/motel, adult
motion picture theatre, adult theatre, sexual encounter establishment,
nude modeling studio, adult tanning salon, sex supermarket, sex mini-mall,
and any other business or establishment that regularly features and/or
on a regular and substantial basis offers its patrons, entertainment
or services which involve, depict, describe or relate to specified
sexual activities and/or specified anatomical areas.
"Adult business operator" (hereinafter "operator")
means a person who supervises, manages, inspects, directs,
organizes, controls or in any other way is responsible for or in charge
of the premises of an adult business or the conduct or activities
occurring on the premises thereof.
"Adult cabaret"
means a nightclub, restaurant, or similar business establishment
which regularly features: (1) live performances which are distinguished
or characterized by an emphasis upon the display or description of
specified anatomical areas or specified sexual activities; and/or
(2) performances by persons who appear semi-nude; and/or (3) the showing
of 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.
"Adult dance studio"
means any business or commercial establishment that provides
for members of the public a partner for dance where the partner, or
the dance, is distinguished or characterized by an emphasis on matter
involving, depicting, describing or relating to specified sexual activities
and/or specified anatomical areas.
"Adult entertainer"
means any person who, with or without any compensation or
other form of consideration, provides performances which are distinguished
or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities; and/or (2) persons who appear
semi-nude.
"Adult hotel/motel"
means a hotel or motel or similar business establishment
offering public accommodations for any form of consideration which
on a regular and substantial basis that (1) provides patrons with
closed-circuit television transmissions, films, computer generated
images, motion pictures, video cassettes, slides, or other photographic
reproductions which are distinguished or characterized by an emphasis
upon the depiction, description, or relating to specified sexual activities
or specified anatomical areas; and/or (2) rents, leases, or lets any
room for less than a 10 hour period, or rents, leases, or lets any
single room more than twice in a 24-hour period.
"Adult motion picture theater"
means a business establishment where, for any form of consideration,
regularly features the showing of films, computer generated images,
motion pictures, video cassettes, slides or similar photographic reproductions
which are distinguished or characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
"Adult nude modeling studio"
means a business 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.
"Adult nude modeling studio" does not include schools maintained pursuant
to standards set by the State Board of Education, or any classroom
of any school licensed under state law to provide art education while
such classroom is being used in a manner consistent with such state
license. "Adult nude 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.
"Adult or adult-oriented material"
means the same as sexual or sexually-oriented material or
material depicting, describing or relating to specified anatomical
areas and/or specified sexual activities.
"Adult tanning salon"
means a business where patrons receive tanning services in
groups of two or more and where patrons or employees of the establishment
are nude or expose specified anatomical areas. An adult tanning salon
shall also include a business establishment where the employees thereof
are nude or expose specified anatomical areas for any form of consideration.
"Adult theater"
means a theater, concert hall, auditorium, or similar establishment
which, for any form of consideration regularly features live performances
which are distinguishable or characterized by an emphasis on the display
of specified anatomical areas or specified sexual activities.
"Advertise"
means public notice or announcement of items or services
through the use of newspaper, handbills, radio, television, or other
means of public communication.
"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 an adult business, or an adult entertainer.
"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 performances "which are distinguished or characterized by an emphasis
upon" the depiction or description of specified sexual activities
or specified anatomical areas, the performances so described are those
whose dominant or predominant character and theme are the depiction
of the specified sexual activities or anatomical areas. See Pringle
v. City of Covina, 115 Cal.App.3 151 (1981).
"Employee of an adult business"
means a person who works or performs, as an employee or as
an independent contractor, in and/or for an adult business, regardless
of whether said person is paid a salary, wage, or other compensation
by the business.
"Escort"
means any person, for consideration, who agrees or offers
to act as a companion, guide, or date for another person, or who agrees
or offers to privately model lingerie or to privately perform a striptease
for another person. "Escort" shall not include any person hired by
a state licensed school for purposes of modeling in any art education
class while such a person acts in that capacity or any federal, state
and/or City licensed limousine or taxi service.
"Escort agency"
means a person or business entity which furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes, for any form of consideration.
"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.
"Live entertainment"
means the performance, enactment, or execution of an action
participated in by one or more persons, including, but not limited
to, a play, dramatization, pantomime, revue, modeling, burlesque,
dance, recital, concert, vocal production, show, or disrobing, with
or without music, band, or orchestra accompany.
"Notice"
means written notice given by personal service upon the addressee,
or given by the United States mail, postage paid, addressed to the
person to be notified at his or her last known address. Service of
such notice shall be effective upon the completion of personal service,
upon placing the same in the custody of the United States Postal Service.
"Nudity or a state of nudity"
means the showing of the human male or female genitals, pubic
area, or buttocks with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any
part of the areola, or the showing of the covered genitals in a discernable
turgid state.
"Off-premises"
means any business where the primary services or entertainment
are provided at a location or locations other than the premises of
the subject business.
"Operate an adult business"
means the supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult business or activities within an
adult business.
"Park"
means a playground, swimming pool, athletic field, picnic
area, or other open space area designated and/or designed for active
and passive recreational use which is under the control, operation,
or management of the City of Claremont Unified School District, the
Claremont Colleges, or other public or nonprofit agency/entity.
"Permittee"
means the person to whom a permit is issued pursuant to this
chapter.
"Person"
means any individual, partnership, co-partnership, firm,
association, joint stock company, corporation, or combination of the
above in whatever form or character.
"Police Chief"
means the Police Chief of the City of Claremont or the authorized
representatives thereof.
"Private viewing area"
means an area or areas in an adult business of less than
150 square feet that is designed or used for purposes of viewing or
watching a performance, picture, show, film, videotape, slide, movie,
or other presentation.
"Public nudity"
means nudity that occurs in a business open to the public,
whether or not a fee is charged for admission to such business.
"Regular and substantial basis/course of conduct"
means an activity, performance or condition that constitutes
more than 15% of the total performance time, stock-in-trade, revenue,
floor space, advertisements, or similar element of the business. For
purposes of this definition, revenue shall include gross revenue generated
by the business, including revenue received by entertainers and others
who work as independent contractors. For purposes of this definition,
the floor space shall include areas devoted to a regulated activity,
including, but not limited to, display areas, sales areas, performance
areas, viewing areas, dressing rooms, and all aisles and pathways
between and within such areas.
"Regularly features with"
means on a regular and substantial basis or course of conduct
and/or that which occurs on two or more occasions within a 30-day
period; three or more occasions within a 60-day period; or four or
more occasions within a 180-day period.
"Religious institution"
means a structure that is used primarily for religious worship
and related religious activities, including, but not limited to, a
church, chapel or similar place of worship.
"Residential use or zoning district"
means single-family dwelling, duplex, townhouse, multiple-family
dwelling, or mixed residential/commercial development, and/or property
which is zoned primarily for residential use. Residential use shall
not include a caretaker's/security dwelling in the Business/Industrial
Park (B/IP) District.
"School"
means any child or day care facility, or any institution
of learning for minors, whether public or private, offering instruction
in those courses of study required by the California
Education Code
and maintained pursuant to standards set by the State Board of Education,
or any undergraduate or junior level college. This definition includes
a nursery school, kindergarten, elementary school, middle or junior
high school, senior high school, undergraduate or junior college,
or any special institution of education, but it does not include a
commercial, vocational or trade institution of higher education, or
any graduate level university, or non-profit research institution.
"Semi-nude"
means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
"Sex supermarket/sex mini-mall"
means the establishment of more than one adult business or
use, as defined in this chapter, within the same single building,
or within the same commercial complex or center where each adult business
is not located more than 150 feet from another adult business.
"Sexual encounter establishment"
means a business or commercial enterprise that offers, for
any form of consideration, a place where two or more persons may congregate,
associate or consort in connection with specified sexual activities
and/or the exposure of specified anatomical areas. This definition
does not include an establishment where a medical practitioner, psychologist
or similar professional person is licensed by the State to engage
in sexual therapy.
"Sexual material"
means material depicting, describing or relating to specified
anatomical areas and/or specified sexual activities.
"Specified anatomical areas"
means less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, and female breast below a point immediately
above the top of the areola, and/or human male genitals in a discernible
turgid state even if completely covered.
"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 intentional or erotic touching of specified
anatomical areas;
2.
Sex acts, actual or simulated, including coitus, masturbation,
oral/anal copulation, bestiality, flagellation or torture in the context
of a sexual relationship;
3.
Sexual stimulation, arousal or tumescence of human genitals;
4.
Ejaculation of human or animal semen, actual or simulated; or
5.
Excretory functions, urination, vaginal or anal irrigation as
part of or in connection with any of the other activities described
in paragraphs 1 through 4 of this definition.
"Transfer of ownership or control of an adult business"
means the sale, lease, or sublease of an adult business;
the transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; and/or
the establishment of a trust, gift, or other similar legal device
which transfers ownership or control of the business, except for transfer
or other operation of law upon the death of a person possessing the
ownership or control.
(02-01)
Adult business and adult entertainment permits issued pursuant
to this chapter shall be valid for 12 months from the date of issuance,
unless earlier revoked or suspended. Such permits must be renewed
on an annual basis by submitting an application for renewal of permit
together with the requisite fee at least 20 business days prior to
the expiration of the existing permit. The new application shall include
all the same information as would be required for a new application
by this chapter. Such renewals shall be acted on as provided for new
applications and shall be contingent upon satisfactory compliance
with all the provisions of this chapter. When a renewal application
is made less than 20 business before the expiration date of a permit,
the expiration of the permit shall not be stayed.
(02-01)
All adult businesses shall comply with the following requirements,
and the following applicable requirements of this section shall be
deemed conditions of all adult business permit approvals. Failure
to comply with every such requirement shall be grounds for revocation
of the permit issued pursuant to this chapter.
A. The
establishment of an adult business shall comply with all applicable
City site development standards of the district, or area in which
the adult business is located, the building and construction codes,
maximum occupancy loads, fire codes, and health and safety regulations
in effect in the City. Maximum occupancy load, fire exits, aisles
and fire equipment shall be regulated, designed and provided in accordance
with the fire and building regulations and standards adopted by the
City of Claremont.
B. An adult
business shall comply with the applicable City permit and inspection
procedures.
C. Each
adult business shall have a business entrance separate from any other
non-adult business located in the same building.
D. No adult
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 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.
E. No exterior
door or window on the premises shall be propped or kept open at any
time while the business is open, and all building openings, entries,
and windows shall be located, covered, or screened to prevent viewing
of the interior from any exterior area.
F. All
exterior areas of any adult business, including building, landscaping,
and parking areas, shall be maintained in a clean and orderly manner
free of trash, weeds and debris.
G. All
building entrances to an adult business shall be clearly and legibly
posted with a notice indicating that persons under 18 years of age
are precluded from entering the premises. Said notice shall consist
of letters no less than one inch in height and shall be constructed
and posted to the satisfaction of the Director of Community Development.
No person under the age of 18 years shall be permitted within the
premises at any time. It shall be unlawful for any employee, owner,
operator, manager or permittee of an adult business to allow any person
below the age of 18 years upon the premises or within the confines
of any adult business if no alcoholic beverages are served, or under
the age of 21 if alcoholic beverages are served.
H. A parking
plan providing for adequate parking for the intended use shall be
submitted to the Department of Community Development for review and
approval. Required parking shall be as follows:
1. Retail
Sales, Office Use. One parking space shall be provided per each 400
square feet of gross floor area.
2. Restaurant,
Theaters, Arcades. Studios and Places of Assembly. One parking space
shall be provided for each three persons permitted to occupy the establishment
by the occupancy provisions of the Building Code.
3. Hotels,
Motels. One parking space shall be provided for each unit.
I. All
off-street parking areas and building entries of the adult business
shall be illuminated from dusk to closing hours of operation with
a lighting system that provides an average maintained horizontal illumination
of not less than one footcandle of light and a minimum horizontal
illumination of not less than one footcandle of light on all parking
surfaces and walkways. The required lighting level is established
in order to provide sufficient illumination of the parking areas and
walkways serving the adult business for the personal safety of patrons
and employees and to reduce the incidence of vandalism and criminal
conduct. A lighting plan prepared by a licensed lighting engineer
shall be submitted to the Department of Community Development for
review and approval.
J. The
parking areas and entrances/exits for patrons shall be visible from
the public right-of-way. This view shall not be obstructed by landscaping
or any fence, wall or other barrier.
K. No exterior sign shall be placed, constructed, erected, altered, repaired, improved, converted or painted, except in compliance with Title
18 of the Claremont Municipal Code. It shall be the responsibility of the permittee to take down, remove, or alter signs on the premises so as to comply with this section.
L. 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 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 to any public
exterior area.
M. An adult
business shall be open or operating for business only between the
hours of 10:00 a.m. on any particular day and 2:00 a.m. of the following
morning. It shall be 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 permit any employee and/or independent contractor
to engage in a performance, solicit a performance, make a sale of
solicit a sale, provide a service, or solicit a service, between the
hours of 2:00 a.m. and 10:00 a.m. of any particular day.
N. An adult
business shall display at all times during business hours the permit
issued pursuant to the provisions of this chapter for an adult business
in a conspicuous place so that the permit may be readily seen by all
persons entering the adult business.
O. No employee,
contractor, or other person who works at the adult business, shall
have physical contact with any patron and no patron shall have physical
contact with any employee, contractor, or person who works at the
adult business. This subsection shall only apply to physical contact
on the premises of the adult business.
P. No owner
or other person with managerial control over an adult business shall
permit any employee, independent contractor, or any other person on
the premises of the adult business to engage in the exposure of the
human male or female genitals, pubic area or buttocks with less than
a fully opaque coverage, the female breast with less than a fully
opaque coverage over any part of the nipple or areola, and/or the
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.
Q. No adult
business may conduct any massage, acupuncture, body wrapping, tattooing,
acupressure or escort services on the premises.
R. Every
adult business shall have a manager on duty on the premises during
all times the business is open to the public. At least one manager's
station shall be provided within the adult business for the purpose
of monitoring and supervising activities within the business. The
manager shall endeavor to have the manager's station occupied at all
times the business is open to the public. The occupant of the manager's
station shall not act as a door person, ticket seller, ticket taker,
admittance person or security guard. 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. The view area shall remain
unobstructed by any doors, walls, merchandise, display racks, or other
materials at all times. No patron shall be permitted access to any
area of the premises that has been designated as an area in which
patrons will not be permitted. If the premises have two or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is unobstructed view of each area of the
premises from at least one of the manager's stations.
S. A diagram
of the premises shall be provided to the Police Chief specifying the
location of one or more manager stations and designating any portion
of the premises in which patrons will not be permitted. No alteration
in the configuration or locating of a manager's station shall be made
without the prior written approval of the Police Chief.
T. The
adult business shall provide and maintain separate restroom facilities
for male patrons, male employees, female patrons, and female 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, and patrons shall be prohibited
from using the restroom(s) for employees, and employees shall be prohibited
from using the restroom(s) for patrons, except to carry out duties
of repair, maintenance and cleaning of the restroom facilities. The
restrooms shall be free from any adult 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 an adult business which deals exclusively
with sale or rental of adult material 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.
U. An on-site
security program shall be prepared, implemented and maintained including
the following items:
1. An
interior lighting plan to provide illumination of all areas of the
adult business as provided below. The lighting shall be designed and
operated to provide the minimum maintained foot-candle levels listed
below for specific uses/areas, 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 foot candles)
|
Arcades
|
10
|
Motels/Hotels
|
20 (in public areas)
|
Modeling Studios
|
20
|
2. A
video camera surveillance system shall be installed, utilized and
maintained in good working order in the adult business to record both
the interior building and parking lot area. Such system shall provide
continuous video coverage and recordation during all business hours.
The location of the surveillance camera shall be approved by the Police
Chief. The surveillance tape shall be saved by the manager for a length
of time specified by the Police Chief and made available to the Police
Chief upon request. Restrooms may not contain video reproduction equipment.
3. Security
guards shall be employed to maintain the public peace and safety,
based upon the following standards:
a. Adult businesses such as adult motion picture theatres, 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 50 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 50 or less, video monitoring
of the parking lot may be approved by the Police Chief in lieu of
having a guard stationed outside, subject to the submission and approval
of a video security monitoring plan.
b. 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 Section 5.48.120(A)(6).
c. Security guards shall be charged with preventing violations of laws
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.
4. An
annual review for adequacy of security will be conducted to ascertain
if there has been an increase in calls for emergency services.
V. No owner
or other person with managerial control over an adult business shall
permit any employee, independent contractor, or any other person on
the premises of the adult business to engage in a live showing 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 areola.
W. In addition
to the above development and performance standards, the following
development and performance standards shall apply to any adult business,
other than adult motel or hotel, with a private viewing area, room
or booth of less than 150 square feet of floor area, which exhibits
on the premises or features for observation by patrons, motion pictures,
film, video, slides or other visual reproduction that depicts specified
sexual activities or specified anatomical areas. This subsection does
not apply to an auditorium or seating area of an adult theater.
1. No
private viewing area, room or booth may be occupied by more than one
person at any one time.
2. All
viewing areas, rooms and booths shall be open to view from the manager's
station on at least one side. The view from the manager's station
shall remain unobstructed by any doors, walls, furniture or fixtures,
merchandise, display racks, or other material at all times.
3. The
walls or partitions between viewing rooms or booths shall be designed,
maintained, and regularly inspected so as not to allow viewing of
any kind from one booth to another through holes or openings between
any two such rooms, or through the use of windows, mirrors, television
monitors or other projection or reproduction equipment, or any other
method, and so as not to allow physical contact of any kind between
the occupants of any two such booths or rooms.
4. Customers,
patrons or visitors shall not be allowed to stand idly by in the vicinity
of any such video booths, or from remaining 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 video booths.
5. 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 adult
business.
X. If an
adult business contains an auditorium or hall shall comply with each
of the following additional provisions:
1. The
auditorium or hall shall have individual, separate seats (not couches,
benches or the like) to accommodate the maximum number of persons
who are permitted to occupy (maximum occupancy) the auditorium or
hall;
2. The
area shall have a continuous main aisle along the seating area(s)
in order that each person seated in the auditorium or hall shall be
visible from the aisle at all times; and
3. A
sign shall be posted in a conspicuous place at or near each entrance
to the auditorium or hall area which lists the maximum occupancy of
the auditorium or hall, the occupancy of which shall not exceed the
number of seats within the auditorium or hall.
Y. Adult
businesses providing live entertainment involving, depicting, describing
or relating to specified anatomical areas and/or involving specified
sexual activities shall also comply with the following additional
standards and provisions:
1. No
person shall perform live entertainment for patrons of an adult business
except upon a stage at least 18 inches above the level of the floor
which is separated by a distance of at least 10 feet from the nearest
area occupied by patrons and surrounded with a stationary rail, or
at least six feet from the nearest area occupied by patrons and surrounded
by a solid barrier, which rail or barrier must be at least 30 inches
in height, establishing the separations between entertainers and patrons.
No patron shall be permitted within the area of the stage established
by the barrier (ten feet with a rail or six feet with a solid barrier)
while the stage is occupied by an entertainer.
2. The
adult business shall provide separate dressing room facilities for
entertainers that are exclusively dedicated to the adult 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.
3. The
adult business shall provide access for adult 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.
4. The
adult business shall provide an entrance/exit for adult entertainers,
which is separate from the entrance/exit used by patrons.
5. While
on the premises, no adult entertainer, either before, during or after
performances, shall have physical contact with any patron and no patron
shall have physical contact with any entertainer while on the premises
either before, during or after performances by such entertainer. Patrons
shall not, and shall not be allowed to, 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.
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. This prohibition does
not extend to incidental touching.
6. No
patron shall directly pay or give any gratuity to any adult entertainer
and no adult entertainer shall solicit or accept any pay or gratuity
from any patron. Patrons shall not throw payment or tips to entertainers,
hand tips directly to entertainers, or place tips in the entertainers'
costumes. If patrons wish to pay or tip entertainers, payment or tips
shall be placed in receptacles which shall be located at least 10
feet (or six feet, where a solid barrier has been installed) from
the stage.
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 the 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
areola.
(02-01)
Every permittee of an adult business which has adult entertainers
or provides live entertainment depicting specified anatomical areas
or involving specified sexual activities must maintain a register
of all persons so performing on the premises and copies of the adult
entertainment permits required by this chapter. Such register shall
be available for inspection during regular business hours by any representative
of the Police Department, Department of Community Development, or
other City department.
(02-01)
Every adult business shall display at all time during business
hours the permit 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.
(02-01)
An applicant or permittee shall permit representatives of the
City Police Department, City Community Development Department, Los
Angeles County Fire Department, or other City departments or County
agencies to inspect the premises of an adult business for the purpose
of insuring compliance with the law and the development and performance
standards applicable to adult businesses, at any time it is occupied
or opened 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.
(02-01)
The provisions of this article 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 Council of the City of Claremont.
(02-01)
The City Council shall establish by resolution, and from time
to time may amend, the fees for administration of this chapter. If
additional fees are required for further investigation of an applicant,
the permit shall not be issued until the additional fees are paid
to the Finance Division. Fees required by this chapter shall be in
addition to any fees required by other City code or ordinance.
(02-01)