City of Monterey Park, CA SEXUALLY ORIENTED BUSINESS REGULATIONS

Subject to the foregoing, sexually oriented businesses shall be permitted only in the Office Professional (O-P) Zone provided:

Each such sexually oriented business shall, prior to commencement or continuation of such business, first apply for and receive approval from the City Council, after recommendation from the Planning Commission, for a special use permit.

Each such sexually oriented business must, prior to commencement or continuation of such business, first apply for and receive a sexually oriented business license.

The City Council shall issue such special use permit if that body finds that the proposed facility or use complies with the regulations specified in this chapter.

Each such use must comply with all applicable development and design regulations of the Office Professional (O-P) Zone.

A sexually oriented business shall not be established nor located within 500 feet of a freeway or within 300 feet of a major arterial street. The distance shall be measured from the edge of the right-of-way of the freeway or major arterial street, in a straight line without regard to intervening structures, to the nearest point of the building or structure in which the sexually oriented business is or will be located.

A sexually oriented business shall not be established nor located within 500 feet of the following:

Any County or City residential zone;

Any parcel with a residential use;

Any religious institution, or property zoned, planned or otherwise designated for such use by City action;

Any school, public park or property zoned, planned or otherwise designated for such use by City action.

(D)

For purposes of this subsection all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structures in which the sexually oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsections (C)(1) through (4) of this section.

(Ord. 2097 § 3, 2013)

§ 21.26.030 Requirements for Special Use Permit.

Procedures. Applications for a special use permit shall be filed with the Planning Department on forms furnished by the City, setting forth fully the nature of the proposed use.

Each such application shall be accompanied by a filing and processing fee in the amount set by resolution of the City Council.

Every application for a special use permit shall be set for a public hearing before the Planning Commission, notice of which shall be given as provided in Section 21.32.070 of this title, and which notice shall contain a description of the subject property, a brief description of the proposed use, and the date, time and place of the hearing. After such hearing the Planning Commission shall recommend to the City Council that the special use permit be approved, conditionally approved or disapproved.

Following the recommendation of the Planning Commission, the City Council shall set a public hearing for the applicants. Notice of the hearing shall be given as provided in this chapter. After the hearing, the City Council shall approve, conditionally approve, or deny the application pursuant to this chapter. The City Council shall deny a special use permit for failure to meet the requirements of this chapter.

A special use permit shall be granted pursuant to the following requirements and conditions:

Fire Standards. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City.

Operations. No sexually oriented business shall be operated in any manner that permits the observation of any material 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.

Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism, theft and other criminal activity. All off-street parking areas and premises entries shall be illuminated from dusk to closing hours of operation with a lighting system which provides a minimum horizontal illumination of one foot-candle of light on the parking surface and/or walkways. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Development.

Amplified Sound. No loudspeakers or sound equipment shall be used by a sexually oriented business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City.

Sexually Oriented Arcades.

(a)

It is unlawful to maintain, operate or manage or to permit to be maintained, operated or managed any sexually oriented arcade in which the arcade viewing areas are obscured by a curtain, door, wall, or other enclosure or are not visible from a continuous main aisle. For purposes of this subsection, viewing area means the area where a patron or customer would ordinarily be positioned while watching the performance, picture, show, film, video or electronic transmission.

(b)

It is unlawful for more than one person at a time to occupy any individually partitioned arcade viewing area or booth.

(c)

It is unlawful to create, maintain or permit to be maintained any holes or other openings between any two booths or individual arcade viewing areas for the purpose of providing viewing or physical access between the booth or individual arcade viewing area.

Signs. All on-site signage shall conform to the relevant provisions of Chapter 21.24 of this code and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations. Freeway signs shall be prohibited for sexually oriented businesses.

Sale/Serving of Alcohol. No sexually oriented business shall permit the sale, service or consumption of alcohol within said business.

(8)

Age Restrictions. It is unlawful to permit patrons or employees under the age of 18 in the portion of a structure occupied by a sexually oriented business, including sexually oriented arcades, sexually oriented bookstores, sexually oriented cabarets, sexually oriented motels, sexually oriented motion picture theaters, sexually oriented theaters, lingerie modeling businesses or sexual encounter establishments. 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.

(9)

Time of Operation. No sexually oriented business shall be open or operating during the hours from 12:00 a.m. to 8:00 a.m.

(10)

Landscaping. No landscaping shall exceed 30 inches in height, except trees with foliage, not less than six feet above the ground.

(11)

Additional Requirements for 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 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 no patron shall be permitted within 10 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 44 inch wide walkway 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 rail(s) at least 42 inches in height shall be maintained establishing the separations between entertainers and patrons required by this section.

(g)

No owner or other person with managerial 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 buttocks 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.

(12)

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 35 persons, an additional security guard shall be on duty. If the occupancy limit is greater than 70 persons, then additional security guards may be required if it is determined by the police chief that their presence is necessary.

(b)

Security guards for other sexually oriented 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 21.26.110(B)(5) from occurring on the premises.

(c)

Security guard(s) 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 a 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.

The foregoing applicable requirements of this section shall be deemed conditions of a sexually oriented business conditional use permit, and failure to comply with every such requirement shall be grounds for revocation of the conditional use permit issued pursuant to these regulations. The sole remedy for violation of subsection (B)(8) of this section is revocation of the sexually oriented business conditional use permit.

(Ord. 2097 § 3, 2013)

§ 21.26.040 Time Limits for Action on Special Use Permit.

Final action of approval or denial by the City Council shall be taken within 90 days from filing a complete application for a special use permit with the Community Development Department. If the City Council fails to act within 90 days, the application shall be deemed approved if the sexually oriented business satisfies all the criteria in this chapter and shall be subject to all regulations in this chapter.

(Ord. 2097 § 3, 2013)

§ 21.26.050 Suspension and Revocation of a Special Use Permit.

The City Council may suspend or revoke any special use permit if it is found that any of the following conditions exist:

Any material violation of the regulations in this chapter.

The operation conducted by the permittee does not comply with all State or local building, health, zoning or fire regulations.

The approved use has been substantially enlarged without City approval; the approved use has been partially or wholly converted to another sexually oriented business without City approval; the conditional use permit has not been utilized within six months of its issuance; the conditional use permit has been discontinued for 120 consecutive days or a minimum of 180 days within any 12 month period.

(D)

Failure to abide by a disciplinary action previously imposed by a City Official.

(E)

The sexually oriented business license has been suspended or revoked.

(Ord. 2097 § 3, 2013)

§ 21.26.060 Sexually Oriented Business License Required.

An applicant for the operation of a sexually oriented business shall apply for a sexually oriented business license after a special use permit is approved by the City Council. The sexually oriented business shall not be permitted to commence business until the business license is issued. Such sexually oriented business license shall be nontransferable and must be reviewed on an annual basis on the anniversary date of the original application. The license obtained is nontransferable and a new license must be obtained if the business is leased, sold or otherwise transferred for any reason.

Applicant for such license shall file a written, signed and verified application or renewal application on a form provided by the City Planner. Such application shall contain:

The name and address (other than post office box) of applicant;

The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than 25% of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the partners;

A detailed description of the operation, type and services or entertainment to be provided by the sexually oriented business and the number of persons engaged in the business;

Hours of operation;

A location, address and floor plan indicating how the uses are proposed to be conducted within the building;

The name or names of the person or persons having the management or supervision of applicant's business at the location; and

For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application.

All applicants for a license or renewal shall be filed with the City Business License Division subject to investigation by the Police Department and report by the City Planner. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such application.

After an investigation by the Police Department and report by the City Planner, the City Business License Division shall issue a license or renewal unless one or more of the following are found to be true:

That the building, structure, equipment and 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 of California and of the City;

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 police department, or other department of the City;

That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has had any type of sexually oriented business license revoked by any public entity within two years of the date of the application;

That a special use permit has been revoked or denied for the use; or

That an applicant is under 18 years of age.

(Ord. 2097 § 3, 2013)

§ 21.26.070 Sexually Oriented Business Performer License Required.

An applicant for a sexually oriented business performer license shall apply for a sexually oriented business performer license after a special use permit is approved by the City Council for the sexually oriented business at which the applicant will perform. The sexually oriented business performer shall not be permitted to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually oriented business until the performer license is issued. Such sexually oriented business performer license shall be nontransferable and must be reviewed on an annual basis on the anniversary date of the original application. All persons who have been issued a sexually oriented business license shall promptly supplement the information provided as part of the application for the license required in Section 21.26.060, with the names of all performers required to obtain a sexually oriented business performer license, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually oriented business license.

Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Department of Community Development. Such application shall contain:

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

Age, date and place of birth;

Present residence address and telephone number;

State driver's license or identification number;

Satisfactory written proof that the applicant is at least 18 years of age;

The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be reviewed;

(8)

For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application.

All applications for a license or renewal shall be filed with the City Business License Division subject to investigation by the Police Department and report by the City Planner. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the cost of investigation, inspection and processing of such application.

The applicant 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 Police Department, or other departments of the City;

The applicant has had any type of sexually oriented business license or sexually oriented business performer license revoked by any public entity within two years of the date of the application;

The sexually oriented business performer license is to be used for performing in a sexually oriented business prohibited by the State or City; or

The applicant is under 18 years of age.

(Ord. 2097 § 3, 2013)

§ 21.26.090 Inspection.

An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Community Development Department, other City departments or agencies to inspect the premises of a sexually oriented business for the purpose of assuring compliance with the law, 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 or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business.

(Ord. 2097 § 3, 2013)

§ 21.26.100 Suspension or Revocation of License.

A sexually oriented business license or a sexually oriented business performer's license may be suspended or revoked in accordance with the procedures and standards of this section.

On determining that grounds for license revocation exist, the City Planner shall furnish written notice of the proposed suspension or revocation to the licensee. 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, receipt requested, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Planner, but at a minimum shall include the following:

All parties involved shall have a right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

After an investigation, notice and hearing, the City Planner may suspend or revoke an existing sexually oriented business license or sexually oriented performer's license, if based upon the evidence it is found that one or more of the following conditions exist:

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 and safety laws of the State of California, or of the ordinances of the City;

The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material facts in the application for a license, or in any report or record required to be filed with the Police Department, or other department of the City;

The licensee has had any type of sexually oriented business license revoked by any public entity within two years of the date the license was issued;

That the licensee, manager or any agent or employee of the licensee 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 the subject sexually oriented business or of any sex-related crime after the date of issuance of the sexually oriented business license for said business;

That 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;

That the subject sexually oriented business has employed minors;

That the licensee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this chapter; or

(8)

That the special use permit for the use has been suspended or revoked; or

(9)

Failure to abide by a disciplinary action previously imposed by a City official.

After holding the hearing in accordance with the provisions of this section, if the City Planner finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Planner shall impose one of the following:

A warning;

Suspension of the permit for a specified period not to exceed six months;