The purpose of this chapter is to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values; increases in vacancy rates in residential and commercial areas; increases in incidences of criminal activity; increases in litter; noise and vandalism; and the interference with enjoyment of residential property in the vicinity of such businesses.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.
Nothing in this chapter is intended to authorize, legalize or license 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.
(Ord. 277 § 1, 1997)
"Adult businesses"
includes the following:
1. 
Any business conducted for the entertainment of adults, engaged in the selling, renting or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting or displaying sexually oriented devices for use in the specified sexual activities;
2. 
A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, newspaper, pamphlet, film, video or any other form or medium or sexually oriented devices intended for use in the specified sexual activities, which receives 50% or more of the gross revenue from, or devotes 25% or more of the stock on hand or 25% or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity;
3. 
Any business conducted for the entertainment of adults wherein an employee, patron or other person engages in, or is shown, specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes specified anatomical areas. Included in this definition is any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed. "Specified anatomical areas" includes any of the following, whether actual or simulated: (1) less than completely and opaquely covered: (a) human genitals or pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" includes any of the following: (1) actual or simulated sexual intercourse, anal intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of sexual relationships; or (2) clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (3) use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or (4) fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (5) masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (6) erotic or lewd touching, fondling or other contact with an animal by a human being; or (7) human erection, urination, menstruation, vaginal or anal irrigation.
Such a business may not sell or display obscene matter, as that term is defined by Penal Code Section 311 or its successors, and may not exhibit harmful matter, as that term is defined by Penal Code Section 313 or its successors, to minors.
(Ord. 277 § 1, 1997)
A. 
Adult businesses shall not be located:
1. 
Within 250 feet of any lot upon which there is located any residence whether such use is within or outside the incorporated limits of the city; or any property located in a residential or agricultural zone, or equivalent zone in any other jurisdiction; and
2. 
Within 500 feet of any church, chapel or other publicly recognized place of worship whether such use is within or outside the incorporated limits of the city; and
3. 
Within 500 feet of any public or private school (kindergarten through twelfth grade) or child care center whether such use is within or outside the incorporated limits of the city; and
4. 
Within 500 feet of any park owned by a public entity whether such use is within or outside the incorporated limits of the city.
B. 
The distances specified in this section shall be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above.
(Ord. 277 § 1, 1997)
The following development standards shall apply to adult businesses:
1. 
No adult business shall be located in any temporary or portable structure.
2. 
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
3. 
No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
4. 
Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
5. 
No landscaping shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
6. 
The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.
7. 
Signage shall conform to the standards established for the zone and shall not contain sexually explicit photographs, silhouettes or other sexually explicit pictorial representations.
8. 
All entrances to an adult business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.
9. 
No nonconforming structure shall be converted for use as an adult business.
10. 
The adult business shall not conduct or sponsor any activities which create a demand for parking spaces beyond the number of spaces required by this title for the business.
11. 
No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to specified sexual activities or specified anatomical areas, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any merchandise, display, decoration, sign, show window or other opening.
12. 
All exterior areas of the adult business, including buildings, landscaping and parking areas shall be maintained in a clean and orderly manner at all times.
13. 
Any business license required pursuant to this title shall be kept current at all times.
14. 
Each adult business shall conform to all applicable laws and regulations.
15. 
The adult business shall not operate or be open between the hours of ten p.m. and nine a.m.
16. 
The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that sound generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building.
17. 
The adult business will not conduct any massage, acupuncture, tattooing, accupressure or escort services, and will not allow such activities on the premises.
18. 
At least one security guard shall be on duty patrolling the premises at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter and with notifying the sheriff of any violations of law observed. Security guard(s) required by this subsection 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 or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker or admittance person while acting as a security guard hereunder.
(Ord. 277 § 1, 1997)
No adult business shall be established until an application for an adult business permit is approved by the planning commission following a public hearing with notice provided in accordance with established procedures for the CPD zone.
(Ord. 277 § 1, 1997)
An application for an adult business permit shall contain the information required by Section 501.3 of Los Angeles County Ordinance No. 1494, as adopted by reference, and a narrative description of the proposed use or development including: an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections 6.29.010 through 6.29.080 of this chapter.
(Ord. 277 § 1, 1997)
When an adult business permit application is filed, it shall be accompanied by the filing fee set by resolution of the city council.
(Ord. 277 § 1, 1997)
A. 
When an application has been accepted as completed, the director of community development shall set the application for a nondiscretionary public hearing before the planning commission within 60 days from the date on which the application was accepted as complete, following the notice procedures established by the city for the CPD zone. The planning commission shall approve or disapprove the application within ninety days (90) days from the date on which the application was accepted as complete by the director of community development.
B. 
Any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time limits specified in Section 65950 et seq., of the Government Code or the California Environmental Quality Act.
C. 
In considering an application for a permit pursuant to this chapter, the planning commission shall approve the permit if it makes the following findings:
1. 
The adult business is consistent with the location and development standards contained in this chapter; and
2. 
The adult business is located in a zone classification which lists the adult business as a permitted use; and
3. 
The adult business is consistent with the requirements set forth in this title;
4. 
Except as specifically provided in this chapter, the adult business complies with the development features prescribed in this title.
D. 
Issuance or denial of the ministerial permit is not subject to administrative appeal.
E. 
Notice of the commission's action shall be provided to the property owner by registered mail, return receipt requested.
(Ord. 277 § 1, 1997)
If the provisions of this chapter conflict or contravene the provisions of another chapter of this title, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.
(Ord. 277 § 1, 1997)
A. 
The planning commission may modify or revoke an adult business permit following a public hearing as provided by Section 6.29.060 of this chapter if it finds that one or more of the following conditions exist:
1. 
The building, structure, equipment or location of such business does not comply with or fails to meet any of the health, zoning, building, fire and safety requirements or standards of any laws of the state of California or ordinances of the county of Los Angeles or city of La Cañada Flintridge applicable to such business operation;
2. 
The business owner, its employees, agents or manager has been convicted in a court of competent jurisdiction of:
a. 
Any violation of any statute, or any other ordinance arising from any act performed in the exercise of any rights granted by the adult business permit, the revocation of which is under consideration, or
b. 
Any offense involving the maintenance of a nuisance caused by any act performed in the exercise of any rights granted by the adult business permit, the revocation of which is under consideration;
c. 
The business owner, its employees, agent or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record required to be filed with the planning commission.
B. 
Notice of the commission's action shall be provided to the applicant and property owner by registered mail, return receipt requested.
(Ord. 277 § 1, 1997)