"Adult bookstore" means an establishment having as a substantial
or significant portion of its stock in trade, books, magazines and
other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
"Adult-oriented business" means any establishment or concern
which as a regular and substantial course of conduct performs or operates
as an adult arcade, adult bookstore, adult cabaret, adult mini-motion
picture theater, adult motion picture theater, adult motel/hotel,
adult theater, adult video store, or sells or distributes adult merchandise
or adult material, massage/acupressure parlor, model studio, or any
other business or concern which as a regular and substantial portion
of its business offers to its patrons products, merchandise, services
or entertainment which are distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas but not including those uses or activities
the regulation of which is preempted by state law. "Adult business"
shall also include any establishment which as a regular and substantial
course of conduct provides or allows performers, models, or employees
to appear in any public place in clothing which does not opaquely
cover specified anatomical areas.
As used in this chapter, the terms "regular and substantial
course of conduct" and "regular and substantial portion of its business"
shall mean any adult-oriented business where one or more of the following
conditions exist:
The area(s) devoted to the display of adult merchandise and/or
adult material exceeds twenty percent of the total floor area used
for the display area of the business; or
Repealed;
The business or concern presents any type of live entertainment
characterized by an emphasis on specified sexual activities or specified
anatomical areas, or performers, models or employees appearing in
public in any attire which does not opaquely cover specified anatomical
areas on any four or more separate days for any period of time per
day within any thirty-day period; or
At least twenty-five percent of the gross receipts of the business
are derived from the sale, trade, display or presentation of services,
products or entertainment which are characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
"Adult cabaret" means a nightclub, bar, restaurant or similar
establishment which features as a regular and substantial course of
conduct, live performances by topless and/or bottomless dancers, go-go
dancers, exotic dancers, strippers, or similar entertainers, and where
such performances are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
"Adult material" means any adult merchandise, or any book,
periodical, magazine, photograph, drawing, sculpture, motion picture
film, video tape recording, CD-ROM, or other visual representation,
characterized by an emphasis on matter depicting, describing, or relating
to specific sexual activities or specified anatomical areas.
"Adult merchandise" means any sex-oriented implements or
paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented
vibrators, edible underwear, benwa balls, inflatable orifices, anatomical
balloons with orifices, simulated and/or battery operated vaginas,
and similar sex-oriented devices which are designed or marketed primarily
for the stimulation of human genital organs or sadomasochistic activity.
"Adult motel or hotel" means a motel or hotel which as a
regular and substantial course of conduct provides to its patrons,
through the provision of rooms equipped with closed-circuit television
or other medium, material which is distinguished or characterized
by the emphasis on matter depicting, describing or relating to specified
sexual activity or specified anatomical areas and/or which rents,
leases, or lets any room more than once in a twenty-four-hour period
and/or which advertises the availability of any of the above.
"Adult motion picture arcade" means any place to which the
public is permitted or invited and where, which as a regular and substantial
course of conduct, coin or slug-operated or electronically, electrically
or mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by an emphasis on
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
"Adult motion picture theater" means an enclosed building
with a capacity of six or more persons which, as a regular and substantial
course of conduct, is used for presenting material distinguished or
characterized by its emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas for observation
by patrons in the facility.
"Adult video store" means an adult business featuring the
display of adult merchandise and/or adult material which exceeds twenty
percent of the total floor area used for the display of video cassettes,
movies, films, CD-ROM, video disks and which are distinguished or
characterized by their emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
"Individual viewing area" shall mean a viewing area designed
for occupancy by one person.
"Model studio" means any business where, for any form of
consideration or gratuity, figure models who display specified anatomical
areas are provided to be observed, sketched, drawn, painted, sculptured,
photographed or similarly depicted by persons paying such consideration
or gratuity.
"Specified anatomical areas" as used in this chapter include:
"Specified sexual activities" as used in this chapter include:
Actual or simulated intercourse, oral copulation, anal copulation,
bestiality, 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 a sexual relationship, and any of the
following depicted sexually oriented acts or conduct: anilingus, buggery,
coprography, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks,
or female breasts; or
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human erection, urination, menstruation, vaginal or anal irrigation;
or
The presence of any person who performs or appears in attire
where specified anatomical parts are either not opaquely covered or
minimally covered with devices commonly referred to as pasties and
g-strings, and which cover the natal cleft and pubic area but does
so at a width of less than one inch on either side of the entire length
of the natal cleft and two inches across the pubic area.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 816-97 §§ 2, 3; Ord. 1122-16 § 10)
A.
Permit
Required. It is unlawful for any person or entity to operate, engage
in, conduct or carry on any adult-oriented business within the city
of Lawndale unless the owner of said business first obtains, and continues
to maintain in full force and effect, both an adult-oriented business
permit and a business license from the city of Lawndale for such business.
B.
Persons
Eligible. The owner of the proposed adult-oriented business, as defined
in Section 17.94.010(B), shall be the only person eligible to obtain
an adult-oriented business permit.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
A.
The
property owner, or authorized agent of the property owner, is eligible
to request an adult-oriented business permit. A single adult-oriented
business permit shall suffice for the operation of any adult-oriented
business within the city.
B.
The
following information is required at the time an adult-oriented business
permit is submitted to the community development department:
1.
A
completed adult-oriented business permit application signed by the
property owner or authorized representative;
2.
A
nonrefundable deposit or fee as set forth by resolution of the city
council to cover the cost of the processing of the application;
3.
A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 17.94.040 of this chapter;
4.
All
other information as required by city of Lawndale adult-oriented business
permit information sheet.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
A.
The
community development director shall issue an adult-oriented business
permit within fifteen days of receipt of a complete application if
the director finds that:
1.
The
adult-oriented business shall be located in the city's M-1 (light
manufacturing) zoning district.
2.
The
adult-oriented business shall not be located on any property which
is within two hundred fifty feet of any property which is located
in a residential zone.
3.
The
adult-oriented business shall not be located on any property which
is within five hundred feet of any property which is located a public
park or school, or within five hundred feet of any property which
is used by a religious institution for religious activities at least
four times per week.
4.
Adult-oriented
businesses shall provide parking in accordance with the following:
5.
The
adult-oriented business shall not be located completely or partially
within any mobile structure or pushcart.
6.
The
adult-oriented business shall not stage any special event, promotions,
festivals, concerts or similar activities which would increase the
demand for parking spaces beyond the approved number of spaces for
the business.
7.
The
adult-oriented business shall provide a security system that visually
records and monitors all parking lot areas. All indoor areas of the
adult-oriented business shall be open to public view at all times
with the exception of restroom facilities. "Accessible to the public"
shall include but not be limited to those areas which are only accessible
to members of the public who pay a fee and/or join a private club
or organization.
8.
The
adult-oriented business complies with the city's sign regulations.
9.
The
adult-oriented business complies with the development and design requirements
of the zone in which it is to be located.
10.
The adult-oriented business shall not display any adult material
or adult merchandise which would be visible from any location other
than from within the adult-oriented business.
11.
The adult-oriented business shall not allow admittance to any person
under the age of eighteen if no liquor is served, or under the age
of twenty-one if liquor is served.
12.
The adult-oriented business shall not operate between the hours of
two a.m. and nine a.m.
13.
Neither the applicant, if an individual, nor any of the officers
or general partners, if a corporation or partnership, of the adult-oriented
business shall have been found guilty within the past two years of
a misdemeanor or felony classified by the state as a sex-related offense
and have not violated any of the provisions of an adult-oriented business
permit or similar permit or license in any city, county, territory
or state.
14.
The adult-oriented business shall provide separate restroom facilities
for male and female patrons. The restrooms shall be free from adult
materials and adult merchandise. Only one person shall be allowed
in the restroom at any time, unless otherwise required by law, in
which case the adult-oriented business shall employ a restroom attendant
of the same sex as the restroom users who shall be present in the
restroom during operating hours. The attendant shall prevent any person(s)
from engaging in any specified sexual activities within the restroom
and shall ensure that no person of the opposite sex is permitted in
the restroom.
15.
The interior of the adult-oriented business shall be configured such
that there is an unobstructed view of every public area of the premises,
including, but not limited to, the interior of all individual viewing
areas, from a manager's station which is no larger than thirty-two
square feet of floor area with no single dimension being greater than
eight feet in a public portion of the establishment. No public area,
including, but not limited to, the interior of any individual viewing
area, shall be obscured by any door, curtain, wall, two-way mirror
or other device which would prohibit a person from seeing into the
interior of the individual viewing area from the manager's station.
A manager shall be stationed in the manager's station at all times
the business is in operation or open to the public in order to enforce
all rules and regulations. No individual viewing area shall be designed
or operated to permit the occupancy of more than one person at a time.
"Individual viewing area" shall mean any area designed for occupancy
of one person for the purpose of viewing live performances, pictures,
movies, videos or other presentations.
16.
All areas of the adult-oriented business shall be illuminated at
a minimum of ten foot-candles, minimally maintained and evenly distributed
at floor level.
17.
The individual viewing areas of the adult-oriented business shall
be operated and maintained with no holes, openings or other means
of direct visual or physical access between the interior space of
two or more individual viewing areas.
18.
No individual viewing area may be occupied by more than one person
at any one time.
19.
The adult-oriented business shall not permit noise generated inside
said premises to exceed fifty-five dbA as measured at any point on
the property line separating the property on which the adult business
is located from adjacent properties.
20.
The adult-oriented business shall comply with all building and construction
standards of the Uniform Building Code, Chapter 24 hereof, Title 24
of the California Code of Regulations, and all other federal, state
and city-adopted standards for the specific use.
21.
Whenever live entertainment is provided, patrons shall be physically
separated from performers by a buffer zone of at least six feet. "Live
entertainment," for the purposes of this requirement, shall mean any
existent display by a human being which is characterized by an emphasis
on specified sexual activities or specified anatomical areas. This
provision shall not apply to an individual viewing area where the
stage is completely separated from the individual viewing area by
a floor to ceiling permanent, solid barrier.
22.
No patron shall directly or indirectly pay or give any gratuity to
any performer and no performer shall solicit or accept any gratuity
from any patron.
23.
Any adult-oriented business providing live entertainment shall provide
one security guard for every one hundred patrons, or fraction thereof.
24.
No building, premises, structure or other facility shall be permitted to contain more than one type of adult-oriented business as such types of adult-oriented business are defined in Section 17.94.010. For the purposes of this section, the catch-all phrase "adult-oriented business" shall not be considered a single type of adult-oriented business.
25.
No owner or other person with managerial control over an adult-oriented business (as that term is defined in Section 17.94.010) which is not a theater, concert hall or similar establishment primarily devoted to theatrical performances shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque covering over the nipple and/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 area required to be covered.
26.
No owner or other person with managerial control over an adult-oriented business (as that term is defined in Section 17.94.010) which is a theater, concert hall or similar establishment primarily devoted to theatrical performances shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque covering, and/or the female breast with less than fully opaque covering over the nipple and/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 area required to be covered.
B.
The
community development director shall deny the requested permit if
the above findings have not been made.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 816-97 § 4; Ord. 1122-16 § 11)
An adult business permit shall be valid for a period of one
year from the date of permit approval.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
An adult business permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirements of the permit and is in compliance with all applicable provisions of this chapter. A request for permit renewal must be accompanied by a renewal application form which shall be made available by the community development department, and a permit renewal processing fee. If the application conforms to the previously approved application, and the adult business has not changed, the permit shall be renewed by the community development director. If the community development director finds that there have been changes in the operation of the adult business, or that such business is not in compliance with the provisions of this chapter, the permit renewal shall be denied. If the permit renewal is denied, the community development director shall initiate revocation proceedings as set forth in Section 17.94.080.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
No adult business shall be sold, transferred or assigned by
any permit holder, or by operation of law, to any other person, group,
partnership, corporation or any other entity, and any such sale, transfer
or assignment shall be deemed to constitute a voluntary surrender
of such permit, and such permit shall be thereafter null and void.
An adult business permit held by an individual in a corporation or
partnership is subject to the same rules of transferability as contained
above. Any change in the nature or composition of the adult business
from one type of adult business to another type of adult business
use shall also render the permit null and void. An adult business
permit shall be valid only at the exact location specified in the
permit.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
A.
The
permit holder shall allow officers of the city of Lawndale and their
authorized representatives to conduct unscheduled inspections of the
premises of the adult business for the purpose of ensuring compliance
with the law at any time the adult business is open for business.
B.
The
community development director shall revoke an adult business permit
when:
2.
The
application is discovered to contain incorrect, false or misleading
information;
3.
The
permit holder is convicted of a felony or misdemeanor occurring upon,
or relating to the premises or lot upon which the adult business is
located, which offense is classified by the state as an offense involving
sexual crime against children, sexual abuse, rape, 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 243.3, 261, 261.5, 264.1, 266,
266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through
311.10, inclusive, 314, 315, 316 or 647;
4.
If,
on two or more occasions within a twelve-month period, a person or
persons has (have) been convicted of a felony or misdemeanor for an
offense set forth in subdivision (3) of this subsection as a result
of such person's activity on the premises or property on which the
adult business is located, and the person or persons were employees,
contractors or agents of the adult business at the time the offenses
were committed;
5.
If
the permit holder or an employee has knowingly allowed prostitution,
or solicitation for prostitution, on the premises; or
6.
The
adult business has been operated in violation of any of the requirements
of this chapter, and (a) if the violation is of a continuous nature,
the business continues to be operated in violation of such provisions
for more than ten days following the date written notice of such violation
is mailed or delivered to the owner, or (b) if the violation is of
a noncontinuous nature, two or more additional violations of the same
provision, or four or more violations of any other of the provisions,
of this chapter occur (regardless of whether notice of each individual
violation is given to owner within any twelve-month period).
C.
Upon
determining that grounds for permit revocation exist, the community
development director shall furnish written notice of the proposed
revocation to the permit holder. Such notice shall summarize the principal
reasons for the proposed revocation; shall state that the permit holder
may request a hearing within fifteen calendar days of the postmarked
date on the notice; and shall be delivered both by posting the notice
at the location of the adult business and by sending the notice by
certified mail, postage prepaid, addressed to the permit holder as
that name and address appears on the permit. Within fifteen calendar
days after the later of the mailing or posting of the notice, the
permit holder may file a request for hearing before the planning commission.
D.
Upon
receipt of a written request for a hearing, the community development
director shall set the hearing in the same manner as proscribed for
special use permits.
E.
No
application for an adult business permit shall be accepted or processed
for any person, corporation, partnership or member thereof, or any
other entity for which an adult business permit has been revoked within
the preceding three-year period.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 912-02 § 13)
Notwithstanding any other provisions of this code, no adult-oriented business legally operating prior to the effective date of the ordinance codified in this chapter may be expanded in any manner unless and until the entire adult-oriented business complies in all respects with the provisions of this chapter and/or any other provision of the code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the adult-oriented business is located or operating and/or the introduction and/or addition of any category of adult-oriented business not legally operating on the property prior to the enactment of the ordinance codified in this chapter as such separate categories of adult-oriented business uses are contained in Section 17.94.010. For the purposes of this section, the catchall phrase "adult-oriented business" shall not be considered a single category of adult-oriented business.
(Ord. 771-94 § 3)
