It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
(Ord. 167 § 4, 2007)
In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this chapter, Chapter 5.12 and Chapter 9.08, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail.
"Adult arcade"
means a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."
"Adult booth/individual viewing area"
means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
1. 
Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas";
2. 
Where "adult arcade devices" are located.
"Adult business"
means:
1. 
A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or
2. 
A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult-oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by State law.
"Adult cabaret"
means a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment."
"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:
1. 
Provides patrons with closed circuit television transmissions, films, computer generated images, cable television, still or motion pictures, video cassettes, slides, projectors, videos, holograms, virtual reality devices or other image-producing devices or photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of, 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 live entertainment"
means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.
"Adult modeling studio"
means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California.
"Adult motion picture theater"
means a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
"Adult oriented material"
means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult-oriented material" includes "sexually oriented merchandise."
"Adult retail store"
means a business establishment having as a regular and substantial portion of its stock in trade, "adult-oriented material."
"Establishment of an adult business"
means any of the following:
1. 
The opening or commencement of any "adult business" (as defined above) as a new business;
2. 
The conversion of an existing business, whether or not an "adult business," to any "adult business";
3. 
The addition of any "adult business" to any other existing "adult business";
4. 
The relocation of any "adult business"; or
5. 
Physical changes that expand the square footage of an existing "adult business" by more than 10%.
"Owner/license holder"
means any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult business; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation.
"Performer"
means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.
"Sexually oriented merchandise"
means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
"Specified anatomical areas"
means and includes any of the following:
1. 
Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:
a. 
Genitals, pubic region;
b. 
Buttocks, anus; or
c. 
Female breasts below a point immediately above the top of the areola; or
2. 
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
"Specified sexual activities"
means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:
1. 
Human genitals in a state of sexual stimulation or arousal;
2. 
Acts of human masturbation, sexual stimulation or arousal;
3. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
4. 
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints;
5. 
Human excretion, urination, menstruation, vaginal or anal irrigation;
6. 
Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
(Ord. 167 § 4, 2007; Ord. 247 § 18, 2013)
A. 
All adult businesses are subject to the adult business license requirements of this chapter as well as all other applicable ordinances of the City and laws of the State of California. It is unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City of Lake Forest unless the person first obtains, and continues to maintain in full force and effect, an adult business license as herein required. Any occurrence of the "establishment of an adult business" as defined in Section 5.10.012, shall require a new application for an adult business license. The adult business license shall be subject to the development and operational standards of this chapter and the regulations of the zoning district in which the facility is located.
B. 
1. 
An application for a license must be made on a form provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
2. 
The application form shall include the following:
a. 
The applicant's full name and any other names or aliases used by the individual during the last five years:
i. 
If the license applicant is a corporation or L.L.C., the applicant shall provide its complete name, the date of its organization, evidence that the entity is in good standing under the laws of the State of California, the names and capacities of all officers, directors and individuals with managerial control over the facility, the name of the registered agent, and the address of the registered officer or member for service of process.
ii. 
If the applicant is a partnership, the applicant shall provide the name and address of each of the partners—including limited partners;
b. 
Age, date, and place of birth of the applicant;
c. 
Height, weight, and color of hair and eyes of the applicant;
d. 
Present business address and telephone number (a post office box or a postal annex address is not sufficient to meet this requirement);
e. 
Proposed business address and telephone number (a post office box or a postal annex address is not sufficient to meet this requirement);
f. 
Present residence address and telephone number of the applicant;
g. 
State driver's license or identification number of the applicant;
h. 
Social Security number of the applicant;
i. 
Evidence that the individual is at least 18 years of age;
j. 
A statement describing the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
k. 
A signed and verified statement that the license applicant, if an individual, or partners, officers, directors, if an L.L.C., partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense and (a) more than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (b) more than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (c) more than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24 month period;
l. 
Attached to the application form as provided above, two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the City. For persons not residing in the City, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant. The application form shall be signed under penalty of perjury; and
m. 
Payment of the application fee as set by resolution of the City Council.
3. 
Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which information is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a license application made available to any member of the public, the information set forth above.
C. 
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the City and by the Orange County Fire Authority. Such inspections shall occur within 30 days of the application being found or deemed complete, otherwise the requirement that the premises be inspected shall be waived.
D. 
Any person who wishes to operate an adult-oriented business must sign the application for the license under penalty of perjury as the applicant.
E. 
The fact that a person possesses any other valid license issued by the City or the County of Orange does not exempt the person from the requirement of obtaining an adult-oriented business license. A person who operates an adult-oriented business and possesses any other City or County license shall comply with the requirements and provisions of this chapter and all City codes as well as the requirements and provisions of such other license.
F. 
Any existing adult-oriented business which currently exists as a lawful use on the date this chapter becomes effective shall have six months from the effective date of the ordinance codified in this chapter to obtain a license hereunder.
(Ord. 167 § 4, 2007; Ord. 247 § 19, 2013)
A. 
The completeness of an application for an adult license shall be determined by the City Manager or designee (hereinafter "City Manager") within five working days of its submittal. If the City Manager determines that the license application is incomplete, the City Manager shall immediately notify in writing the license applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five working days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.
B. 
Upon receipt of a completed application and payment of the application and license fees, the City Manager shall immediately write or stamp the application "Received" and, in conjunction with City staff, shall promptly investigate the information contained in the application to determine whether an adult business license shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.
C. 
Within 30 days of receipt of the completed application, the City Manager shall issue or deny the license.
D. 
In reaching a decision, the City Manager shall not be bound by the formal rules of evidence in the California Evidence Code.
E. 
The failure of the City Manager to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to appeal pursuant to Section 5.10.027. The City Manager's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this Code.
F. 
Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.
G. 
The City Manager shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
1. 
The City Manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
2. 
If the application is denied, the City Manager shall attach to the application a statement of the reasons for the denial.
3. 
If the application is granted, the City Manager shall attach to the application an adult business license.
H. 
The City Manager shall grant the application and issue the adult business license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth below.
I. 
If the City Manager grants the application, the applicant may begin operating the adult business for which the license was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The license holder shall post the license conspicuously in the premises of the adult business.
J. 
The City Manager shall deny the application if the applicant fails to establish any of the following:
1. 
The adult business complies with the City's zoning requirements as to its underlying zoning designation;
2. 
The adult business complies with the development, operational or performance standards found in this chapter;
3. 
The license applicant is at least 18 years of age;
4. 
The required application fees have been paid;
5. 
The application complies with Section 5.10.014(B)(2).
K. 
A person cannot re-apply for an adult business license for a particular location within one year from the date of prior denial.
L. 
Any affected person may appeal the decision of the City Manager in writing in accordance with the provisions of Section 5.10.027.
(Ord. 167 § 4, 2007)
The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for an adult-oriented business license shall be set by resolution of the City Council.
(Ord. 167 § 4, 2007)
A. 
Hours of Operation. It is unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to license any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of two a.m. and ten a.m. of any day excepting here from an "adult hotel/motel."
B. 
Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within 24 hours.
C. 
Interior Lighting Requirements. All interior areas of the adult business excepting therefrom adult hotels/motels shall be illuminated at a minimum of 1.00 footcandle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within 24 hours, excepting herefrom an "adult hotel/motel."
D. 
Regulation of Adult Booth/Individual Viewing Area.
1. 
No adult booth/individual viewing area shall be occupied by more than one individual at a time.
2. 
Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or any other device.
3. 
No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.
4. 
No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
5. 
No beds shall be permitted in an adult booth/individual viewing area.
E. 
On-site Manager—Security Measures. All adult businesses shall have a responsible person who shall be at least 18 years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his/her name to the Director of Community Development or his/her designee (hereinafter "Planning Director") to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.
All adult businesses shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, state-licensed, uniformed security guards to patrol and monitor the parking lot areas during all times during which the business is open. If the business employs security guards, they shall provide written confirmation to the Chief of Police Services prior to their employment that the guards are duly registered. No performer may serve as a security guard.
A sign indicating compliance with this provision shall be posted on the exterior of the premises between four to six feet from the ground. The sign shall not exceed two feet by three feet and shall at a minimum be one foot by one and a half (1 ½) feet and shall utilize red or black printing of letters not less than one inch in size.
F. 
Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.
G. 
Signs. All adult businesses shall comply with the following sign requirements, in addition to those of the Lake Forest Municipal Code. Should a conflict exist between the requirements of the Lake Forest Municipal Code and this subsection, the more restrictive shall prevail.
1. 
If an adult business does not serve alcohol, it shall post a notice inside the establishment, within 10 feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 24 points. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.
2. 
No adult-oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.
H. 
Regulation of Public Restroom Facilities. If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult-oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.
I. 
Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag or with individually bagged trash at least once a day. At least four times a day, the front and rear exteriors of any adult business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.
J. 
Adult Live Entertainment—Additional Operating Requirements. The following additional requirements shall apply to adult businesses providing adult live entertainment:
1. 
No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor. No patron shall be permitted on the stage while the stage is occupied by a performer(s). This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier.
2. 
No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the no touching requirements by employees or independent contractors of the establishment.
3. 
All employees and independent contractors of the adult facility, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.
4. 
If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six feet from the stage or other area used by the performers. Patrons shall not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size.
5. 
The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.
6. 
The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.
7. 
The adult business shall provide access for performers between the stage and the dressing rooms that 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 performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be three feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.
8. 
Fixed rail(s) at least 42 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.
K. 
Adult Motion Picture Theater—Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters:
1. 
If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:
a. 
Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area,
b. 
Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times,
c. 
Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and
2. 
If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in auto-mobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.
(Ord. 167 § 4, 2007)
An applicant or licensee shall permit representatives of the City and/or the Orange County Sheriff's Department, Orange County Department of Health, the Orange County Fire Authority, the City Building and Safety Department, and the Community Development Department to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the provisions of this chapter at any time the premises is open for business, provided reasonable and normal business operations shall not be interfered with and the inspection is conducted in the same manner as an inspection for other businesses.
(Ord. 167 § 4, 2007)
A. 
A permit holder shall not operate an adult business under the authority of an adult business license at any place other than the address of the adult business stated in the application for the license.
B. 
In the event of a transfer of ownership of the adult business, the new owner shall be fully informed of the requirements of this chapter, including the operational and development standards herein.
C. 
In the event of a transfer of the adult business or the adult business license, the transferee must provide the City Manager with the following information within seven days of the transfer:
1. 
If the transferee is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.
2. 
If the transferee is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.
D. 
If the transferee is a corporation or L.L.C., the entity shall provide its complete name, the date of its incorporation or organization, evidence that it is in good standing under the laws of the State of California, the names and capacities of all officers and directors, managers or members asserting supervisory or managerial control over the facility, the name of the registered agent, and the address of the registered office for service of process.
(Ord. 167 § 4, 2007)
A. 
On determining that grounds for license suspension or revocation exist, the City Manager or his designee shall furnish written notice of the proposed suspension or revocation to the license holder. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date. Hearings pursuant to this section shall be conducted by a Designated Hearing Officer selected in accordance with the criteria specified in Section 1.12.030, unless the parties stipulate in writing to have the City Manager serve as the Hearing Officer. Hearings pursuant to this section shall be conducted in accordance with procedures established by the City Manager or Designated Hearing Officer but, at a minimum shall include the following:
1. 
All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.
2. 
The City Manager or Designated Hearing Officer shall not be bound by the formal rules of evidence.
3. 
Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.
4. 
The City Manager or Designated Hearing Officer's decision may be appealed in accordance with Section 5.10.027.
B. 
A license may be suspended or revoked based on the following causes arising from the acts or omissions of the license holder, or an employee, independent contractor, partner, director, or manager of the license holder:
1. 
The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business development and operational standards contained in Chapter 5.10, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Lake Forest Municipal Code;
2. 
The license holder has failed to obtain or maintain all required City licenses;
3. 
The license holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business license;
4. 
The license is being used to conduct an activity different from that for which it was issued;
5. 
That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex-related offenses that occurred in or on the licensed premises within a 12 month period and was employed by, or performing in, the adult business at the time the offenses were committed;
6. 
That the use for which the approval was granted has ceased to exist or has been suspended for six months or more;
7. 
That the transferee/new owner of an adult business or adult business license failed to comply with the requirements of this chapter;
8. 
The license holder, partner, director, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a licensee has been convicted of violating any of the following State laws on the premises of the adult business:
a. 
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation,
b. 
Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur,
c. 
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code,
d. 
The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the California Penal Code,
e. 
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4,
f. 
Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code,
g. 
An act or omission in violation of any of the requirements of this chapter if such act or omission is with the knowledge, authorization, or approval of the license holder or is as a result of the license holder's negligent supervision of the employees of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.
C. 
After holding the hearing in accordance with the provisions of this section, if the City Manager or Designated Hearing Officer finds and determines that there are grounds for suspension or revocation, the City Manager or Designated Hearing Officer shall impose one of the following:
1. 
Suspension of the license for a specified period not to exceed six months; or
2. 
Revocation of the license.
The City Manager or Designated Hearing Officer shall render a written decision that shall be hand delivered or overnight mailed to the license holder within five days of the public hearing.
D. 
Any affected person may appeal the decision of the City Manager or Designated Hearing Officer in writing within five days in accordance with the provisions of Section 5.10.027.
E. 
In the event a license is revoked pursuant to this section, another adult business license to operate an adult business shall not be granted to the licensee within 12 months after the date of such revocation.
(Ord. 167 § 4, 2007)
A. 
If the City Manager has conducted the hearing pursuant to stipulation as provided in Section 5.10.026, the decision of the City Manager shall be appealable in accordance with the procedures set forth in Chapter 1.12, of this Code.
B. 
Failure of the City Manager or Designated Hearing Officer to render a decision to grant or deny an appeal of a license denial within the time frames established by this section shall be deemed to constitute an approval of the adult business license.
(Ord. 167 § 4, 2007)
A. 
Employees. Employees of an adult business must be at least 18 years of age. It is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10% or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees of the adult business must be at least 21 years of age. If liquor is served at the adult business, it is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10% or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. And the persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.
B. 
Patrons. Patrons of an adult business must be at least 18 years of age. It is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10% or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it is unlawful for any owner, operator, manager, partner, director, officer, shareholder with a 10% or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And the persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.
C. 
X-rated Movies. The selling, renting and/or displaying of x-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, the movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of 18 shall be prohibited.
(Ord. 167 § 4, 2007)
The provisions of this chapter regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse non-compliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Lake Forest.
(Ord. 167 § 4, 2007)
A. 
Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
B. 
In addition to the remedies set forth in subsection A of this section, any adult business that is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
C. 
The restrictions imposed pursuant to this section constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Lake Forest Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities.
(Ord. 167 § 4, 2007)
In addition to the penalties set forth in this chapter, any adult business that is operating in violation of these provisions regulating adult businesses is declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 167 § 4, 2007)
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.
(Ord. 167 § 4, 2007)