For purposes of this chapter, the following definitions shall apply:
"Entertainer"
means any person who engages in or performs live entertainment, whether or not an employee of, or independent contractor for, an entertainment establishment.
"Entertainment"
means every form of live entertainment, performance, show, pageant, or act, including, but not limited to, all forms of live music, singing, live disc-jockey-hosted music, karaoke sing-alongs, concerts, performance of a play, act, scene, sketch, burlesque, revue, pantomime, dancing including, but not limited to dancing by patrons, floor show, dramatic or poetic reading, performance art, physical demonstrations, fashion shows or modeling, any combination of the aforementioned, or any other act or exhibition in which one or more persons perform or participate for the purpose of entertaining, amusing, arousing, or otherwise diverting and gaining the attention of patrons, guests, or invitees at an entertainment establishment.
"Entertainment establishment"
means any business establishment such as a night club, private club, cabaret, bar, pool hall, restaurant, café, theatre, playhouse, dance hall, concert hall, amphitheater, store, gallery, coffee house, recreational area, or other venue, or place, whether inside or outside, at which entertainment is presented, furnished, or featured.
"Premises"
means any building, structure, facility, or other type of venue or area within which, or at which, the entertainment establishment is located.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
Except as may be provided in Section 5.36.030, (Exceptions) of this chapter, it is unlawful for any person or entity to present, furnish, feature, or otherwise allow entertainment at any entertainment establishment which the person or entity owns, operates, controls or manages, without first obtaining a permit as required under this chapter.
B. 
An entertainment permit is required where entertainment is to be presented, furnished, or featured on an ongoing basis or during five or more days in one 12 month period. Where entertainment is to be presented, furnished, or featured on a temporary basis during four or fewer days during any 12 month period, no entertainment permit is required.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
The provisions of this chapter shall not be deemed to require an entertainment permit for any of the following:
B. 
Personal use of a radio, compact disc player, juke box or other form of recorded music or spoken word, not presented by a live disc-jockey, master of ceremonies, event coordinator or other types of live announcer;
C. 
Entertainment presented, furnished, or featured in publicly owned and operated entertainment facilities;
D. 
Entertainment provided to homeowners groups and associations which is presented exclusively at facilities owned, operated and controlled by a homeowner's association or community association duly qualified as such under the Internal Revenue Code;
E. 
The presentation, furnishing, or featuring of motion pictures at any motion picture theatre established under and operating in compliance with any permit required pursuant to Chapter 9 of this Code;
F. 
The use and playing of a single piano or other single acoustic musical instrument to provide background music at a business establishment;
G. 
Entertainment that qualifies as an adult-oriented business shall not be subject to the provisions of this chapter but instead shall be subject to the provisions of Chapters 5.10, 5.12, and 9.08 of this Code;
H. 
Entertainment provided to or by community based service clubs and religious, charitable or fraternal organizations.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
Each entertainment permit shall expire 12 months from and after the date of its issuance, unless the applicant requests that the permit be renewed pursuant to this section and the Community Development Director approves the renewal pursuant to subsection C of this section. Each entertainment permit shall bear the expiration date upon its face.
B. 
Applicants requesting renewal of their permit shall file a written application for renewal with the Community Development Director 90 days prior to the expiration date of their permit. The applicant shall pay the fee required by Section 5.36.060 (Permit fee) of this chapter concurrent with filing the application. The application shall provide true, correct, and accurate information addressing each of the items specified in subsection C of this section.
C. 
Upon receipt of a written application for renewal, the Community Development Director shall, within 30 days, complete an investigation concerning the application and issue written notice to the applicant of the approval or denial of the request. Notice shall be served as provided in Section 5.36.130 (Written notices) of this chapter. The request shall be approved if the Community Development Director determines all of the following:
1. 
The entertainment establishment is currently in compliance with the terms of its permit and the requirements of this chapter;
2. 
The entertainment establishment has operated in substantial compliance with the terms of its permit and this chapter within the previous year;
3. 
The entertainment establishment has not had its permit revoked during the previous 12 months. A single permit suspension shall not be grounds for denial of the application for renewal, provided the entertainment establishment timely corrected the default as provided in this chapter. Two or more suspensions during any 12 month period shall be grounds for denying the application for renewal;
4. 
The entertainment establishment has not been the site of three or more verified police and/or code enforcement reports of disorderly conduct, disturbances of the peace, arrests, or other conduct injurious or harmful to the public health, safety, and welfare that could deem the establishment a public nuisance in the 12 month period preceding the renewal request.
D. 
In the event the Community Development Director denies the application for renewal, the Director shall provide written notice of the denial to the applicant as provided in Section 5.36.130 (Written notices) of this chapter. The applicant may appeal the decision as provided in Section 5.36.120 (Appeals) of this chapter.
(Ord. 167 § 4, 2007; Ord. 247 § 41, 2013; Ord. 267 § 2, 2014)
A. 
Any person or entity desiring to obtain an entertainment permit shall file a written application with the Community Development Director or designee. Applications must be accompanied by the fee authorized under Section 5.36.060 (Permit fee) of this chapter.
B. 
Each application for an entertainment permit shall be signed under penalty of perjury verifying the truth, correctness, and accuracy of all facts and information contained in the application to the best of the applicant's knowledge. Each application shall contain the following information:
1. 
Premises Location. The street address of the premises for which the permit is required, together with the business name of the entertainment establishment;
2. 
Applicant. The name and permanent address of the applicant, and of the owner and operator of the entertainment establishment if different than the applicant. Street addresses must be provided; post office boxes are not sufficient. If the applicant is a corporation, limited liability company, limited liability partnership, general or limited partnership, or other form of business entity other than a sole proprietorship, the name of the business entity shall be set forth exactly as shown in its articles of incorporation or formation document, together with the names and residence addresses of each of its officers, directors, managing members, and/or general partners and each stockholder, member, or limited partner holding more than 5% of the stock of or interest in the business entity, along with the amount of stock or interest held. If one or more of the partners or members is a corporation, the information required herein for the applicant shall also be required for such partners or members. The application shall be signed by the individual who is and shall be responsible for all actions, omissions, and conduct of the applicant licensee;
3. 
Description of Business. A detailed description of the nature of the business or commercial enterprise to be conducted by the entertainment establishment;
4. 
Site Plan. A site plan or other diagram clearly depicting the layout and configuration of the premises including the parking and relative location of all features and fixtures. For the purposes of this section, "features and fixtures," include, but is not limited to, all entrances/exits, windows, entertainment areas, stages, individual viewing booths, dressing rooms, bathrooms, banquette rooms, and other rooms, tables, booths, furniture, bars, kitchens, and other food or beverage preparation areas;
5. 
Description of the Entertainment. A detailed description of the nature and type of the proposed entertainment, including the number of performers or participants to be involved and whether the entertainment will involve or depict "specified sexual activities" or the display of "specified anatomical areas" as defined in Chapter 5.10 of this Code;
6. 
Area of Entertainment. A statement describing the area within or on the premises where entertainment is to be performed and observed with reference to the site plan or diagram;
7. 
Status of Entertainers. A statement as to whether entertainers are to be employees of the entertainment establishment, including the applicant, owner, or operator, or whether entertainers are to be independent contractors. A statement as to whether entertainers are to be employed or utilized in food or beverage service, merchandise sales, or other non-entertainment related activity;
8. 
Description of Food and Beverage Service. A detailed description of the food and beverage service, if any that will be offered to patrons. If alcoholic beverages are to be offered for sale and served at the premises, then a copy of a liquor license shall be submitted to the City. Applicant acknowledges that the granting of an entertainment permit in no manner authorizes applicant to offer, sell or serve alcoholic beverages;
9. 
Hours. The dates and hours during which the proposed entertainment is desired to be conducted, and the admission fee, if any, to be charged;
10. 
Minors. A statement as to whether minors will be permitted upon the premises during entertainment, and, if so, during which hours;
11. 
Managers. The name(s) of the person(s) responsible for the operation, management, and supervision of the entertainment establishment and of the entertainment;
12. 
If the applicant is not the owner of the property proposed as the location for the entertainment establishment, the applicant shall submit a notarized statement signed by the property owner, consenting to the operation of the entertainment establishment at the location by the applicant and a copy of the lease between the property owner and the applicant for the entertainment establishment;
13. 
Prior Licenses. A statement as to whether the applicant, owner, or any person to be responsible for the operation, management, and supervision of the entertainment establishment or entertainment has, within the past five years, had any permit or license issued in conjunction with the sale of alcohol or provision of entertainment and whether during that period the permit or license was suspended or revoked. If so, then the application shall provide the name of the issuing agency and an explanation of the suspension or revocation;
14. 
Compliance with Requirements. A detailed description of how the project complies with each of the requirements set forth in Section 5.36.080 (Approval or denial) of this chapter, and a detailed description of how the applicant, owner, or operator will ensure that the ongoing operation of the entertainment establishment will comply with Section 5.36.090 (Operating requirements) of this chapter;
15. 
Necessary Information. Such other information as may be requested by the Community Development Director or designee that is reasonably necessary to determine whether the application meets the criteria for approval or denial as provided in Section 5.36.080(C) (Approval or denial) of this chapter;
16. 
Permit Fee. Each application shall be submitted with the "permit fee" required under Section 5.36.060 (Permit fee) of this chapter.
(Ord. 167 § 4, 2007; Ord. 247 § 42, 2013; Ord. 267 § 2, 2014)
The initial application fee, the annual application for renewal fee, and all appeal fees for a permit shall be set by resolution of the City Council.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
Within 10 days after receipt of an application for a permit under this chapter, the Community Development Director or designee shall determine whether the application is complete or incomplete. If the application is deemed incomplete, then the Community Development Director shall cause written notice to be mailed to the applicant specifying the insufficiencies. If and when the application is deemed complete, then the Community Development Director shall initiate and complete, within 30 days of the determination, a review and investigation to determine whether the entertainment establishment and proposed entertainment are in compliance with the provisions of this chapter.
B. 
If the information provided in the application demonstrates that the entertainment establishment or the entertainment will qualify the business as an adult-oriented business, then, prior to deeming the application complete, the Community Development Director shall cause written notice to be mailed to the applicant of this fact, requesting that the applicant withdraw the application for an entertainment permit and instead submit an application(s) for such licenses and approvals as may be required under Chapters 5.10 and 9.08 of this Code. At applicant's election, any fee submitted by the applicant with the application for the entertainment permit shall either be applied to the new application or returned to the applicant.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
Within five days after completing the review and investigation required under Section 5.36.070 (Review and investigation) of this chapter, the Community Development Director shall approve or deny the application for an entertainment permit. The decision of the Community Development Director shall be final unless appealed in accordance with Section 5.36.120 (Appeals) of this chapter. The Community Development Director shall approve the application and grant an entertainment permit if the proposal meets all of the requirements set forth in subsection C of this section. The Community Development Director shall deny the application if the project fails to meet all of the requirements set forth in subsection C of this section.
B. 
Promptly upon deciding to approve or deny the application, the Community Development Director shall serve written notice of the decision upon the applicant pursuant to Section 5.36.130 (Written notices) of this chapter. If the application has been denied, the notice shall specifically state the reasons for the denial.
C. 
In order to be approved, projects must meet all of the following requirements:
1. 
Operating Requirements. The entertainment establishment and the entertainment to be presented, furnished, or featured at the premises shall meet the requirements stated in Section 5.36.090 (Operating requirements) and Section 5.36.092 (Operating requirements for outdoor live entertainment) of this chapter as applicable;
2. 
Zoning. The entertainment establishment and premises are located in a zone permitting the proposed use under Title 9 of this Code;
3. 
Occupancy. The maximum occupancy limit of the premises is in compliance with all applicable building, plumbing, electrical, fire, health and safety codes;
4. 
Structure. The premises is in compliance with all applicable building, plumbing, electrical, fire, and health and safety codes;
5. 
Disabled Access. The premises, including all areas open to patrons or the public thereat, shall provide access to each person with a disability in compliance with the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.);
6. 
Noise. The premises shall be improved with sufficient sound absorbing insulation so that noise generated inside the establishment shall not be audible anywhere on adjacent property or public rights-of-way or within any other building or other separate unit within the same building;
7. 
Parking. The premises shall provide parking in accordance with Chapter 9.168 of the Lake Forest Municipal Code;
8. 
Signs. All signage for the entertainment establishment shall conform to the standards set forth in Title 9 of this Code;
9. 
Individual Viewing Areas. All individual viewing areas shall be physically arranged such that the entire interior portion of the individual viewing area is visible from aisles and public areas of the premises. Visibility into individual viewing areas shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. All individual viewing areas shall be operated and maintained without any openings or means of direct communication or visual or physical access between the interior space of any other individual viewing area. All individual viewing areas shall be separated from the stage by a solid wall that may be fully or partially transparent;
10. 
Public Nuisance. The record does not contain substantial evidence demonstrating that the use proposed in the application would be contrary to the public health, safety, and welfare such that the use would constitute a public nuisance;
11. 
Factually Correct. The facts and information presented in the application are true, correct, and accurate to the best of the applicants' knowledge and the applicant has not made any false, misleading, or fraudulent statement of a material fact in the application.
(Ord. 167 § 4, 2007; Ord. 247 § 43, 2013; Ord. 267 § 2, 2014)
All entertainment establishments and all entertainment shall comply with the following requirements:
A. 
Hours. The entertainment establishment shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.;
B. 
Doors. During entertainment performances, entertainment establishments shall keep all doors and windows closed, but unlocked, except as otherwise approved in conjunction with outdoor live entertainment;
C. 
Compliance with Laws. The entertainment establishment shall operate in compliance with all applicable State, County, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare. If the entertainment establishment is licensed to offer for sale and serve alcoholic beverages, then the establishment shall also operate in compliance with the terms and conditions of its license and such other rules and regulations of the California Department of Alcoholic Beverage Control as are applicable;
D. 
Site Manager. The entertainment establishment shall have a manager on-site at all times during the operating hours of the establishment. The manager shall be charged with keeping the peace within the establishment and enforcing compliance by patrons and entertainers with the requirements of this chapter;
E. 
Security Guards. The following provisions concerning security guards apply:
1. 
If the occupancy limit of the entertainment establishment exceeds 50, then the establishment shall provide, at a minimum, the following number of security guards:
Occupancy Capacity
Number of Security Guards
51 to 200
2
201 to 350
3
351 to 500
4
over 500
TBD
2. 
Security guards shall wear a uniform clearly designating them as security personnel. During all hours of operation, the security guards shall patrol the grounds and parking area and at least one security guard shall be on duty inside the premises. Security guards shall be charged with keeping the peace, removing disorderly or intoxicated patrons, preventing violations of the law, and enforcing patrons' compliance with the requirements of this chapter. No security guard shall act as a door monitor, ticket seller, ticket taker, parking attendant or valet. The Community Development Director may require the entertainment establishment to provide additional security guards, or to provide parking attendants, in the event that the premises has a capacity of more than 500 occupants, or if there are verified reports of disorderly conduct, disturbances of the peace, or arrests on the premises or in connection with the entertainment establishment,
3. 
The applicant may request a waiver of the requirement for, or a reduction in the number of, security guards. The Community Development Director shall consider the request and grant the request if, based on substantial evidence, the following findings can be made:
a. 
There have been no instances of disorderly conduct, or arrests of patrons, on or in the premises or within the preceding 12 months,
b. 
The primary business of the entertainment establishment is that of a restaurant, café, coffee-house, theatre, play house, store, gallery or similar use,
c. 
The primary business of the entertainment establishment is not that of a night club, cabaret, bar, pool hall, dance hall, concert hall, amphitheater or similar use, and
d. 
Reducing the number of, or appearing to waive the requirement for, security guards will not in any way substantially jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety, and welfare.
F. 
Intoxicated Persons. No person who is intoxicated or under the influence of drugs shall be allowed to enter or remain on the premises, whether as a patron or entertainer.
G. 
Inspections. The applicant, owner, or operator of the entertainment establishment shall allow peace officers, code enforcement officers, health inspectors, building inspectors, and other designated State, County, or City personnel to conduct inspections of the premises.
H. 
Insurance. It may be a condition of the issuance and continued validity of any permit granted pursuant to this chapter that the permitted first take out, pay for and maintain a policy of general liability insurance which insures the City, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the permittee, his or her agents or employees, including any officers or employees of the City, or caused by or arising out of the condition of any City-owned or controlled property, whether real or personal, and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by such policy shall not be less than one million dollars ($1,000,000.00) single limit; provided, however, that the Community Development Director shall have the authority to require higher limits if, in his or her opinion and discretion, the type of activity thus permitted warrants greater risk protection. It shall be permissible in satisfaction of the requirement imposed by this subsection that the permittee cause the issuance of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the City, its officers and employees have been added as additional insureds.
I. 
Indemnity. It shall be a condition of the issuance of any permit granted pursuant to this chapter that the permittee shall agree to indemnify, defend and to hold the City, its officers and employees, harmless from any and all claims and liability of any kind whatsoever resulting from or arising out of the entertainment and issuance of such permit by the City.
J. 
Zoning. The entertainment establishment and premises shall be located in a zone permitting the proposed use under Title 9 of this Code.
K. 
Occupancy. The maximum occupancy limit of the premises shall comply with all applicable building, plumbing, electrical, fire, health and safety codes.
L. 
Structure. The premises shall comply with all applicable building, plumbing, electrical, fire and health and safety codes.
M. 
Disabled Access. The premises, including all areas open to patrons or the public thereat, shall provide access to each person with a disability in compliance with the requirements of the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.), as amended from time to time.
N. 
Noise. The premises shall be improved with sufficient sound absorbing insulation, and noise generated inside the establishment shall not be audible anywhere on adjacent property or public rights-of-way or within any other building or other separate unit within the same building.
O. 
Parking. The premises shall provide parking in accordance with Chapter 9.168 of the Lake Forest Municipal Code.
P. 
Signs. All signage for the entertainment establishment shall conform to the standards set forth in Title 9 of this Code.
Q. 
Individual Viewing Areas. All individual viewing areas shall be physically arranged such that the entire interior portion of the individual viewing area is visible from aisles and public areas of the premises. Visibility into individual viewing areas shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. All individual viewing areas shall be operated and maintained without any openings or means of direct communication or visual or physical access between the interior space of any other individual viewing area. All individual viewing areas shall be separated from the stage by a solid wall that may be fully or partially transparent.
(Ord. 167 § 4, 2007; Ord. 247 § 44, 2013; Ord. 267 § 2, 2014)
In addition to any applicable requirements stipulated elsewhere in this chapter, outdoor live entertainment shall comply with the following requirements:
A. 
Outdoor live entertainment may be presented at a patio, courtyard or other similar venue contiguous to and owned, leased or otherwise under the control of an established nonresidential use;
B. 
Outdoor entertainment may be presented between the hours of 10:00 a.m. and 10:00 p.m. only;
C. 
The outdoor entertainment venue shall be located a minimum of 300 feet from any residential property line;
D. 
Outdoor entertainment shall be subject to the noise limitations specified in Chapter 11.16, Noise Control;
E. 
The maximum capacity of the outdoor entertainment venue shall be 125 persons;
F. 
Any stage and/or speakers used in conjunction with outdoor entertainment shall be oriented so as to minimize impacts to adjacent property;
The Director of Community Development may impose additional requirements on a case by case basis as necessary to ensure compatibility with surrounding uses.
(Ord. 267 § 2, 2014)
No permit issued under this chapter shall be sold, assigned, or otherwise transferred by any permit holder or by operation of law to any other person(s) or entity(ies) or to any other premises or location. Any sale, assignment, or transfer or attempt to sale, assign or transfer shall render the permit null and void.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
An entertainment permit may be suspended, pending completion of remedial measures and/or a revocation hearing, if the Community Development Director has reasonable cause to determine that any of the events set forth in subsection C of this section has occurred. The Community Development Director shall serve written notice of the suspension as provided in Section 5.36.130 (Written notice) of this chapter. The notice shall specify the reason for suspension, require the applicant, owner, or operator to take and complete remedial measures removing the default within 10 days, and stating a date for the applicant, owner, or operator to appear before the City Manager or a designated Hearing Officer to show cause why the entertainment permit should not be revoked.
B. 
The following definitions shall apply to this section:
1. 
As used in this section "Reasonable Cause" means observations, information or other evidence presented as the result of an inspection by any Peace Officer, Code Enforcement Officer, or other officer whose responsibility is to uphold and enforce the laws and rules of the City, the State, or the United States, or facts presented in a verified statement by a person having personal knowledge of those facts;
2. 
As used in this section "Remedial Measures" means actions necessary or required to correct, resolve, fix, or otherwise remedy a violation of this chapter.
C. 
Any one of the following shall be grounds for suspension of an entertainment permit:
1. 
Failure to comply with the terms of the permit;
2. 
Failure to comply with the requirements of this chapter, specifically Sections 5.36.080 (Approval or denial) or 5.36.090 (Operating requirements);
3. 
More than two verified reports of a disturbance of the peace, disorderly conduct, or arrests within any six month period;
4. 
The entertainment establishment has provided entertainment or otherwise operating in a manner that qualifies the business as an adult-oriented business under Chapters 5.10, 5.12, and 9.08 of this Code; or
5. 
Conviction of any applicant, owner, operator, manager or the entertainer for conduct engaged in, at, or relating to, the entertainment establishment.
D. 
The applicant, owner, or operator shall immediately undertake measures to remedy the noted default and shall notify the Community Development Director in writing of the commencement, nature, and completion of these measures.
E. 
Upon suspending any entertainment permit, the Community Development Director shall notice a hearing before the City Manager or a Hearing Officer selected using the criteria in Chapter 1.12 within 30 days of the suspension at which the City Manager/Hearing Officer shall consider whether to cancel the suspension, continue the suspension pending remedial measures, or revoke the permit. For purposes of this section, the term Hearing Officer shall mean the City Manager or a Hearing Officer selected using the criteria in Chapter 1.12. The Hearing Officer's determination shall be made in accordance with the procedures set forth in Chapter 1.12. The City Manager may revoke the permit if any of the following are determined:
1. 
The applicant, owner, or operator of the entertainment establishment has failed to commence and complete remedial measures;
2. 
The entertainment permit has been suspended at least two times during the previous six months;
3. 
More than two verified police and/or code enforcement reports of a disturbance of the peace, disorderly conduct, or arrests have occurred at the entertainment establishment within any six month period;
4. 
The entertainment establishment has provided entertainment or otherwise operated in a manner that qualifies the establishment as an adult-oriented business under Chapters 5.10, 5.12, and 9.08 of this Code;
5. 
Conviction of any applicant, owner, operator, manager or entertainer for conduct engaged in, at, or relating to, the entertainment establishment; or
6. 
The entertainment establishment is being operated in such a manner as to cause a significant risk of injury or harm to the public health, safety, or welfare such that the business constitutes a public nuisance.
F. 
In the event that an application for a license or renewal thereof is denied, the decision may be appealed using the procedures of Section 2.04.100 et seq., of this Code.
(Ord. 167 § 4, 2007; Ord. 247 § 45, 2013; Ord. 267 § 2, 2014)
All notices, the service of which is required under this chapter, shall be in writing, addressed to the applicant or other person specified in the application or permit, and served to the address specified in the applicant or permit. Each notice shall be either personally served or served by deposit in the United States mail, first class, postage prepaid. Service shall be deemed complete upon personal service or deposit in the United States mail.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)
A. 
It is unlawful for any person or entity to violate any provision or to fail to comply with any of the requirements of this chapter. Any person or entity violating any provision of this chapter, or failing to comply with any of its requirements, shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows:
1. 
A fine not exceeding $100 for a first violation;
2. 
A fine not exceeding $200 for a second violation of the same ordinance within one year; and
3. 
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
B. 
Each person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation and each instance shall be deemed punishable as provided in this chapter.
C. 
The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.
D. 
A person who operates or causes to be operated an adult-oriented business without a valid license, or in violation of Section 5.10.032 of this title, is subject to an injunction as well as prosecution for criminal violations.
(Ord. 167 § 4, 2007; Ord. 267 § 2, 2014)