There has been a proliferation throughout the County of Sacramento of adult-related establishments, such as escort bureaus, introductory services, public bathhouses, model studios, sexual encounter centers, and similar businesses which offer patrons services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. There has been a demonstrable relationship between high incidence of unlawful prostitution and drug-related crime, and the adultrelated establishments regulated by this chapter. Such businesses operate as fronts for houses of prostitution, and for illegal drug-related transactions. Past regulation by the County of some of these establishments has been unsuccessful because the establishments evade the regulations by changing their names to indicate different objects or purposes from the types of businesses regulated.
A system of requiring regulatory licenses for adult-related establishments and for those persons rendering services to customers will assist in assuring illegal activities do not occur on the premises or otherwise in connection with the business within the unincorporated area of the County. If criminal activity occurs on the premises, or if other provisions of this chapter are violated, the licenses are subject to revocation. Criminal liability also exists for a violation of this chapter. These provisions will provide the Sheriff with both preventative and investigatory tools to control illegal activity in such businesses, and will promote and protect the public health, safety, and welfare.
By the definition of "adult-related establishment" contained in Section 4.34.010, it is the intent of the Board of Supervisors to prevent evasion of the provisions of this chapter through the device of calling the business by a new or different name. If specified sexual activities are involved, or if specified anatomical areas are displayed, this chapter is intended to apply to both the premises and the individuals who provide such services to the patrons, regardless of the individual's title or position, or of the name given to the business.
It is the intent of the Board of Supervisors that where activity regulated under this title is conducted in exchange for a fee or other consideration, the holder of a Special Business License shall be responsible for all activity relating to such activity that occurs on, or from, the premises. This Special Business License shall be the only license that authorizes the regulated activity on, or from, the business establishment premises, as applicable, whether offered or conducted by the business, the business owner(s), an employee, an independent contractor, an assistant, a sole practitioner, a lessee, sublessee, a separate business, or in any other manner, and whether conducted at, or from, a commercial location, the home, or any other location.
This chapter is enacted pursuant to the provisions of Section 51034 of the Government Code.
(SCC 578 § 15, 1983; SCC 1241 § 4, 2003; SCC 1304 § 1, 2005)
"Adult-related establishment"
means a bathhouse, escort bureau, introductory service, modeling studio or sexual encounter center, as defined by this chapter. "Adult-related establishment" shall also include any other business or establishment which has available for or offers any patron, for pecuniary compensation, consideration, hire or reward, services or entertainment or activities which involve "specified sexual activities" or the display of "specified anatomical areas."
"Adult-related establishment"
does not include an adult bookstore, adult motion picture theater, adult minimotion picture theater, adult hotel or motel, or cabaret.
(SCC 578 § 15, 1983; SCC 1595 § 35, 2016)
"Bathhouse"
means an establishment whose primary business is to provide, for pecuniary compensation, consideration, hire or reward, access to any kind of bath facility, including but not limited to, showers, saunas and hot tubs.
(SCC 578 § 15, 1983)
In relation to modeling services, the following terms shall be ascribed the following meanings:
A. 
"Modeling studio" means a business which provides, for pecuniary compensation, consideration, hire or reward, figure models who display specific anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons who pay such considerations;
B. 
"Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses to be observed, sketched, painted, drawn, sculpted, photographed or otherwise depicted.
(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)
In relation to escort services, the following terms shall be ascribed the following meanings:
A. 
"Escort bureau" means a business which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts;
B. 
"Escort" means a person who, for pecuniary compensation, consideration, hire or reward, either escorts or accompanies others to or about social affairs, entertainment or places of amusement, or keeps company with others about any place of public resort or within any private quarters.
(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)
"Specified sexual activities"
shall include the following:
A. 
Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a 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, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, or zooerasty; or
B. 
Clearly depicted human genitals in a state of sexual stimulation, as arousal or tumescence; or
C. 
Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation; or
D. 
Fondling or touching of nude human genitals, pubic region, buttocks or female breasts; or
E. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
F. 
Erotic or lewd touching, fondling or other contact with an animal by a human being; or
G. 
Human excretion, urination, menstruation or vaginal or anal irrigation.
(SCC 578 § 15, 1983; SCC 1595 § 36, 2016)
Neither the provision of this chapter nor Chapter 4.10 shall be applicable to or include the following:
A. 
Hospitals, nursing homes, sanitariums, or persons working in any such establishments;
B. 
Persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California or persons working under the direction of any such persons;
C. 
Barbers or cosmetologists lawfully carrying out their particular occupation or business, and holding a valid, unrevoked license or certificate of registration issued by the State of California; or
D. 
Modeling schools maintained pursuant to standards established by the State Board of Education of the State of California.
(SCC 578 § 15, 1983; SCC 1304 § 3, 2005; SCC 1595 § 36, 2016)
It shall be unlawful for any adult-related establishment to be operated or remain open for business between the hours of 10:00 p.m. and 8:00 a.m. of the following day.
(SCC 578 § 15, 1983)
A list of the services available and the price of such services shall be posted in a clearly visible place at or near the entrance of each adult-related establishment. The services available shall be described in readily understandable language. No adult-related establishment shall render or provide, or offer to render or provide, any service not listed in compliance with this section.
(SCC 578 § 15, 1983)
Operators of adult-related establishments shall maintain personnel registers, which shall be available for inspection by the Sheriff at all times during regular business hours, as follows:
A. 
With respect to an escort service, a personnel register shall be maintained which includes the names and employee permit number of each person employed or retained as an escort.
B. 
With respect to a model studio, a personnel register shall be maintained which includes the name and employee permit number of each person employed or retained as a figure model.
C. 
With respect to any adult-related establishment, other than a model studio, escort service, a personnel register shall be maintained which includes the names of all persons employed or retained on the premises to provide services, the title of the position of each such person, and as to those persons required to possess employee permits by this chapter, their employee permit numbers.
(SCC 578 § 15, 1983; SCC 1304 § 4, 2005; SCC 1595 § 37, 2016)
It shall be unlawful for the owner, operator, or any other person in charge of an adult-related establishment to employ or retain any person who is under the age of 18 years to perform any service on the premises of the establishment.
(SCC 578 § 15, 1983; SCC 1304 § 5, 2005, SCC 1241 § 6, 2003)
Within bathhouses, towels shall not be supplied to more than one patron unless such towels have first been laundered and disinfected. Wet and dry heat rooms, steam or vapor rooms and cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once a day the premises are open, with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings, floors and other physical facilities shall be in good repair and maintained in a clean and sanitary condition.
(SCC 578 § 15, 1983)
It shall be unlawful for any person to own, operate, engage in, conduct, permit, or carry on in any way, an adult-related establishment unless under and by authority of a valid, unexpired and unrevoked Special Business License issued pursuant to the provisions of Chapters 4.02, 4.10, and this chapter.
(SCC 578 § 15, 1983; SCC 1241 § 8, 2003; SCC 1304 § 11, 2005)
Each adult-related establishment shall display the Special Business License in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.
(SCC 578 § 15, 1983; SCC 1595 § 38, 2016)
It shall be unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked Employee Permit issued pursuant to the provisions of Chapter 4.10 and this chapter:
A. 
Act as a manager of an adult-related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;
B. 
Act as an escort; or
C. 
Act as a figure model in a modeling studio.
It shall be unlawful for the operator of any adult-related establishment to employ or retain a person to perform any of the above services unless such person possesses such an Employee Permit.
(SCC 578 § 15, 1983; SCC 1304 § 12, 2005; SCC 1595 § 38, 2016)
In addition to the matters prescribed by Section 4.10.080, an application for an employee permit to provide services identified by Section 4.34.210 shall contain the following:
A. 
A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted; and
B. 
Proof of the age of the applicant.
(SCC 578 § 15, 1983; SCC 1241 § 9, 2003; SCC 1304 § 13, 2005; SCC 1595 § 38, 2016)
Upon receipt of an application for an Employee Permit to act as a manager of an adult-related establishment or an escort or a figure model, the Sheriff shall conduct such investigation pursuant to Section 4.10.085 as is deemed necessary. The Sheriff shall issue the Permit unless the Sheriff finds pursuant to Section 4.10.090 any of the following:
A. 
That the application fails to contain information required by the Sheriff or Section 4.34.215, or is otherwise incomplete;
B. 
That information contained in the application is false or otherwise inaccurate;
C. 
That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, escort or figure model in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.
D. 
Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under California Penal Code Section 4852.01 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under California Penal Code Section 482(a); or
E. 
That the applicant is under 18 years of age.
(SCC 578 § 15, 1983; SCC 1304 § 14, 2005; SCC 1595 § 38, 2016)
A. 
An Employee Permit may be suspended or revoked pursuant to Section 4.10.140 upon one or more of the following grounds:
1. 
Violation of any of the duties, requirements, or prohibitions contained in this chapter;
2. 
Violation of any of the duties, requirements, or prohibitions set forth in any administrative regulations issued pursuant to Section 4.02.085;
3. 
Misrepresentation of a material fact contained in the application for the permit;
4. 
The holder of the permit is under the age of 18 years;
5. 
The Sheriff has acquired information supporting a finding prescribed by subsection (C) of Section 4.34.220 in relation to the holder of the permit;
6. 
The Sheriff makes a finding of one or more of the crimes and the conclusion as required by subsection (A) of Section 4.34.230 in relation to the holder of the permit;
7. 
The holder of the permit has failed to fully cooperate with the Sheriff in the request for supplemental information on the existing permit.
B. 
The permit shall automatically and without notice be revoked when the permit has been issued to an individual that also holds a General Business License and Special Business License at a particular location, and when such General Business License or Special Business License, or both, has been denied, revoked or terminated. Where the Special Business License has been suspended, the Employee Permit is automatically suspended for the same duration of time as such license.
(SCC 578 § 15, 1983; SCC 1241 § 10, 2003; SCC 1304 § 15, 2005; SCC 1595 § 38, 2016)
In addition to the grounds cited in Sections 4.10.135 and 4.10.100 of Chapter 4.10, a Special Business License for an adult related establishment may be suspended, or revoked, and a renewal application, or application for such license may be denied, if the Sheriff makes the written finding that one or more of the conditions set forth in subsections (A) through (D) of this section:
A. 
The Sheriff concludes that as a result of the commission of one or more of the following crimes or acts by the applicant or an owner-operator of the adult related establishment, or by a manager, permittee, employee or any person offering or conducting adult related activities at a location under the control of the applicant or owner-operator, and that the applicant or licensee would not conduct the establishment or the service in a law-abiding manner or in a manner which does not subject patrons of the establishment or service to the risk of harm or criminal, deceitful or otherwise unethical practices:
1. 
Conviction for violation of the California Penal Code for any sexual crime against a person, including but not limited to, conviction of an offense requiring registration under California Penal Code Section 290, or convicted of California Penal Code Sections 266i, 315, 316, 318, subsection (b) of 647, 653.22, or convicted of any other crime involving dishonesty, fraud, deceit, or moral turpitude, or as those sections may hereafter be amended or renumbered, or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses;
2. 
Conviction for violation of any crime under the Health and Safety Code involving a controlled substance, including but not limited to any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058, or conviction of the California Health and Safety Code or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses.
B. 
Violation of one or more of the provisions of this chapter by an owner-operator of the adult related establishment or by a manager, permittee, employee, or any other person involved in the service of or provision of adult related activities.
C. 
Violation of any of the duties, requirements or prohibitions on an adult related establishment set forth in any administrative regulations issued pursuant to Section 4.02.085 by the owner-operator of the adult related establishment, or by a manager, permittee, employee, or any other person involved in the services or provision of adult related activities, as applicable.
D. 
Violation of any conditions imposed on the adult related establishment pursuant to Section 4.10.045 or 4.06.090 or under the provisions of this chapter by the owner-operator of the adult related establishment, a manager, permittee, employee, or any other person involved in the services or provision of adult related activities.
E. 
The denial of a renewal, a suspension, or revocation, as provided in this subsection shall be tolled and such Special Business License shall continue in full force and effect during the fifteen-day period within which an appeal may be filed of the Special Business License that was suspended, revoked, renewal denied, or terminated, and such tolling shall continue during the pendency of such appeal, if any, and shall continue until the date of final decision by the appellate authority, or other administrative disposition of the appeal, where the appeal is properly filed pursuant to the requirements of this chapter, Chapters 4.02 and 4.10 of this title, as applicable.
F. 
An owner-operator of an adult related establishment and any person listed in Chapter 4.10.040 subsection (C) of this section, shall be held responsible for the conduct of all persons on the premises, or therefrom, as applicable, that engage in providing the service or provision of adult related activities. Any act or omission of any owner-operator, manager, permittee or employee, or independent contractor, any person listed in Chapter 4.10.040 subsection (C) of this chapter, or any other persons performing or engaged in the service or provision of adult related activities on adult related establishment premises shall be deemed the act or omission of the holder of the Special Business License for purposes of determining whether the Special Business License may be revoked, suspended or denied. Proof of knowledge of any violation of this section shall not be required for purposes of suspension, revocation, or denial of a Special Business License for an adult related establishment.
(SCC 1241 § 11, 2003; SCC 1304 § 16, 2005; SCC 1595 § 38, 2016)