These regulations shall be known as the "Physical Contact Dance
Ordinance."
(SCC 1419 § 1, 2009)
This chapter is adopted pursuant to Sections 318.5 and 318.6
of the
Penal Code. All words used in this chapter, which also are
used in Sections 318.5 and 318.6, are used in the same sense and mean
the same as the same respective words used in Sections 318.5 and 318.6
of the
Penal Code.
In adopting this chapter the Sacramento County Board of Supervisors
relies upon those studies and court cases identified in Section 325-50
of the Sacramento County Zoning Code, its own studies, declarations
and reports, as well as the studies and experiences of the City of
La Habra in that jurisdiction's adoption of its Municipal Ordinance
1626.
(SCC 1419 § 1, 2009)
An entertainment business having on its premises entertainers
dancing or performing other related forms of entertainment wherein
performances are being offered by entertainers for the viewing of
patrons of the establishment must satisfy the following requirements
at all times:
A. A stage
area for the entertainers with a minimum size of 100 square feet.
B. A minimum
distance of six feet between the stage area and the nearest area occupied
by patrons of the establishment shall be maintained.
C. No patron
shall be permitted within six feet of the stage while the stage is
occupied by entertainer(s).
D. No entertainer
shall perform within six feet of a patron or customer.
E. Separate
dressing room facilities shall be provided for entertainers, where
patrons are not permitted entry, and such dressing rooms shall be
separated by the gender of the entertainers.
F. No entertainer
shall have physical contact with any patron or customer and no patron
or customer shall have physical contact with any entertainer, while
the entertainer and patron or customer are on the premises, including
contact with or between the specified anatomical areas of the entertainers
and patrons respectively, whether clothed or unclothed. This prohibition
does not extend to incidental touching. Patrons shall be advised of
the separation and no touching requirements by obvious and visible
signs placed at the entertainment establishment and, if necessary,
by the employees and entertainers of the establishment.
G. If patrons
wish to tip entertainers, tips shall be placed in receptacles which
shall be located at least six feet from the entertainer and performing
areas. Patrons shall not be permitted to throw tips at the entertainers,
hand tips directly to entertainers, or place tips in the entertainer's
costumes.
H. The
entertainment business shall provide an entrance/exit to the premises
for entertainers which is separate from the entrance/exit used by
patrons and shall ensure that each respective entrance/exit is only
utilized by the respective person for whom the entrance/exit is designated.
I. There
shall be no physical contact between patrons which contact involves
the touching of specified anatomical areas, whether clothed or unclothed.
This prohibition does not extend to incidental touching. Patrons shall
be advised of the no-touching requirements by signs at the entertainment
business and, if necessary, by employees and the entertainers of the
establishment.
J. At no
time are an entertainer and customer/patron to be alone together in
any room, vestibule, restroom, or private area, separate from the
main floor of the entertainment establishment.
(SCC 1419 § 1, 2009)
Every person who violates any provision of this chapter, including
customers and patrons, entertainers, and operators of the establishments,
is guilty of a misdemeanor.
(SCC 1419 § 1, 2009)
This chapter does not apply to:
A. Live
entertainment conducted in a business establishment possessing a valid,
current, unrevoked, unexpired and unsuspended Sacramento County issued
General Business License to operate as an adult live theater, as described
in Section 130-03.7 of the Sacramento County Zoning Code, which is
operating according to and in compliance with all provisions of the
Sacramento County Zoning Code relating to the operation and location
of a Sexually Oriented business, or pursuant to a stipulated judgment
with the County.
B. Those
providing or participating in live entertainment performed in a private
residence or hotel or motel room to which the public is not invited.
(SCC 1419 § 1, 2009)