It is the purpose and intent of this chapter to regulate the
operations of adult businesses, which tend to have judicially recognized
adverse secondary effects on the community, including, but not limited
to, increases in crime in the vicinity of adult businesses; decreases
in property values in the vicinity of adult businesses; increases
in vacancies in residential and commercial areas in the vicinity of
adult businesses; interference with residential property owners' enjoyment
of their properties when such properties are located in the vicinity
of adult businesses as a result of increases in crime, litter, noise,
and vandalism; and deterioration of neighborhoods. Special regulation
of these businesses is necessary to prevent these adverse secondary
effects and the blighting or degradation of the neighborhoods in the
vicinity of adult businesses while at the same time protecting the
First Amendment rights of those individuals who desire to own, operate
or patronize adult businesses.
It is, therefore, the purpose of this chapter to establish reasonable
and uniform operational standards for adult businesses.
(Ord. 980 § 3, 2002)
In addition to any other definitions contained in the Municipal
Code, the following words and phrases shall, for the purpose of this
chapter, 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 retail store"
means a business establishment having as a regular and substantial
portion of its stock in trade, "adult oriented material."
"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"; or
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" (as defined in the Municipal Code)
that is used for presenting on a regular and substantial basis images
through closed circuit television, cable television, still or motion
picture machines, projectors, videos, holograms, virtual reality devices
or other image-producing devices that are distinguished or characterized
by the emphasis on matter depicting or describing or relating to "specified
sexual activities" or "specified anatomical areas."
"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, a 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 consideration. "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" shall include "sexually oriented merchandise."
"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 ten percent.
"Owner/Permit 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 that owns
and operates an adult business; or
4.
The person designated by the officers of a corporation to be
the permit 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:
c.
Female breasts below a point immediately above the top of the
areola;
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;
and/or
6.
Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
(Ord. 980 § 3, 2002)
All adult businesses are subject to the adult business regulatory
permit requirements of this chapter as well as all other applicable
ordinances of the city and laws of the state of California.
A. It shall
be unlawful for any person to establish, operate, engage in, conduct,
or carry on any adult business within the City of Pico Rivera unless
the person first obtains, and continues to maintain in full force
and effect, an adult business regulatory permit as herein required.
Any occurrence of the "establishment of an adult business" as defined
in Section 5.22.020(D), shall require a new application for an adult
business regulatory permit. The adult business regulatory permit shall
be subject to the development and operational standards of this chapter
and the underlying zone where the facility is located.
B. The
city director of community development or his/her designee shall grant
or deny adult business regulatory permits in accordance with these
regulations.
C. The
city planning commission shall suspend or revoke adult business regulatory
permits in accordance with these regulations.
D. Permit
applicants shall file a written, signed, and verified application
on a form provided by the planning department. Such application shall
contain the following information and be accompanied by the following
documents:
1. If
the permit applicant 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 eighteen
years of age.
2. If
the permit applicant 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.
3. If
the permit applicant is a corporation, the corporation shall provide
its complete name, the date of its incorporation, evidence that the
corporation is in good standing under the laws of the state of California,
the names and capacities of all officers and directors, the name of
the registered corporate agent, and the address of the registered
office for service of process.
4. A
signed and verified statement that the permit applicant, if an individual,
or partners, officers, directors, if a 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 twenty-four month period.
5. The
permit applicant shall sign the application. All persons who sign
the application must also provide names, aliases, addresses, and date
of birth.
6. If
the permit applicant intends to operate the adult business under a
name other than that of the permit applicant, the permit applicant
shall file the fictitious name of the adult business and show proof
of registration of the fictitious name.
7. A
description of the type of adult business for which the permit is
requested and the proposed address where the adult business will operate,
plus the names and addresses of the owners and lessors of the adult
business site.
8. The
address to which notice of action on the application is to be mailed.
9. A
sketch or diagram showing the interior configuration of the premises,
including a statement of the total floor area occupied by the adult
business. The sketch or diagram need not be professionally prepared
but must be oriented to the north or some other designated street
or object and drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
10. A diagram of the off-street parking areas and entries to the premises
of the adult business, also showing the location of the lighting system
required by this chapter.
E. The
completed application shall be accompanied by a non-refundable application
fee. The amount of such fees shall be set by the city council.
F. The
completeness of an application for an adult business regulatory permit
shall be determined by the director of community development or his/her
designee within five working days of its submittal. If the director
of community development or his/her designee determines that the permit
application is incomplete, the director of community development shall
immediately notify in writing the permit 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 director of community development or his/her designee 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.
G. The
fact that a permit applicant possesses other types of state or city
permits or licenses does not exempt the permit applicant from the
requirement of obtaining an adult business regulatory permit.
(Ord. 980 § 3, 2002)
Each owner, operator, manager, employee of an adult business
or other person in charge of an adult business shall permit representatives
of the police department, health department, fire department, planning
department, license and code services division and other city departments,
to inspect the adult business for the purpose of insuring compliance
with the laws and operating standards applicable to adult businesses
at any time it is occupied or open for business. Such inspections
shall be conducted in a reasonable manner.
(Ord. 980 § 3, 2002)
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 Pico Rivera.
(Ord. 980 § 3, 2002)
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 hereby declared to constitute a public
nuisance and, as such, may be abated or enjoined from further operation.
(Ord. 980 § 3, 2002)
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 hereby 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. 980 § 3, 2002)