It shall be the purpose of this chapter to regulate adult-oriented businesses in order 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 adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(a)
It shall be unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City of San Leandro, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City of San Leandro as herein required.
(b)
It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the City of San Leandro as herein required.
(c)
It shall be unlawful for any person to be employed at an adult-oriented business in any capacity unless such person first obtains and continues in full force and effect a permit from the City of San Leandro as herein required. This subsection shall not apply to persons rendering construction, cleaning, delivery, or other temporary services to the adult-oriented business pursuant to a contract between the person's employer and the adult-oriented business unless the person is otherwise required to obtain a permit pursuant to subsections (a) or (b) of this section.