The intent of this chapter is to regulate uses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values and increased vacancies in residential and commercial areas in the vicinity of adult oriented businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of adult oriented businesses due to increased crime, debris, noise and vandalism; higher crime rates in the vicinity of adult oriented businesses; and blighting conditions such as lowlevel maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult oriented businesses. In approving the regulations contained in this article, the City Council has reviewed detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult oriented businesses. These studies include Upland, California (1992); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); State of Minnesota, Attorney General Report (1989); Newport News, Virginia (1996); St. Paul, Minnesota (1987); Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively "Studies"). The Studies substantiate the adverse, secondary effects of adult businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended market.
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
"Adult Bookstore"
means any establishment, which as a regular and substantial course of conduct, displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See "Adult oriented business" for definition of regular and substantial portion of its business.)
"Adult Cabaret"
means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Adult Hotel or Motel"
means a hotel or motel which, as a regular and substantial course of conduct, provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts and which rents, leases, or lets any room for less than a 12-hour period and/or rents, leases or lets any room more than once in a 24-hour period and which advertises the availability of any of the above.
"Adult Model Studio"
means any premises where there is furnished, provided or procured figure models who pose in any manner which characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. "Adult model studio" shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq., of the Education Code.
"Adult Motion Picture Arcade"
means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture video or DVD machines, or other image-producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Adult Oriented Business"
means any business establishment or concern which as a regular and substantial course of conduct is used as an adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts. "Adult oriented business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire that does not opaquely cover specified anatomical parts or any business establishment or concern which as a regular course of conduct provides or allows performers, models, actors, actresses, or employees to perform or engage in or simulate specified sexual activities, or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, or relating to specified sexual activities or specified anatomical parts. "Adult oriented business" does not include those uses or activities, the regulation of which is preempted by State law.
"Adult Theater"
means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slides photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
"Employee"
means a person who performs any service on the premises of an adult oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of the adult oriented business. Employee does not include a person exclusively on the premises to conduct repair or maintenance for the premises or equipment on the premises or for the delivery of goods to the premises.
"Establish"
means, with reference to an adult bookstore, adult motion picture theater, adult cabaret, or other adult business:
1. 
Opening or commencement of operation as a new business.
2. 
Conversion of an existing business to an adult business.
3. 
Addition of an adult business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this paragraph, enlargement means an increase in the size of the building or area in which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot.
"G-String"
means an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis.
"Individual Viewing Area"
means any area used for viewing live performances, pictures, movies, videos or other presentations that has a potential maximum occupancy of 10 persons or less as determined by the Building Official under the adopted Uniform Building Code.
"Live Art Class"
means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least 24 hours in advance of participation in the class.
"Live Entertainment"
means any existent display by a human being that is characterized by an emphasis on specified anatomical parts or specified sexual activities.
"Pasties"
mean an article of clothing that opaquely covers the nipple and areola of the female breast.
"Performer"
means any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult oriented business.
"Religious Institution"
means a building that is used primarily for religious worship and related religious activities.
"School"
means an institution of learning for minors, whether public or private which maintained pursuant to standards set by the State Board of Education and made Applicable to the particular type of school. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university.
*
For example, it is recognized that curriculum standards that are applicable to public schools are not applicable to private schools. Accordingly, a private school is not disqualified from being considered a "school" simply because it does not comply with curriculum standards applicable to public schools.
"Sexually Oriented Material"
means any element of any merchandise, including, but not limited to, any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
"Sexually Oriented Merchandise"
means sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, 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.
"Specified Anatomical Areas"
means:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified Sexual Activities"
means:
1. 
Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
2. 
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or
4. 
Fondling or touching of clothed or unclothed human genitals, pubic region, buttocks or female breast; or
5. 
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. 
Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
7. 
Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. 
The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as Pasties and G-strings or equivalent clothing.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
No adult oriented business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains both an adult oriented business permit and a business license from the City.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
A. 
Persons Eligible. The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit.
B. 
The information requested below is required at the time an adult oriented business permit application is submitted to the Community Development Department:
1. 
A complete adult oriented business permit application signed by the property owner or its authorized representative and by the owner of the proposed adult oriented business.
2. 
A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council.
3. 
A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 18.20.450.
4. 
Information required for public meetings and hearings (see Chapter 18.36).
5. 
All other information as required by the City's adult oriented business permit information sheet.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
A. 
Determination of Completeness. Within seven days of receipt of an application, the Director of Community Development shall determine whether the application contains all the information required by the provisions of this Chapter 18.20. If it is determined that the application is not complete, the applicant shall be notified in writing within 10 business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Within five business days following the receipt of an amended application or supplemental information, the City Manager or designee shall again determine whether the application is complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided.
B. 
Issuance of Permit. The City Manager shall issue an adult oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 18.20.450. The applicant shall be notified within five business days of the date the City Manager issues the adult oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final. Failure to issue or deny the permit upon the expiration of the 15th calendar day after the application has been found or deemed to be complete pursuant to this section shall result in the permit being deemed issued by operation of law, subject to continued compliance with all applicable terms of this article.
C. 
Prompt Judicial Review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law in accordance with Code of Civil Procedure Section 1094.8.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
The City Manager shall approve and issue an adult oriented business permit if he or she finds that the property or premises where the proposed adult oriented business will be established is located within the M-1 zone district and if he or she finds that:
A. 
The adult oriented business will not be located within 500 feet of any lot upon which there is properly located* a school, day care center, or religious institution as of the day the application for an adult oriented business permit is filed.**
B. 
The adult oriented business will not be located within 100 feet of any establishment that serves alcoholic beverages for on-site consumption. The distances will be measured as provided in subsection A of this section.
*
For the purpose of this section a use is "located" upon a site if an application for the use to be placed upon the site has been filed with the City prior to receipt of the adult oriented business application under review.
**
In the case of multi-tenant properties, these required distances shall be measured using a straight line, without regard to intervening structures or objects, from the nearest portion of the tenant space of the adult-oriented business to the nearest portion of the tenant space for the school, religious facility, or establishment serving alcohol for on-site consumption. In the case of a single-user site (i.e., a site that is not a part of a multi-tenant commercial or industrial center), the measurement shall be taken from the nearest property line of the lot upon which the adult-oriented business is located to the property line of the lot upon which is located the single user school, religious facility or establishment serving alcohol for on-site consumption. In a mixed tenure situation, where one user is located on a single-user site and the other user (i.e., either the adult oriented business or the school, religious facility or establishment serving alcohol for on-site consumption) is located on a multi-tenant property, the measurement shall be taken from the property line of the single user site to the nearest edge of the tenant space of the user within the multi-tenant property.
C. 
The adult oriented business shall comply with the City's parking standards for the underlying use. Where no objective City parking standards exist for a particular underlying use, the applicant shall provide one space per every two occupants based upon the maximum occupancy as determined by the Building Official of the City of Yorba Linda using the adopted Uniform Building Code. In mixed-use or multi-tenant properties, with common parking areas, shared parking shall be permitted to satisfy off-street parking requirements. An adult oriented business application that includes shared parking shall meet the following criteria:
1. 
Preparation of a parking study by a qualified traffic engineer in conformance with industry standards that demonstrates that there will be sufficient parking available for use by all tenants during their normal hours of operation.
2. 
No parking space(s) shall be located more than 500 feet from the use they are intended to serve.
3. 
If located on an adjacent property, applicant shall demonstrate that he or she has obtained permission from the property owner to use parking spaces on the adjacent property.
D. 
The adult oriented business will not be located completely or partially within any mobile structure or pushcart.
E. 
The adult oriented business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises.
F. 
The adult oriented business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will include, but not be limited to, those areas that are only accessible to members of the public who pay a fee and/or join a private club or organization as well as any area of the establishment where a patron can go by way of an invitation of an entertainer.
G. 
The adult oriented business shall comply with the objective portions of the City's sign regulations.
H. 
The adult oriented business shall comply with the objective development and design requirements of the zone in which it is to be located.
I. 
The adult oriented business shall not display any sexually oriented material, sexually oriented merchandise or display that would be visible from any location other than from within the adult oriented business.
J. 
The adult oriented business shall not allow admittance to any person under the age of 18 if no liquor is served, or under the age of 21 if liquor is served.
K. 
The adult oriented business shall not operate between the hours of midnight and 10:00 am.
L. 
For the two years prior to establishing the adult oriented business and at all times during its operation in Yorba Linda, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) of the adult oriented business shall have been found guilty of a misdemeanor or felony classified by the State as a sex-related offense, including, but not limited to, a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266 (inc. 266a-266k), 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, or have either had an adult oriented business permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an adult oriented business permit or similar permit, license or ordinance in any City, County, territory, or State.
M. 
The owner of the adult oriented business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from sexually oriented materials and sexually oriented merchandise. Only one person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner or manager of the adult oriented business shall employ a restroom attendant/security officer of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner or manager shall ensure that the attendant permits no unlawful activities in the restroom, including, but not limited to, prostitution and/or drug use and, with the exception of urination and excretion, no person engage in any specified sexual activity in the restroom.
N. 
The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than 32 square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations.
O. 
All areas of the adult oriented business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:
Bookstore
20 footcandles
Retail establishments
20 footcandles
Theater
5 footcandles except during performances, at which times the lighting shall be at least 1.25 footcandles
Cabaret
5 footcandles except during performances, at which times the lighting shall be at least 1.25 footcandles
Motion picture arcade
10 footcandles in public area
Individual viewing booths
1.25 footcandles
Motion picture theater
10 footcandles except during performances at which times the lighting shall be at least 1.25 footcandles
Motel/hotel
20 footcandles in public areas
P. 
The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
Q. 
A traffic study prepared for the adult oriented business in conformance with industry standards must demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the General Plan for that roadway.
R. 
The adult oriented business shall comply with the Noise Element of the General Plan, interior and exterior noise standards and the Noise Ordinance of the City of Yorba Linda.
S. 
The adult oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 18.24 hereof, Title 24 of the California Code of Regulations, and all other Federal, State and City-adopted standards for the specific use.
T. 
Live entertainment shall only be performed either: (1) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than eight feet around the perimeter of the stage; or (2) in a location other than on the stage such that the performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier that cannot be opened between the public area and performer area.
U. 
No individual viewing area may be occupied by more than one person at any one time.
V. 
No patron shall directly pay or give any gratuity to any performer, and no performer will solicit or accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area that the performer is occupying.
W. 
No performer or employee will intentionally have any physical contact with any patron and no patron will intentionally have any physical contact with any performer or employee while on the premises of an adult oriented business.
X. 
No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior door or windows shall be covered with opaque coverings at all times.
Y. 
The adult oriented business shall have a separate entrance and exit to the premises for performers that is separate from the entrance and exit used by the public.
Z. 
Neither live entertainment nor any adult oriented material or adult oriented merchandise shall be visible from anywhere outside the adult oriented business.
AA. 
At least one security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all adult oriented businesses providing live entertainment, an additional security guard shall be provided with each increase in maximum occupancy of 200 persons.
BB. 
Public nudity will be prohibited on the premises at all times. For the purposes of this section, the term "public nudity" shall mean appearing in a state the individual is clothed in less than pasties and a G-string. The phrase "G-string" shall mean an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis. The term "pasties" shall mean an article of clothing that opaquely covers the nipple and areola of the female breast and is not designed to nor appears to look like the nipple and/or areola of the female breast.
CC. 
The adult oriented business shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.
(Ord. 2004-884; Ord. 2004-885; Ord. 2017-1046; Ord. 2019-1056 § 3)
No adult oriented business permit may be sold, transferred, or assigned by any permittee, or by operation of law, to any other person, group partnership, corporation or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit and such permit shall be thereafter null and void. An adult oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult oriented business from one element of an adult oriented business use to another element of an adult oriented business shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location specified on the permit.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
A. 
Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee, employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to in this chapter without first obtaining an adult oriented business permit from the City shall be guilty of a misdemeanor. Except as provided herein, and as provided by the penal code, no violation of this chapter shall be criminally punished.
B. 
Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance; and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operation.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
A. 
Inspections. The permittee shall permit officers of the City, the County of Orange, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.
B. 
Revocation Grounds. The Director of Community Development may revoke an adult oriented business permit when he or she discovers that any of the following have occurred:
1. 
Any of the location/operational requirements contained in Section 18.22.450 above is violated.*
*
A permit shall not be revoked for a violation of Section 18.22.450(J) if the accused can show, by clear and convincing evidence, that he or she did not know, and could not have reasonably learned, that the person on the premises was under the required age.
2. 
The application contains incorrect, or false information.
3. 
The permittee is convicted of any felony or misdemeanor which is classed as a sex or sex-related offense, including, but not limited to, a violation of the following Penal Code sections and their subparts and subsections: 220, 261, 262, 264, 264.1, 265, 266 (incl. 266a-266k), 267, 286, 286.5, 288, 288a, 289, 647, 647b, 647d, any violation of the City's massage ordinance, or any violation of any other adult business ordinance of any other City, County, or State.
C. 
Revocation Notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee must request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file a request for public hearing with the City Clerk. If the request for a public hearing is filed within 15 calendar days of the mailing or posting of the notice, referenced above, the hearing shall be provided as contained in subsection D, below.
D. 
Revocation Hearing. Upon receipt of a written request for a public hearing, the Director of Community Development shall provide to the permittee a list of five names of potential hearing officers. The applicant shall select one name from the list, which person shall be the appointed hearing officer for the hearing. The permittee shall have opportunity, but not the obligation to pay 50 percent of the hearing officer's fee. The selected hearing officer shall conduct a hearing within 30 calendar days of receipt of such request. Notice of the public hearing shall be in accordance with Article 8 of Chapter 18.36 of this zoning ordinance. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested and postage prepaid at least 15 calendar days in advance of the date set for the public hearing. At the public hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The public hearing officer shall not be bound by the traditional rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.
E. 
Ruling. Within 10 calendar days of the termination of the hearing, the hearing officer shall make a decision on whether the grounds for revocation exist and shall submit a written report to the City Manager. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the City Manager on whether the permit is to be revoked. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of such report shall be forwarded by certified mail, return receipt requested and postage prepaid, to the permittee on the day it is filed with the City Clerk. If the hearing officer determines that any grounds for revocation exist, as provided in subsection B above, the City Manager, based upon the report of the hearing officer, or if no hearing is conducted, based upon the report of the City staff, shall immediately revoke the permittee's adult oriented business permit. The decision shall be final.
F. 
Maintenance of Status Quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.
(Ord. 2004-884; Ord. 2004-885; Ord. 2019-1056 § 3)
Adult businesses may be permitted in any M-1 district subject to the provisions of this title. Such businesses are prohibited in any other zone district.
(Ord. 2004-884; Ord. 2004-885; Ord. 2017-1046; Ord. 2019-1056 § 3)