This chapter establishes standards for adult businesses. These standards are intended to:
The provisions in this chapter shall apply to all adult businesses within the City as defined in Part 7 (Definitions).
A.
New Structures and Uses. All new structures and uses proposed or established after the effective date of the Zoning Ordinance shall comply with the standards in this chapter.
B.
Existing Structures and Uses. When an existing structure or use is expanded it shall comply with the standards in this chapter.
A.
A person may not engage in, conduct or carry on, or allow to be engaged in operation of an adult business without a Conditional Use Permit valid for adult business and a business license. The penalties for violation of this section shall be in accordance with the provisions of Chapter 1.16 (Penalty Provisions) of the Municipal Code and Section 17.22.090 of this Zoning Ordinance.
B.
An adult business shall comply with the applicable City permit and inspection procedures specified in Part 5 (Land Use and Development Approval Procedures). Failure to comply with any requirements shall be grounds for denial, suspension, or revocation of the permit.
C.
Every adult business granted a permit shall display the permit in a conspicuous place within the adult business at all times during business hours.
D.
Prior to approval of an adult business permit pursuant to the provisions specified in Part 5 (Land Use and Development Approval Procedures), the police chief shall investigate the information contained in all adult business permit applications, and recommend in a report whether to grant, deny, or renew adult business performer permits based on the following conditions:
1.
Whether any proposed operator has ever been convicted of:
2.
Whether any proposed operator is or has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If a proposed operator is or has ever been so licensed, registered, or authorized, the applicant shall submit a statement giving the place of such registration, licensing, or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.
3.
The permit shall be denied if the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application.
4.
The permit shall be denied if the applicant is under 18 years of age.
5.
The permit shall be denied if the applicant is registered or licensed in any state or other jurisdiction as a prostitute.
An adult business shall not be located within certain distances of another adult business nor within certain distances of sensitive uses.
A.
For the purposes of this chapter, all distances shall be measured by drawing a circle, around the centerpoint of the unit or building containing the adult business.
B.
In establishing an adult business, the siting criteria shall apply both to sensitive uses and to other adult businesses regardless of whether they are inside or outside the boundaries of the City.
C.
The establishment or maintenance of an adult business shall be subject to the siting criteria setting forth minimum distances for sensitive uses within the following radii as follows:
The following requirements shall be deemed conditions of all adult business permits issued pursuant to this chapter or any extension thereof, and failure to comply with any such requirement shall be grounds for denial, suspension, or revocation of the permit.
A.
The establishment of an adult business shall comply with the applicable site development standards, including parking, of the zone in which the adult business is located, and with the building code, fire code, and health and safety code of the City. If an applicant or operator of an adult business proposes new construction, renovation or change of use of any adult business that requires a building permit pursuant to the terms of the City building code, then the applicant or operator shall be subject to all the requirements and conditions of the building codes, laws, regulations, and standards in the same manner as for any other building or structure of the same type, size, and occupancy classification.
B.
An adult business shall not be open for business between the hours of 2:00 a.m. and 11:00 a.m. on any particular day.
C.
No adult business shall be constructed or operated in any manner that permits observation of adult materials or performances from any public location outside the building or portion thereof in which the adult business is conducted. This provision also applies to signs, advertisements, displays, or other promotional materials. No exterior door or window on the premises shall be propped or kept open at any time during business hours. All exterior windows shall be covered with opaque covering at all times.
D.
No person under the age of 18 years shall be permitted within the premises at any time if no liquor is served, and 21 if liquor is served. The building entrance to the adult business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
E.
The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere outside the premises.
F.
Each adult business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult business is open to the public.
G.
All interior doors shall not be locked during business hours.
H.
All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.
I.
All exterior areas of adult businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
J.
Off-street parking shall be provided for the adult business as specified for the zone in which the business is located in accordance with the parking provisions of Chapter 17.11 (Parking and Loading).
K.
All off-street parking areas and premises entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system that provides an average maintained horizontal illumination of 1 foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct.
L.
Any adult business that is an "adult arcade" also shall comply with the following provisions:
1.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has 2 or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least 1 of the manager's stations. The view required in this subsection shall be a direct line of sight from the operator's station.
2.
No patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted.
3.
No partially or fully enclosed booths shall be maintained. No viewing room or booth that has a floor area of less than 20 square feet may be occupied by more than 1 person at any 1 time.
4.
The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any 2 such rooms such as would allow viewing from 1 booth into another or such as to allow physical contact of any kind between the occupants of any 2 such booths or rooms.
5.
The floors, seats, walls, and other interior portions of all video rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, blood, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls.
M.
Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
1.
Adult businesses featuring live entertainment shall provide at least 2 security guards at all times while the business is open. If the actual occupancy of the premises exceeds 35 patrons, then at least 3 security guards shall be on duty. If the actual occupancy of the premises exceeds 70 patrons, then at least 4 security guards shall be on duty. One additional security guard shall be on duty for each additional 35 patrons over 70.
2.
Security guards for other adult businesses may be required if it is determined by the director or police chief that their presence is necessary in order to prevent any of the conduct listed in Section 17.20.100 (Restrictions on Live Entertainment) from occurring on the premises. Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Each security guard shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard in accordance with the California Business and Professions Code, to the satisfaction of the police chief. No security guard required pursuant to this subsection shall act in any other capacity for the adult business, such as a door person, ticket seller, ticket taker, admittance person, operator, or sole occupant of the establishment, while acting as a security guard.
The following additional requirements shall apply to adult businesses that provide live entertainment depicting, showing, or exposing specified anatomical areas or involving specified sexual activities:
A.
For the purpose of this section, "couch dancing" or "straddle dancing" shall be defined as an employee of the adult business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.
B.
For the purposes of this section, "anatomical area" shall be defined as any of the following:
1.
Less than completely and opaquely covered human (i) genitals or pubic region, (ii) buttocks, and (iii) female breast below a point immediately above the top of the areola;
2.
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3.
Any device, costume, or covering that simulates any of the body parts included in paragraph 1 or 2 of this subsection.
C.
For the purposes of this section, "sexual activity" shall be defined as any of the following, whether performed directly or indirectly through clothing or other covering:
D.
No person shall operate an adult business, knowingly or unknowingly, that allows any employee:
1.
To engage in a couch dance or straddle dance with a patron at the business,
2.
To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business,
3.
To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in a specified sexual activity,
4.
To voluntarily be within 6 feet of any patron while engaged in the display or exposure of any anatomical area or engaged in a sexual activity.
E.
No employee of an adult business shall:
1.
Engage in a couch dance or straddle dance with a patron at the business,
2.
Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business,
3.
Engage in the display or exposure of any specified anatomical area or engage in a specified sexual activity while intentionally touching a patron at the adult business,
4.
Engage in the display or exposure of any specified anatomical area or engage in a specified sexual activity closer than 6 feet from any patron. However, this subsection shall not apply to anyone who is displaying or exposing any specified anatomical area when such person is acting as a waiter or waitress.
F.
No patron at any adult business, regardless of whether or not such business is permitted under this chapter, shall intentionally touch an employee who is displaying or exposing any specified anatomical area or engaging in a specified sexual activity at the adult business.
G.
No patron at any adult business, regardless of whether or not such business is permitted under this chapter, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any specified anatomical area or engaging in a specified sexual activity.
H.
A performer shall not perform, entertain, dance, and/or model for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons. No patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer. A performer shall not perform, entertain, dance, and/or model at an adult business at any time closer than 10 feet to any patron.
I.
A railing, fence, partition or other barrier at least 30 inches in height shall be maintained in front of the stage or stages that is capable of, and which actually results in, separating the performers on stage and patrons by at least 10 feet.
J.
No patron shall directly pay or give any tip or gratuity to any performer and no performer shall solicit or directly receive any tip or gratuity from any patron at an adult business. This prohibition shall apply at all times on the adult business premises, including during, after, and before a performance.
A permit may be subject to suspension or revocation pursuant to Section 17.45.100 (Permit Revocation or Modification) for any of the following causes arising from the acts or omissions of the permittee, operator, employee, agent, partner, director, stockholder, or manager of an adult business, in addition to any findings made pursuant to Section 17.45.100 (Permit Revocation or Modification):
A.
The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has performed, allowed, permitted, or failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:
1.
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
2.
Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.
3.
Any conduct constituting a criminal offense that requires registration under Penal Code Section 290.
5.
Any act constituting a violation of Penal Code provisions relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code Sections 311 through 313.4.
6.
Any conduct, act, omission, or occurrence prohibited by or in violation of this article.