Chapter 20 ADULT ORIENTED BUSINESSES

"Adult arcade"

means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult bookstore/merchandise store"

means an establishment which has a regular and substantial portion of its business or merchandise in paraphernalia, books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for specified sexual activities.

"Adult cabaret"

means a nightclub, restaurant, or similar business establishment which as a regular and substantial course of conduct: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproduction which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult hotel/motel"

means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, offers or lets any room for less than a six hour period, or rents, leases, or lets any single room more than twice in a 24 hour period.

"Adult motion picture theater"

means a business establishment which as a regular and substantial course of conduct and where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

"Adult theater"

means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

"Modeling studio or figure studio"

means a commercial establishment which features or provides, for any form of consideration, figure models or persons who appear semi-nude or nude, who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education.

"Sexual encounter establishment"

means an establishment, other than a hotel, motel or similar establishment, offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specific anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

"Adult-oriented business operator"

means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

"Applicant"

means a person who is required to file an application for a permit under this chapter, including an individual, owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

"Bar"

means any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.

"Church"

means a structure which is used primarily for religious worship and related religious activities.

"Distinguished or characterized by an emphasis upon"

means and refers to the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

"Figure model"

means any person who, for any form of consideration, poses in a modeling studio or figure studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

"Nudity or a state of nudity"

means the showing of the human male or female genitals, pubic area, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.

"Operate an adult-oriented business"

means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.

"Permittee"

means the person to whom an adult-oriented business permit and/or an adult-oriented business performer permit is issued.

"Person"

means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

"Police Chief"

means the Police Chief of the City of Huntington Park or the authorized representatives thereof.

"Regularly features"

means a regular and substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as part of the ongoing business of the adult-oriented business.

"Regular and substantial course of conduct or regular and substantial portion of its business"

means any adult oriented business where any of the following conditions exist:

The area(s) devoted to the display of sexually oriented material exceeds 25% of the total display area of the business;

The business or concern presents any type of entertainment, live or otherwise, characterized by an emphasis upon specified sexual activity or specified anatomical areas on any four or more separate days within any 30 day period; or

"Specified anatomical areas."

At least 25% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis upon specified sexual activity or specified anatomical areas.

"School"

means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

"Semi-nude"

means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

As used herein "specified anatomical areas" shall mean and include any one of the following:

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;

Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

"Specified sexual activities."

Any device, costume or covering that simulates any of the body parts included in subdivisions (1) or (2) above.

As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated;

"Specified criminal activity"

Excretory functions as part of or in connection with any of the other activities described in subdivision (i) through (iii) of this subsection.

means any of the following offenses:

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

For which:

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, if the conviction is of a misdemeanor offense;

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24 month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

§ 5-20.03 Location standards.

Adult-oriented businesses shall only be permitted in the Special Use Overlay Zone, provided:

Each such adult-oriented business, prior to commencing operation or continuing such business, shall first apply for and receive an adult-oriented business permit.

Each such adult-oriented business must comply with all applicable development and performance standards.

Each such adult-oriented business must comply with all distance requirements set forth below.

Adult-oriented businesses shall not be established or located within certain distances of certain specified land uses or zones as set forth below:

No adult-oriented business shall be established or located within 500 feet of any other adult-oriented business.

No adult-oriented business shall be established or located within 1,000 feet from any existing residential zone or use, park, church or school when the underlying zone is MPD or within 500 feet from any existing residential zone or use, park, church or school when the underlying zone is C-G.

§ 5-20.04 Adult-oriented business permit required.

The distances set forth above shall be measured as a radius from the property line of the property on which the adult-oriented business is located to the property lines of the property so zoned or used without regard to intervening structures.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003, as amended by § 1, Ord. 792-NS, eff. December 6, 2006)

Every person who proposes to maintain, operate or conduct an adult-oriented business in the City of Huntington Park shall file an application with the Police Chief upon a form provided by the City of Huntington Park and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable. Each application for an adult-oriented business permit shall contain the following information:

Applicant information required for permit.

The name, residential and business telephone and address of the applicant and lessor of the real property upon which the business is to be conducted. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, evidence that the corporation is in good standing under the laws of the State of California, the name of the registered corporate agent and the address of the registered office for service of process, together with the place and date of incorporation. If the applicant is a partnership, the applicant shall set forth the names, and residential and business addresses of each of the partners.

Acceptable written proof that the applicant is at least 18 years of age.

The social security number and state driver's license or identification card of the applicant.

The applicant's fingerprints on a form provided by the Police Department and a color photograph clearly showing the applicant's face. Any fees for the fingerprints or photograph shall be paid by the applicant.

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state, or territory under license, has had such license or permit for a adult-oriented business or similar type of business revoked or suspended, the reason therefor and the business activity or occupation subsequent to such action of suspension or revocation.

All felony convictions of the applicant within the last five years; all misdemeanor convictions within the last two years of the applicant of any of the offenses set forth in California Penal Code Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) as those sections now appear or may hereafter be amended or renumbered; or any offense requiring registration under California Penal Code Section 290, and the equivalent of the aforesaid offenses outside of the State of California.

The address to which notice of action on the application is to be mailed.

(9)

The name, business location, legal description, business mailing address and phone number of the proposed adult-oriented business.

Business information required for permit.

A description of the type of adult-oriented business for which the permit is requested.

The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s).

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be 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.

A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 5-20.10.

Any other similar permits obtained in other jurisdictions, including year of issuance and name of jurisdiction.

The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by Section 5-20.05 to obtain an adult-oriented business performer permit.

For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application.

Investigation and action on application.

If the Police Chief determines that the application is inadequate or incomplete, the Police Chief shall notify the applicant of such fact within five working days of receipt of the application or receipt of a resubmitted application. The time period for action on the application shall cease to be in effect upon notice of an incomplete or inadequate application and resubmittal thereof.

Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business permit.

Within 20 working days of receipt of the completed application, the Police Chief shall complete the investigation, and grant or deny the application in accordance with the provisions of this section. The application, as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

The Police Chief shall approve the application unless one or more of the following findings are made:

The building, structure, equipment, or location used by the business for which an adult-oriented business permit is required does not comply with the requirements and standards of health, zoning, fire and safety laws of the City of Huntington Park or the State of California, or with the location, development or performance standards and requirements of these regulations.

The granting of the application would violate a statute, ordinance, or court order.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit.

(iv)

An applicant is under 18 years of age.

(v)

The required application fee has not been paid.

(vi)

The adult-oriented business does not comply with the zoning ordinance location standards.

(vii)

An applicant has been convicted of a specified criminal activity. The fact that a conviction is being appealed shall have no effect under this subsection.

Each adult-oriented business permit shall be renewed on an annual basis in the following manner:

The permittee shall submit an updated application to the Police Chief, indicating any changes since the filing of the previous application as set forth in Sections 5-20-04(a)(1), (4), (7), (8), and 5-20-04(b)(2) and (6).

The permittee shall provide fingerprints on a form provided by the Police Department and a color photograph clearly showing the applicant's face. Any fees for the fingerprints or photograph shall be paid by the permittee.

Failure to renew an adult-oriented business permit on an annual basis shall be grounds for suspension or revocation.

§ 5-20.05 Adult-oriented business performer permit.

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted and the address of the adult-oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

Every person who proposes to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities, or who proposes to participate as a figure model in an adult-oriented business, shall file an application with the Police Chief upon a form provided by the City of Huntington Park and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

The Police Chief shall grant, deny and renew adult-oriented business performer permits.

The application for a permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief.

The completed application shall contain the following information and be accompanied by the following documents:

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

Age, date and place of birth;

Height, weight, hair and eye color;

Present residence address and telephone number;

Whether the applicant has ever been convicted of:

Any felony offense within the last five years or any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered within the last two years.

The equivalent of the aforesaid offenses outside the State of California.

Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

State driver's license or identification number;

Satisfactory written proof that the applicant is at least 18 years of age;

(9)

The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(10)

If the application is made for the purpose of renewing an adult-oriented business performer permit, the applicant shall attach a copy of the permit to be renewed.

(11)

The address of the adult-oriented business where the applicant intends to perform or model.

Investigation and action on application.

The Police Chief shall approve the application unless one or more of the following findings are made:

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;

The applicant is under 18 years of age;

The adult-oriented business performer permit is to be used for performing or modeling in a business prohibited by State or City law.

(iv)

The applicant has been convicted of a specified criminal activity.

§ 5-20.06 Suspension or revocation of adult-oriented business regulatory permits and adult-oriented business performer permits.

The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the adult-oriented business in which the permittee will perform.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

An adult-oriented business permit or adult-oriented business performer permit may be suspended or revoked if it is found that any of the following conditions exist:

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the City.

The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one or more of the activities described below while on the premises of an adult-oriented business:

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

(iv)

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318, or 647(b) of the California Penal Code.

(v)

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4.

(vi)

Any conduct prohibited by this chapter.

(vii)

Possession, use, or sale of controlled substances on the premises.

(viii)

The adult-oriented business has employed minors.

(ix)

The permittee, manager, or agent or employee of the permittee or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an adult-oriented business or of any sex-related crime after the date of issuance of the adult-oriented business permit.

(x)

Failure to renew an adult-oriented business permit on an annual basis.

Failure to abide by a disciplinary action previously imposed by an appropriate City official.

The permittee, owner, employee, manager, or agent of the adult-oriented business has employed or permitted performers or figure models to perform or model who do not have an adult-oriented business performer permit.

An adult-oriented business regulatory permit or adult-oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

On determining that grounds for permit suspension or revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed by certified mail, return-receipt requested, postage prepaid, and addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses.

Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

The Police Chief or his or her designee's decision may be appealed in accordance with Section 5-20.07.

After holding the hearing in accordance with the provisions of this section, if the Chief of Police or his or her designee finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief or his or her designee shall impose one of the following:

A warning;

Suspension of the permit for a specified period not to exceed six months;

§ 5-20.07 Appeal: Denial, suspension, or revocation.

Revocation of the permit.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

After denial of an application for an adult-oriented business permit or an adult-oriented business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the City Council in accordance with the provisions of Chapter 4 of the Huntington Park Municipal Code. A hearing on the appeal by the City Council shall be held not later than 30 days after the City Clerk receives a written notice of appeal, and the City Council shall make a determination within 45 days from the filing of the appeal. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such action pursuant to California Code of Civil Procedure Section 1094.8.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

§ 5-20.08 Nontransferability of permits.

§ 5-20.09 Adult-oriented development and performance standards.

A permittee shall not transfer an adult-oriented business permit or an adult-oriented business performance permit to another nor shall a permittee operate an adult-oriented business or perform under the authority of a license at any place other than the address designated in the application. Any permit which is transferred to another person or to another location shall immediately become null and void.

(§ 9, Ord. 710-NS, eff. Sept. 2, 2003; § 9, Ord. 709-NS, eff. Oct. 16, 2003)

Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Huntington Park.

No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public view or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign or shop window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

All off-street parking area and premises entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one 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-oriented business for the personal safety of patrons and employees and to reduce the incidents of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

An adult-oriented business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day.

(f)

The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or designee. No person under the age of 18 years shall be permitted within the premises at any time.

(g)

All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.

(h)

All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Area	Foot-Candles
Bookstores and other retail establishments	20
Theaters and cabarets	5 (except during performances, at which times lighting shall be least 1.25 foot-candles)
Arcades	10
Motels/Hotels	20 (in public areas)
Modeling studios	20

The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult oriented material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to an adultoriented business which deals exclusively with sale or rental of adult oriented material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to its patrons or the general public.

(j)

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

No person shall perform live entertainment for patrons of an adult-oriented 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, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by a performer.

The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

The adult-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

No owner or other person with managerial control over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of any person's specified anatomical areas.

(k)

Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

Security guards for other adult-oriented businesses may be required if it is determined by the Police Chief that their presence is necessary in order to prevent any of the conduct listed in Section 5-20.06(a)(2) from occurring on the premises.

§ 5-20.10 Additional regulations pertaining to adult arcades.

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards 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 as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

The foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

Any adult-oriented business which is also an "adult arcade", shall comply with the following provisions:

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 establishment to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager 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 one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.

The view area specified in subsection (a) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

No viewing room may be occupied by more than one person at any one time.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

§ 5-20.11 Additional regulations pertaining to modeling studios or figure studios.

Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or to remain in the common area of such business, other than the restrooms, unless actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

(f)

The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the permit to conduct the adult-oriented business.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

No person shall keep, conduct, maintain, or operate any modeling studio or figure studio contrary to, or in violation of, any of the following rules or regulations:

No model under 18 years of age shall be permitted or allowed to pose in the nude on the premises.

No person under 18 years of age shall be admitted to or allowed to remain upon the premises in which a model is posing semi-nude or nude.

The permittee shall not operate before 10:00 a.m. and after 10:00 p.m. Monday through Sunday.

The interior of a studio shall not be visible from outside the premises.

Main entrance and exit doors shall remain unlocked during business hours.

(f)

Any room or area used for the purpose of modeling shall be readily accessible at all times and shall be open to view in its entirety for inspections by the permittee or any law enforcement officer.

(g)

When not engaged in modeling, figure models shall remain in an area set aside for their exclusive use and out of the view of patrons or prospective patrons.

(h)

All models employed by or using the facilities of a permittee for modeling must, prior to engaging in such activities, obtain an adult-oriented business performer permit.

§ 5-20.12 Business record requirements.

The permittee shall maintain a current file of all models employed by the permittee or using the permittee's premises. This file shall contain the true names and aliases used by the model, birth date, height, weight, color of hair and eyes, home address, telephone number, and date of employment and termination. Inactive file cards shall be maintained on the premises for a period of six months.

(j)

There shall be no physical contact between any model and patron while on the premises.

(k)

No person shall be permitted to remain on the premises while under the influence of alcohol or drugs.

(l)

Each studio shall have separate dressing rooms for male and female models. Each dressing room shall be so arranged that, when the door thereof is opened, the interior shall not be visible from any place where patrons are allowed. Each dressing room shall have adequate sanitary facilities.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities or which provides figure models must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or authorized City official of the City of Huntington Park.

An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Planning Division, or other City Departments or Agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

The Police Chief shall provide each adult-oriented business performer required to have a permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer.

An adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

§ 5-20.13 Regulations nonexclusive.

The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City of Huntington Park.

(§ 9 (part) Ord. 710-NS, eff. Sept. 2, 2003; § 9 (part) Ord. 709-NS, eff. Oct. 16, 2003)

§ 5-20.14 Violations: Penalties.

Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.