A. 
Permit Required. It is unlawful for any person to operate, engage in, conduct or carry on any adult business unless the owner of such business first obtains from the city manager, and continues to maintain in full force and effect, an adult business permit for such business.
B. 
Eligibility. To be eligible to obtain an adult business permit, the applicant must be:
1. 
The owner of the proposed adult business.
2. 
Eighteen years of age or older.
C. 
Application Requirements. An adult business permit application shall be submitted to the city manager. The application consists of the application fee and the following:
1. 
A completed city-provided application form, signed by the owner of the proposed adult business and either the record owner of the property or the sublessor of the premises (if the business premises are subleased to the applicant business), which includes the following information: (a) the applicant's name, mailing address and phone number; (b) the applicant's status as a sole proprietor, general partner, controlling shareholder or designated representative of the proposed business; (c) the address of the proposed business; (d) a description of the proposed business; (e) the names and addresses of other adult businesses currently operated in California by the applicant or by any person affiliated with the applicant's partnership or corporation; and (f) a list of adult entertainment-related permits that the applicant, or a person affiliated with the applicant's partnership or corporation, currently holds or has had suspended or revoked by a governmental entity.
2. 
If the applicant is a general partner of a partnership that will own and operate the proposed business, the following shall be provided: (a) the partnership's name and mailing address; (b) the names of the partners comprising the partnership; and (c) the partnership agreement.
3. 
If the applicant is a controlling shareholder or designated representative of a corporation that will own and operate the proposed business, the following shall be provided: (a) the corporation's name and mailing address; (b) evidence that the corporation is in good standing under California law; (c) the names and capacities of the corporation's directors and officers; and (d) the name and address of the corporation's registered agent for service of process.
4. 
If the proposed business will be conducted on leased premises, the following shall be provided: the name and address of the property owner.
5. 
The applicant's fingerprints on a LiveScan or other form approved by the Los Angeles County sheriff's department, and two passport-size color photographs, taken within thirty calendar days of the application date, that clearly show the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.
6. 
A site plan, drawn to scale, designating the building and/or unit proposed for the adult business. The site plan shall include a dimensional interior floor plan, which depicts how the business will comply with the design standards of this chapter and the off-street parking requirements of Chapter 17.60 of this Code.
7. 
A radius map showing the following:
a. 
Any existing adult business located within one thousand feet of the property upon which the business is proposed. For the purposes of this subsection, an adult business shall be considered existing if either: (i) an adult business permit has been issued for the business; (ii) it is currently operating; or (iii) an adult business permit has been issued for the business but it is not currently operating due to a suspension of such permit.
b. 
Any existing religious institution or school, park, or area zoned for residential uses, located within five hundred feet of the property upon which the business is proposed. A religious institution or school shall be considered existing if such building: (i) is currently in use; (ii) has received a building permit; or (iii) is shown on the city's General Plan or an adopted specific plan.
The distances specified in this subsection shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the adult business is proposed, to the nearest property line of the existing adult business, religious institution, school, park, or property zoned or used for residential uses.
8. 
A letter that describes the proposed adult business and how it will satisfy the requirements of this Code.
9. 
A statement signed by the applicant certifying under penalty of perjury that the information submitted in connection with the application is true and correct.
(Ord. 1065 §2, 2005)
A. 
The city manager shall, within thirty city business days of the filing of an application, approve the adult business permit unless subsection B of this section applies. Notice of the approval or denial of the permit shall be given to the applicant in writing. If the application is denied, the city manager shall include with the notice a statement of the reason(s) for the denial. The times set forth in this subdivision shall not be extended except upon written consent of the applicant. If the city manager neither approves nor denies the adult business permit within the allocated period, the application shall be deemed approved and the applicant may operate the adult business in accordance with this Code. When an application is deemed approved, the city manager shall promptly issue an adult business permit to the applicant. For purposes of this chapter, "city business day" means any day on which the city clerk's office is open to transact normal business.
B. 
The city manager may deny an application for an adult business permit upon any of the following grounds:
1. 
The applicant is under eighteen years of age.
2. 
The applicant has failed to complete the application.
3. 
The applicant has knowingly submitted a misleading or fraudulent statement of material fact.
4. 
The applicant proposes to conduct more than one type of adult business within the establishment.
5. 
The application does not comply with the design standards of this chapter, the locational standards of Section 5.25.060 of this chapter, or any other applicable provision of this Code.
6. 
The applicant's corporation, if the applicant is a controlling shareholder or designated representative of a corporation, is not in good standing under California law.
7. 
The applicant, or a person affiliated with the applicant's partnership or corporation, has had an adult business permit revoked by the city within one year prior to the date of the application.
8. 
An adult business permit application for the same property has been denied by the city within one year prior to the date of the application.
(Ord. 1065 §2, 2005)
A. 
No person shall operate an adult business under the authority of an adult business permit at any place other than the address of the adult business stated in the application for the permit.
B. 
No adult business permit issued pursuant to this chapter shall be transferable.
C. 
Any attempt to transfer an adult business permit is hereby declared invalid and the permit shall automatically become void, effective the date of such attempted transfer.
(Ord. 1065 §2, 2005)
No adult business permit shall be issued if the property upon which the adult business is proposed is:
A. 
Within one thousand feet of an existing adult business. For the purposes of this subsection, an adult business shall be considered existing if either: (1) an adult business permit has been issued for the business; (2) it is currently operating; or (3) an adult business permit has been issued for the business but it is not currently operating due to a suspension of such permit.
B. 
Within five hundred feet of any existing religious institution or school, park, or property zoned for residential use. A religious institution or school shall be considered existing if such use: (1) is currently in use; (2) has received a building permit; or (3) is indicated on the city's General Plan or an adopted specific plan.
C. 
Within five hundred feet of any property used for residential use, if the property upon which the adult business is proposed is located within the Adult Business Overlay Zone as provided in Chapter 17.19.
The distances specified in this section shall be measured in a straight line, without regard for intervening structures and the boundaries of the city, from the nearest property line of the property upon which the adult business is proposed, to the nearest property line of the existing adult business, religious institution or school, park, or property zoned or used for residential use.
(Ord. 1065 §2, 2005)
A. 
No adult business shall be located in any temporary or portable structure.
B. 
Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.
C. 
No landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground.
D. 
All off-street parking areas and premises entries of the adult business shall be illuminated from dusk until two hours past closing time 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 lighting shall be shown on the site plan required by this chapter.
E. 
Sufficient sound-absorbing insulation shall be provided so that noise generated inside the establishment shall not be audible anywhere outside of the establishment, including from adjacent property, the public right-of-way or any separate unit within the building in which the establishment is located.
F. 
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.
G. 
All areas of the adult business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area
Foot-Candles
Adult arcade
10
Adult cabaret
5 (except during performances, at which times lighting shall be at least 1.25 foot-candles)
Adult merchandise store
20
Adult modeling studio
20
Adult motion picture theater
5 (except during film exhibition)
H. 
The adult business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which: (1) is not required to and does not provide restroom facilities to patrons or the general public; and (2) deals exclusively with sale or rental of adult merchandise which is not used or consumed on the premises.
I. 
Adult arcades shall comply with the following additional requirements:
1. 
The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection must be in direct line of sight from the manager's station.
2. 
The view area specified in subsection 1 shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times.
3. 
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.
J. 
Adult cabarets shall comply with the following additional requirements:
1. 
The adult business shall provide separate gender dressing room facilities for erotic dancers which are exclusively dedicated to the erotic dancers' use.
2. 
The adult business shall provide an entrance/exit for erotic dancers which is separate from the entrance/exit used by patrons.
3. 
The adult business shall provide access for erotic dancers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot wide walk aisle for erotic dancers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the erotic dancers. Such railing, fence or other barrier shall be at least thirty inches in height and shall be sufficient to delineate a separation between patrons and erotic dancers; provided, however, that such railing may contain individual breaks not exceeding five feet in length and not exceeding more than fifty percent of the length of the walk aisle between the erotic dancers' dressing room facilities and the stage.
4. 
Each stage shall be elevated at least eighteen inches above the level of the floor and separated at least six feet from the nearest area occupied by patrons.
(Ord. 1065 §2, 2005)
A. 
No adult business shall be operated in any manner that permits the observation, from any public way or from any location outside the building or area of such establishment, of any adult merchandise or activities depicting, describing, or displaying specified sexual activities or specified anatomical areas. This provision shall apply to any display, decoration, sign, show window or other opening.
B. 
No exterior door or window on the premises shall be propped or kept open at any time while the business is open.
C. 
Exterior windows shall be covered with opaque covering at all times.
D. 
Patrons shall not be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
E. 
No person under the age of eighteen years shall be permitted within the premises at any time. If the adult business does not serve alcohol, the building entrance shall be clearly and legibly posted with a notice, constructed and posted to the satisfaction of the director of community development, indicating that persons under eighteen years of age are precluded from entering the premises. If the adult business serves alcohol, the notice shall comply with all notice and posting requirements of the Department of Alcoholic Beverage Control.
F. 
No adult business shall conduct or sponsor any activities that create a demand for parking spaces beyond the number of spaces required for the business by this Code.
G. 
No more than one type of adult business shall be conducted within the establishment.
H. 
The adult business permit issued for the business shall be conspicuously posted so that it may be readily seen by persons entering the establishment.
I. 
Security guards shall be employed in accordance with the following standards:
1. 
At least one security guard shall be on duty within the business at all times during open hours; provided, however, if the occupancy limit of the premises is greater than thirty-five persons, then an additional security guard shall be on duty for each additional thirty-five persons or portion thereof authorized by the occupancy limit.
2. 
Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public.
3. 
No security guard shall act as an admittance person, ticket person or sole occupant of a manager's station.
J. 
The business shall not be operated between the hours of twelve a.m. and eight a.m. on any day. businesses that have received a license from the California Department of Alcoholic Beverage Control and a conditional use permit from the city for the sale and service of alcoholic beverages pursuant to Section 17.14.040 and Chapters 17.51 and 17.53 of this Code may operate during the hours permitted by such permits.
K. 
The exterior grounds of the premises shall be kept free of adult merchandise.
L. 
Acupressure, acupuncture, gambling, massage and tattooing shall not be conducted on the premises.
M. 
At least one employee shall be on-duty and stationed at each manager's station while a patron is in the establishment.
N. 
All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.
O. 
The adult business shall maintain a security system that visually monitors and records the interior and the exterior of the premises, including all parking areas, during the hours of operation of the business.
P. 
No person on the premises shall be nude. This subsection does not apply to the public restrooms or the dressing room facilities used by erotic dancers in an adult cabaret.
Q. 
Adult arcades shall comply with the following additional standards:
1. 
No viewing room or video booth may be occupied by more than one person at any one time.
2. 
The floors, seats, walls and other interior portions of all viewing rooms and video booths shall be maintained clean and free from waste and bodily secretions.
R. 
Adult cabarets shall comply with the following additional standards:
1. 
No erotic dancer shall perform or conduct the activities included within the definition of erotic dancer set forth in Section 5.25.020 of this chapter on the premises, unless such person is in possession of a valid erotic dancer permit.
2. 
No erotic dancer shall perform or conduct the activities included within the definition of erotic dancer set forth in Section 5.25.020 on the premises, except upon a stage that complies with the design standards of this chapter.
3. 
No erotic dancer shall perform or conduct the activities included within the definition of erotic dancer set forth in Section 5.25.020 on the premises closer than six feet to any patron.
4. 
No patron shall be closer than six feet to any erotic dancer while such dancer is performing or conducting the activities included within the definition of erotic dancer set forth in Section 5.25.020 on the premises.
5. 
No erotic dancer shall fondle or caress a patron and no patron shall fondle or caress an erotic dancer.
6. 
No patron shall directly pay or give any gratuity to an erotic dancer. This subsection does not prohibit patrons from placing gratuities for erotic dancers in containers, placed in such a manner as to comply with the distance requirements between erotic dancers and patrons set forth in subsections 3 and 4 above.
7. 
The owner shall maintain on the business premises a register listing the legal name, stage name(s), and erotic dancer permit number of each erotic dancer who performs at the business.
(Ord. 1065 §2, 2005)
The owner of an adult business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which is characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three years.
(Ord. 1065 §2, 2005)
The design standards and operational standards of this chapter are conditions of adult business permit approvals. Notwithstanding any other provision of this Code, failure to comply with the design or operational standards of this chapter shall not constitute grounds for criminal prosecution.
(Ord. 1065 §2, 2005)
A. 
Each adult business permit shall be valid for two years from the date of issuance or renewal unless suspended or revoked.
B. 
An application for renewal of an adult business permit shall be submitted to the city manager no sooner than sixty days, and no later than forty-five days, prior to the expiration of such permit. The application consists of the renewal application fee and the items required for an initial application as provided in Section 5.25.030 of this chapter, except as follows:
1. 
No additional fingerprints will be required if the applicant's fingerprints are already on file with the city.
2. 
No additional site plan will be required if the applicant declares that the business continues to operate in accordance with the site plan submitted in conjunction with the initial application.
3. 
A radius map shall not be required.
C. 
The city manager shall, within thirty city business days of the filing of a renewal application, renew the adult business permit unless subsection D applies. Notice of the renewal or denial of the permit shall be given to the applicant in writing. If the application is denied, the city manager shall include with the notice a statement of the reasons for the denial. The times set forth in this subsection shall not be extended except upon written consent of the applicant.
D. 
The city manager may deny an application for renewal of an adult business permit upon any of the grounds for denial of an initial application. The city manager also may deny an application for renewal of an adult business permit if any of the grounds exist for suspension or revocation of an adult business permit, as set forth in Section 5.25.260 of this chapter. Notwithstanding the foregoing, renewal shall not be denied in the event a residence, park, religious institution or school has been established within five hundred feet of the subject adult business after such adult business has been issued its initial permit.
(Ord. 1065 §2, 2005)
Decisions of the city manager to approve or deny the issuance or renewal of an adult business permit shall be subject to prompt administrative and judicial review in accordance with Article 5 of this chapter.
(Ord. 1065 §2, 2005)
The owner, operator, or other person in charge of an adult business shall allow city officers, employees, agents or representatives to conduct unscheduled inspections of the premises of the adult business for the purpose of ensuring compliance with the requirements of this Code at any time the adult business is open for business or is occupied.
(Ord. 1065 §2, 2005)
Fees associated with adult business permits shall be set by city council resolution and shall not exceed the city's reasonable administrative costs.
(Ord. 1065 §2, 2005)
A. 
No adult business shall employ, contract with, or otherwise retain any person in connection with the adult business who is not at least eighteen years of age. An adult business shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.
B. 
No adult business shall allow any person who is not at least eighteen years of age to enter or remain on the premises of the adult business. An adult business shall exercise reasonable care in ascertaining the true age of persons entering the adult business.
(Ord. 1065 §2, 2005)
Any adult business that is operating in violation of the provisions of this Code is hereby declared to constitute a public nuisance, and may be abated or enjoined from further operation.
(Ord. 1065 §2, 2005)
The provisions of this chapter are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other applicable provisions of this Code.
(Ord. 1065 §2, 2005)