It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks and residentially zoned districts. The City Council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area, and increase in crime, and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
(Ord. 938, 7-6-1993)
A. 
It is the intent of this section that the definitions set forth in this zoning code shall apply but only where they do not conflict with any definition set forth in this section.
B. 
"Establishment of an adult entertainment business."
As used herein, to "establish" an adult entertainment business shall mean and include any of the following:
1. 
The opening or commencement of operation of any such business as a new business.
2. 
The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein.
3. 
The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of this paragraph, "enlargement" shall mean an increase in size of the building within 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 or parcel of land.
C. 
"Specified anatomical areas."
As used herein "specified anatomical areas" shall mean and include any of the following:
1. 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the tops of the areolae; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
D. 
"Specified sexual activities."
As used herein, "specified anatomical areas" shall mean and include any of the following:
1. 
The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttock or female breast;
2. 
Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in paragraphs D.1. through 3. above.
E. 
"Adult entertainment establishment."
Any place of business in which one or more of the following activities are conducted:
1. 
"Adult book store."
A commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines or display, shelf, rack, table, stand, or floor area used for the display and sale of the following:
a. 
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, and other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or
b. 
Instruments, artificial devices or paraphernalia which are designed for use in connection with specified sexual activities. The term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical.
2. 
"Adult motion picture establishment."
A commercial establishment with a capacity of more than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. For purposes of this paragraph and paragraphs E.3. through 8., and E.12., "substantial portion of the total presentation time" shall mean a regular and substantial course of conduct.
3. 
"Adult mini-motion picture theater."
A commercial establishment with a capacity of more that five (5) but less than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographs reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
4. 
"Adult motion picture arcade."
Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
5. 
"Adult drive-in theater."
An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
6. 
"Adult cabaret."
A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified anatomical areas and/or feature films, 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 for observation by patrons.
7. 
"Adult motel or hotel."
A hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
8. 
"Adult theater."
A theater, concert hall, auditorium or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
9. 
"Adult model studio."
a. 
Any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.
b. 
This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
10. 
"Sexual encounter establishment."
a. 
A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form or consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas.
b. 
This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
11. 
"Body painting studio."
Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on human body when such body is wholly or partially nude in terms of specified anatomical areas.
12. 
"Other adult entertainment business."
Any other business or commercial establishment not herein described:
a. 
Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; or
b. 
Which devotes more than fifty percent (50%) of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to specified sexual activities.
(Ord. 938, 7-6-1993)
Adult entertainment establishments are permitted only in those areas of the city zoned M-P, M-1 and M-2 (as defined in this zoning code) and as set forth herein. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this zoning code for a zone and use most comparable to the proposed adult entertainment business, as determined by the Development Services Director, provided, however, that a certificate of use of land shall not be required to establish an adult entertainment business within the Precise Development (PD) overlay zone.
(Ord. 938, 7-6-1993; Ord. 1014, 6-2-1998)
No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below:
A. 
No such establishment shall be establishment within one thousand (1,000) feet of any other adult entertainment establishment.
B. 
No such establishment shall be established within one thousand (1,000) feet of any school, church, park, hospital, public operated facility, existing residential dwelling, or residentially zoned property.
(Ord. 938, 7-6-1993)
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park or residential zone, etc. shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park or residential zone.
(Ord. 938, 7-6-1993)
No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms or other areas within its place of business that are used designed or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities).
(Ord. 938, 7-6-1993)
It shall be unlawful to establish, operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the Development Services Director.
(Ord. 938, 7-6-1993)
A. 
Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the Director on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution.
B. 
The application for a permit shall contain the following information.
1. 
The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.
2. 
Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.
3. 
The proposed business name of the adult entertainment establishment and description of the type of adult establishment.
4. 
Street address of the proposed adult entertainment establishment and the parcel number of the property.
5. 
A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property.
6. 
If the adult entertainment establishment was in existence as of the effective date of these regulations the date the establishment first commenced operation.
7. 
Any other information reasonably necessary to accomplish the purposes of these regulations.
C. 
Referral to other city departments. The Director may refer the application to other city departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the city's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.
D. 
Action and application. The Director shall determine whether to grant or deny the permit within thirty (30) working days after receipt of a complete application.
(Ord. 938, 7-6-1993)
A. 
The Director shall approve the permit unless he or she determines from a consideration of the application, city inspection of the premises or other pertinent information that:
1. 
That information contained in the application or supplemental information requested from the applicant is false in any material detail.
2. 
The proposed location of the adult entertainment business would not comply with the requirements of §§ 20.44.030 or 20.44.040 of this chapter.
3. 
The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations.
4. 
The premises where adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to the city's building, health, zoning, and fire ordinances.
5. 
That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which the stockholder owns more than ten percent (10%) of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.
B. 
Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.
C. 
An adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in paragraph A.1. through 5. above.
(Ord. 938, 7-6-1993)
The Director may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Brea City Code.
(Ord. 938, 7-6-1993)
A. 
No permit issued pursuant to this chapter may be assigned or transferred without the prior written approval of the Director. The applicant shall apply for a transfer on a form provided by the Director, and shall pay a nonrefundable application processing fee in the amount established by City Council resolution.
B. 
Transfer of partnership or corporate ownership. An application for approval of a transfer of a permit shall be required prior to any change in an interest in a partnership or ownership of ten percent (10%) or more of the stock of a corporation to any person not listed on the application filed by said application.
C. 
An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in § 20.44.090 of this chapter. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in § 20.44.090 of this chapter.
(Ord. 938, 7-6-1993)
The permittee must apply for a new adult entertainment permit as follows:
A. 
Prior to any change in the location of the adult entertainment establishment.
B. 
Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein.
C. 
Prior to any change in the business name of the adult entertainment establishment.
D. 
Prior to the enlargement of an existing adult entertainment establishment.
(Ord. 938, 7-6-1993)
Each person to whom or for whom a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises.
(Ord. 938, 7-6-1993)
Any person who knowingly violates any of the provisions shall be deemed guilty of a misdemeanor. Each violation of this chapter shall be punishable by fine not exceeding five hundred ($500) dollars or by imprisonment for a period not exceeding six (6) months or by both. Violations of these regulations may also be addresses in a civil action.
(Ord. 938, 7-6-1993)