The City Council determines and declares that adult bookstores and adult motion picture theaters, as hereinafter defined, have serious objectionable characteristics, particularly when several of such businesses are located in close proximity to each other and in close proximity to schools and residences; that such concentration tends to create a "skid row" atmosphere and have a detrimental effect upon the adjacent area; that regulation of the location and covenant of these types of businesses is necessary to insure that such adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with other businesses which are needed and desirable in the City. It is the purpose and intent of this chapter to provide for the orderly regulation of the business of adult bookstores and adult motion picture theaters by establishing certain minimum requirements for the issuance of a permit to operate such businesses and certain minimum standards for the conduct of this type of commercial operation in order to protect the public health and welfare of the residents of the City.
(1960 code § 2A.1; Ord. 2065 § 1(A), 2018)
For the purpose of this chapter, the following words and phrases shall have the meaning hereinafter set forth:
A. 
"Adult bookstore"
means any building or portion thereof used by an establishment having as a substantial or significant portion of its stock-in-trade for sale to the public books, magazines and other publications which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or having as any part of its stock for sale mechanical or electrical devices which are distinguished or characterized by their emphasis on use for specified sexual activities or stimulation of specified anatomical areas.
B. 
"Adult motion picture theaters"
means a building or portion thereof, or area, whether open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons or customers.
C. 
"Specified anatomical areas"
means less than completely and opaquely covered human genitals, pubic region, buttock and female breast below the point immediately above the top of the areola.
D. 
"Specified sexual activities"
means any of the following:
1. 
Human genitals in the state of sexual stimulation or arousal;
2. 
Acts of human masturbation, sexual intercourse, sodomy, or bestiality; or
3. 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(1960 code § 2A.2)
It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or permit to be engaged in, conducted or carried on, in or on any premises in the City, the operation of an adult bookstore or an adult motion picture theater without a valid permit issued pursuant to the provisions of this article.
(1960 code § 2A.3; Ord. 2065 § 1(A), 2018)
The provisions of this article shall not apply to any person who is engaging in, conducting or carrying on a lawful business as an owner or operator of an adult bookstore or an adult motion picture theater, in compliance with all applicable laws, as of the effective date of the ordinance codified in this article.
(1960 code § 2A.9)[1]
[1]
Code reviser's note: Ordinance 969, codified in Article I of Chapter 5.08 LMC, was adopted October 23, 1978.
Any person, association, partnership or corporation desiring to obtain a permit to operate an adult bookstore or adult motion picture theater shall make an application to the City Council, accompanied by a nonrefundable fee in the amount of $50.00, containing the following information:
A. 
The full true name and any other names used by the applicant;
B. 
The present address and telephone number of the applicant;
C. 
The proposed address of the adult bookstore or adult motion picture theater;
D. 
Each residence or business address of the applicant for the three years immediately preceding the date of the application and the inclusive dates of each such address;
E. 
Written proof that the applicant is at least 18 years of age;
F. 
Two photographs of the applicant, at least two inches by two inches, taken within six months immediately preceding the date of the application; one photograph shall be retained by the City Council, and one photograph shall be affixed to the permit;
G. 
The applicant's business, occupation and employment history for the three years immediately preceding the date of application;
H. 
The business license or permit history of the applicant; whether such applicant has ever had any license or permit issued by any agency or board, city, county or state, revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor;
I. 
All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions;
J. 
Corporate and/or Partnership Applicants.
1. 
If the applicant is a corporation, the names of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors and of each stockholder holding more than five percent of the stock in the corporation.
2. 
If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners.
3. 
If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply.
4. 
The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer;
K. 
The name and address of the owner and lessor of the real property upon which or in which the business is to be conducted, and a copy of the lease or rental agreement;
L. 
Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
(1960 code § 2A.4(a); Ord. 2065 § 1(A), 2018)
The City Council shall undertake whatever investigation it may deem necessary into the background of the applicant and the information contained in the application, and may request a written report from the Chief of Police concerning any or all matters stated in the application.
(1960 code § 2A.4(b); Ord. 2065 § 1(A), 2018)
A permit shall be issued to an applicant within a reasonable time after receipt of a completed application pursuant to LMC § 5.08.050, subject to the completion of such investigation as may be required to verify any information contained therein; provided, that:
A. 
The applicant has not knowingly made a material false statement in the application for the permit;
B. 
The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, holders of five percent or more of the corporation's stock, or partners, has not within five years immediately preceding the date of the filing of the application been convicted in a court of competent jurisdiction of any of the following offenses: Sections 266i, 315, 316, 318, or subdivision (b) of Section 647 of the California Penal Code, or any offense which requires registration as a sex offender with the Chief of Police under Penal Code Section 290, or any offense in another state which, if committed in this state, would have been punishable as one or more of the foregoing offenses;
C. 
The applicant is at least 18 years of age;
D. 
The operation of the adult bookstore or adult motion picture theater proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, and fire and safety requirements and standards;
E. 
The location of the adult bookstore or adult motion picture theater proposed by the applicant would not be in violation of any of the provisions of LMC § 5.08.100, § 5.08.110 or § 5.08.120.
(1960 code § 2A.4(d); Ord. 2065 § 1(A), 2018)
No permit issued pursuant to this article shall be assigned or transferred except upon permission of the City Council, after submission of an application by the proposed assignee or transferee, as required by LMC § 5.08.050 through § 5.08.080, payment of a transfer fee of $50.00, completion of a proper investigation, and adoption of a resolution permitting transfer or assignment of the permit. Thirty days after the sale or transfer of any interest in an adult bookstore or adult motion picture theater, any permit previously issued authorizing the operation of either such business shall be null and void.
(1960 code § 2A.7; Ord. 2065 § 1(A), 2018)
A permit issued to any applicant to operate an adult bookstore or an adult motion picture theater shall be displayed in an open and conspicuous public place on the premises.
(1960 code § 2A.5)
A. 
No adult bookstore or adult motion picture theater shall be located on any property, or any portion thereof, which is within 1,000 feet of any property or portion thereof used for any elementary school, junior high school or public playground.
B. 
No adult bookstore or adult motion picture theater shall be located on any property, or any portion thereof, which is within 1,000 feet of any other property or portion thereof on which an adult bookstore or an adult motion picture theater is located and doing business.
C. 
No adult bookstore or adult motion picture theater shall be located on any property, or portion thereof, which is within 1,000 feet of any lot or parcel of property, or portion thereof, which is located in a zone district which designates single-family or multiple-family residential uses as permitted uses.
(1960 code § 2A.6)
A. 
Adult bookstores and adult motion picture theaters shall conduct business, and the premises shall be open to the public, only between the hours of 9:00 a.m. and 12:00 midnight.
B. 
No adult bookstore or adult motion picture theater shall advertise, or display portions of, or posters concerning any of its stock-in-trade (such as books, magazines or motion pictures) in such a way as to render such advertisement or display visible from any public street, thoroughfare, private residence or business premises, if such advertisement or display contains photographs or language depicting or referring to specified sexual activities or specified anatomical areas.
(1960 code § 2A.5)
A. 
Grounds for Initiation of Permit Suspension or Revocation Proceedings. Suspension or revocation proceedings may be initiated by the Chief of Police if, after due investigation, the Chief of Police or the City Manager finds and determines that the permittee, his agent or employee has:
1. 
Permitted any disturbance of the public order or decorum by any noisy, riotous or disorderly conduct on the premises;
2. 
Permitted any lewd, dissolute or intoxicated person to be or remain on the premises;
3. 
Permitted any conduct which would, if prosecuted as a similar offense, constitute a violation of state law prohibiting:
a. 
Sexual crimes including, but not limited to, Penal Code sections 266, 266a, 266c, 266d, 266e, 266f, 266h, or 266i;
b. 
Distribution or exhibition of harmful matter, including, but not limited to Penal Code section 313.1;
c. 
Lewd or obscene conduct including, but not limited to, violations of Penal Code sections 314, 315, 316, 318, 318.5, or 318.6; or
d. 
Disorderly conduct, including, but not limited to, Penal Code section 647, subsections (a), (b), (d), and (f);
4. 
Allowed conduct which would constitute a violation of Health and Safety Code sections 11054 through 11058 to occur on or adjacent to the premises;
5. 
Knowingly permitted any persons under 18 years of age to enter or remain upon the premises;
6. 
Failed to abide by all laws and ordinances now in effect or which may hereafter be duly enacted.
B. 
Permit Suspension or Revocation Proceedings. The Chief of Police may initiate the suspension or permanent revocation of any permit granted pursuant to this article if the Chief of Police determines that such action is necessary in order to prevent any further violations of this chapter or the laws of this state.
1. 
Notice. The Chief of Police shall give written notice of each local or state law violation warranting the initiation of revocation proceedings, which shall be served upon the permittee, in person or by mail, or posted on the premises at the business address listed in the permit.
2. 
Administrative Hearing. At least 10 but not more than 30 days after service of the notice of permit suspension or revocation proceedings, the City Manager shall conduct an administrative hearing.
a. 
Written notice of the time and place of hearing on the matter shall be given by the city clerk to the permittee and to the Chief of Police, and upon receipt of such notice of hearing, the Chief of Police shall forward to the City Manager all notices and reports to the matter.
b. 
Upon the hearing on the matter, the City Manager may take such action or make such order as the City Manager may deem just and proper in the disposition of the matter, including reinstating the permit, suspending the permit for a specified period of time, or permanently revoking the permit. The decision of the City Manager shall be final.
(1960 code § 2A.8; Ord. 1582 § 1, 2000; Ord. 2065 § 1(A), 2018)