Chapter 5.08
PEEP SHOW ESTABLISHMENTS
5.08.040 Application for permit.
5.08.070 Maximum number of devices.
5.08.080 Denial, suspension or revocation of permit.
5.08.110 Permit affixed to device.
5.08.120 Facilities and operations requirements.
5.08.130 Maximum occupancy load.
5.08.140 Maximum number of devices.
5.08.150 Free access to city officials.
5.08.160 Violations and penalties.
5.08.010 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly regulation of peep show establishments, as defined in this chapter, in the interests of public health, safety and welfare by providing certain minimum building, sanitation, fire and operation standards. (Ord. 919 § 1 (part), 1980).
5.08.020 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter set forth shall have the meanings given them in this section:
(1) "Peep show establishment" means any place in which a peep show device is operated.
(2) "Peep show device" means any electrical or mechanical device in which filmed or electronically recorded images are internally projected or reproduced which may be viewed through an opening on the outside of such device.
(3) "Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals. (Ord. 919 § 1 (part), 1980).
5.08.030 Permit required.
No person shall operate, maintain, manage or conduct a peep show establishment without a written permit issued by the police chief in conformity with the provisions of this chapter. (Ord. 919 § 1 (part), 1980).
5.08.040 Application for permit.
(a) Each person intending to operate a peep show establishment within the city shall make application for a peep show establishment permit on a form to be provided by the police chief. Said application shall contain the following information:
(1) The name of the applicant, his mailing address and the address of the proposed peep show establishment;
(2) The number of peep show devices intended to be maintained at such establishment;
(3) The name of the person, if other than the applicant, who will act as the manager of the peep show establishment as required by Section 5.08.100.
(b) The application shall be accompanied by a fee of fifteen dollars for each peep show device to be operated or maintained within the establishment. Said fee shall be made payable to the city and shall not be refunded upon failure to receive a permit to operate a peep show establishment. (Ord. 919 § 1 (part), 1980).
5.08.050 Issuance of permit.
(a) After an investigation, the police chief shall issue a permit if he finds that:
(1) The business for which a permit is requested will be carried on in a building, structure and location which complies with the requirements and meets the standards of the health, zoning, fire and safety laws of the state of California and the ordinances of the city and all provisions of this chapter;
(2) The applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not 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 in connection with the application;
(3) The applicant has not had a license to operate a peep show establishment revoked by the police chief within two years of the date of the application;
(4) On the date that the business for which a permit is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is opened.
(b) The decision of the police chief regarding the permit application shall be made within thirty days of the date of filing of the application. Any permit issued hereunder shall be for a specified number of peep show devices as set forth in the application or such lesser number as the police chief shall reasonably find is the maximum number which may be kept or maintained at the said establishment in compliance with the provisions of this chapter. (Ord. 919 § 1 (part), 1980).
5.08.060 Term of permit.
Each permit issued hereunder shall be for a term of twelve months from the date of issuance and shall not be transferable to any other person or premises.
Each such permit shall show the date of expiration and shall state the maximum number of peep show devices which may be maintained at such premises. No renewal of any peep show establishment permit shall be issued except pursuant to the filing of an application, payment of the appropriate fee and an investigation by the police chief pursuant to the requirements of this chapter, as in the case of an original permit. (Ord. 919 § 1 (part), 1980).
5.08.070 Maximum number of devices.
No person shall operate or maintain any peep show establishment with more peep show devices than the number permitted by the peep show establishment permit issued by the police chief hereunder. (Ord. 919 § 1 (part), 1980).
5.08.080 Denial, suspension or revocation of permit.
The police chief may deny, revoke or suspend any peep show establishment permit if any condition at said establishment shall be found to violate any requirement of law (including, without limitation, the provisions of this chapter), or any official representative of the city, after a reasonable request therefor, is denied the right to inspect the premises by the operator or the manager of any peep show establishment. In addition to any other ground upon which a permit contained hereunder may be revoked, such a permit may be revoked if criminal acts or solicitation of criminal acts occurs on a regular basis within such peep show establishment. Such denial, revocation or suspension shall be effective upon mailing notice of such action to the applicant or holder of the permit at the address shown on his application or at such other address furnished by the applicant or holder of the permit or by personal service of the notice upon the applicant, holder of the permit or the manager of the establishment. (Ord. 919 § 1 (part), 1980).
5.08.090 Appeal.
Within ten days after the service of notice of denial, suspension or revocation of a permit, the applicant or permittee may file with the city clerk a written request for a public hearing before the city council. Upon the filing of such a request, the city clerk shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be held within thirty days after the request is filed. At the hearing, any person may present evidence in opposition to, or in support of, appellant’s case. At the conclusion of the hearing, the city council shall either grant or deny the appeal and the decision of the city council shall be final. (Ord. 919 § 1 (part), 1980).
5.08.100 Manager required.
There shall be a responsible person on the premises of each peep show establishment to act as manager at all times during which the business is open. (Ord. 919 § 1 (part), 1980).
5.08.110 Permit affixed to device.
No person shall operate a peep show device unless each such device is plainly marked with a serial number and shall have attached thereto a distinguishing tag, sign, permit or other marker, issued by the police chief upon the granting or renewal of a permit, which shall bear a permit number identifying the peep show device as a particular device permitted pursuant to the terms of this code. Such permit shall be affixed in a conspicuous location on each device and shall remain attached thereto until a new or different permit has been issued therefor. No permit shall be transferable from one person to another or from one device to another. (Ord. 919 § 1 (part), 1980).
5.08.120 Facilities and operations requirements.
All peep show establishments shall comply with the following facilities and operations requirements:
(1) Each peep show establishment must remain closed between the hours of two a.m. and nine a.m. and all customers, patrons and visitors must be excluded therefrom between those hours.
(2) No person under the age of eighteen years of age shall be permitted to enter or remain in a peep show establishment unless such person is accompanied by such person’s parent or guardian.
(3) Each wall or partition which is situated so as to create a room, enclosure or booth in which any peep show device is located shall be constructed of not less than one hour fire-resistive material.
(4) The width of any aisle in any room where a peep show device is located shall be at least forty-two inches.
(5) There shall be no fewer than two doorways of a width no less than thirty-six inches which provide ingress and egress from any room in which a peep show device is located; provided, however that one doorway shall be sufficient in the event the fire chief should so determine. The doorway or doorways shall be unlocked during business hours and shall swing in the direction of egress and shall not be provided with any latch or lock other than panic hardware.
(6) Every doorway which provides egress from any room in which a peep show device is located shall have an internally illuminated exit sign with letters at least five inches in height.
(7) Each peep show device located in such establishment shall be situated so as to permit the person using the peep show device to have a constantly unobstructed view of the doorway or doorways which provide ingress to or egress from the establishment.
(8) A light level of no less than ten foot-candles at floor level shall be maintained in every portion of any peep show establishment to which the public is admitted.
(9) All peep show establishments shall at all times be kept clean and in a sanitary condition.
No person shall operate a peep show establishment unless such establishment complies with all of the foregoing requirements and any person operating such an establishment in violation of this section shall have his permit revoked. (Ord. 919 § 1 (part), 1980).
5.08.130 Maximum occupancy load.
No person shall operate a peep show establishment in which the number of persons in any room or partitioned portion of a room where a peep show device is located exceeds one person per twenty square feet.
The maximum occupancy load permitted in any room or partitioned portion of a room in which a peep show device is located can be conspicuously posted by the operator, and shall remain posted, at the entrance to said room or partitioned portion to such room. (Ord. 919 § 1 (part), 1980).
5.08.140 Maximum number of devices.
No person shall operate a peep show establishment in which the number of peep show devices in any room or partitioned portion of a room in which a peep show device is located exceeds one peep show device per twenty square feet. The maximum number of peep show devices permitted in any room or partitioned portion of a room in a peep show establishment shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room or partitioned portion of a room. (Ord. 919 § 1 (part), 1980).
5.08.150 Free access to city officials.
No person shall deny the police chief or any other city official free access to a peep show establishment for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations. (Ord. 919 § 1 (part), 1980).
5.08.160 Violations and penalties.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of two hundred fifty dollars. (Ord. 1160 § 4, 1993: Ord. 919 § 1 (part), 1980).
5.08.170 Injunctive relief.
In addition to the legal remedies provided for in this code, the operation of any peep show establishment in violation of the terms of this chapter is deemed a public nuisance and may be abated or enjoined by the city. (Ord. 919 § 1 (part), 1980).
5.08.180 Operative dates.
Any person engaging in, conducting or carrying on the operation of a peep show establishment on the effective date of this chapter shall immediately apply for a permit under the provisions of this chapter. Such person shall terminate the operation of a peep show establishment if a permit has not been issued within thirty days after the effective date of the ordinance codified in this chapter. Any person engaging in, conducting or carrying on the operation of a peep show establishment on the effective date of the ordinance codified in this chapter shall comply with Sections 5.08.120, 5.08.130, and 5.08.140 within one hundred and twenty days of the effective date of the ordinance codified in this chapter. (Ord. 919 § 1 (part), 1980).