Chapter 17.160
ADULT BUSINESS REGULATIONS
Sections:
17.160.010 Purpose and intent.
17.160.030 Criteria for the establishment of Adult Business Overlay Districts.
17.160.040 Restriction to Adult Business Overlay District.
17.160.050 Statements and records.
17.160.060 Conditional use permit required.
17.160.070 Time limits for action on conditional use permit.
17.160.080 Sale/serving of alcohol and intoxicated persons.
17.160.090 Suspension and revocation of a conditional use permit.
17.160.100 Adult business license required.
17.160.110 Application for adult business license.
17.160.130 Decision by Director of Community Development on application for license.
17.160.140 Grant of application for license.
17.160.150 Denial of application of license.
17.160.170 Expiration of license.
17.160.180 Revocation of license.
17.160.190 Hearing on revocation of license.
17.160.200 Regulations nonexclusive.
17.160.210 Violations – Penalties.
17.160.230 Conflicting ordinances repealed.
17.160.010 Purpose and intent.
A. The purpose and intent of this chapter is to regulate adult-oriented businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their property when such property is located in the vicinity of adult businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of adult businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the adult businesses.
B. It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of adult businesses to their intended market.
C. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.002].
17.160.020 Definitions.
The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.
“Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, 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” or “adult video store” means an establishment which has as a regular and substantial portion of its stock-in-trade business, or advertising to the sale, rental or viewing for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations of “adult material” which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
“Adult business” means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, or adult video store, adult theater, adult motion picture theater, adult cabaret, adult motel/hotel, adult arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities, the regulation of which is preempted by State law. “Adult business” shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie and/or intimate apparel or conduct work exposing specified anatomical areas, as defined.
“Adult cabaret” means a nightclub, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, 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 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, 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; and/or (2) rents, leases, 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 where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is 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 characterized by the exposure of specified anatomical areas or by specified sexual activities.
1. Establishment. Establishment of an adult business includes any of the following:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined herein;
c. The addition of any of the adult businesses defined herein to any other existing adult business; or
d. The relocation of any such adult business.
“Gross receipts” mean and include the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, adult material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Owner,” “permit holder” or “permittee,” for purposes of this chapter, shall mean any of the following: (1) the sole proprietor of an adult business; or (2) any general partner of a partnership which owns and operates an adult business; or (3) the owner of a controlling interest in a corporation which owns and operates an adult business; or (4) the person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.
“Person” means and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s).
“Regular and substantial course of conduct” and “regular and substantial portion of its business” means any adult business where one or more of the following conditions exist:
1. The area(s) devoted to the display of adult material exceeds 15 percent of the total display area of the business; or
2. The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie on any four or more separate days within any 30-day period; or
3. At least 25 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
“Religious institution” means a structure which is used primarily for religious worship and related religious activities.
“School” means any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, 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.
“Sensitive land uses” means those uses which are likely to be the most impacted by the proximity to an adult business. Typically such uses include residential zones, parks and playgrounds, churches, schools, day care centers, and other places frequented by minors.
“Specified anatomical areas” means and includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
“Specified sexual activities” means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of or in connection with any of the activities described in subsections (1) through (3) of this definition; or
5. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models or employees dressed only in lingerie and/or intimate apparel to the point where specified anatomical areas are exposed.
“Substantial enlargement” means the increase in floor area occupied by the business, by more than 10 percent as the floor area exists on the effective date of the ordinance codified in this chapter.
“Transfer of ownership or control of an adult business” means and includes any of the following:
1. The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.004].
17.160.030 Criteria for the establishment of Adult Business Overlay Districts.
The criteria for the establishment of Adult Business (AB) Overlay Districts was based on legal and historical trends. Historically, communities may select one of the following three regulatory approaches: concentrated, dispersed, or combined. The concentrated approach involves creating a special zone district which places all adult businesses in one area in the City. A dispersed approach allows communities to distribute adult businesses throughout the community through a separation requirement. The combined approach requires adult uses to locate only within certain zoning districts (C-M, M-1, M-2) and requires a minimum distance between adult businesses as well as minimum distances between adult businesses and other sensitive uses, as defined herein. In the establishment of this AB overlay district, the City has utilized a combined approach. Parcels of land with a General Plan land use designation of Freeway Business, L.I. Limited Industrial and B.P. Business Park which are consistent with C-M Commercial Manufacturing, M-1 Limited Manufacturing, and M-2 General Manufacturing zoning districts were taken into consideration. All parcels within a 500-foot radius of any residential districts were excluded. Also, all above parcels within a 1,000-foot radius of major entry point to the City along the I-15 corridor were excluded. The remaining parcels as shown in Exhibit “A” were selected as overlay districts in which an adult business can be located, provided the provisions of LEMC 17.160.040 and 17.160.060 are complied with.1 [Ord. 1012 § 2, 1996. Code 1987 § 17.70.006].
17.160.040 Restriction to Adult Business Overlay District.
There is hereby created a classification known as the Adult Business (AB) Overlay District (per LEMC 17.160.030). The map identifying the Adult Business (AB) Overlay District is attached hereto and incorporated herein by reference as Exhibit “A.”1 The regulations set forth in this chapter shall apply in all zones or areas of the City in addition to other applicable regulations set forth in this code; provided, however, that if any of the regulations specified in this chapter differ from any of the corresponding regulations specified in this title, or other ordinances pertaining to planning and zoning, for any zone or area which is combined in the AB overlay district, then in such case the provisions of this chapter shall govern. Subject to the foregoing, adult businesses shall be permitted in all areas designated as being located in the AB overlay district, provided:
A. No adult business shall be permitted in any area of an AB overlay district if the underlying parcel wherein such adult business is proposed is within 1,000 feet of another adult business.
B. Each adult business must, prior to commencement or continuation of such business, first apply for and receive from the Planning Commission a conditional use permit.
C. Each adult business must, prior to commencement or continuation of such business, first apply for and receive an adult business license.
D. Each adult business must comply with all applicable regulations specified in this chapter.
E. Each adult business must comply with all applicable regulations of other zoning use designations with which the AB overlay district is combined. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.008].
17.160.050 Statements and records.
Person(s) required to obtain an adult business license pursuant to the provisions of this chapter for any business establishment which provides products, adult material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in LEMC 17.160.020, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, adult material, services or entertainment which are 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.
No person required to keep records under this section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places.
This section shall not be applicable to a business establishment for which such transactions constitute less than 25 percent of the gross receipts of the business. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.010].
17.160.060 Conditional use permit required.
It shall be unlawful for any person to operate, engage in, conduct or carry on any adult business within the City of Lake Elsinore unless the person of the adult business first obtains, and continues to maintain in full force and effect, an adult business license pursuant to LEMC 17.160.100, and a conditional use permit. In addition to the base zoning requirements governing conditional use permits generally, the following additional requirements shall be satisfied by adult businesses. Such additional requirements shall be included in any approved conditional use permit:
A. Adult businesses may not be located within the distance as specified below of the following sensitive uses:
1. Five hundred feet of the boundary of any residential district or 500 feet of any residential use;
2. One thousand feet of any parcel of real property upon which is located any of the following facilities:
a. A school primarily attended by minors (preschool, K – 12);
b. A church, including churches which conduct religious or educational classes for minors;
c. A public park, playground, neighborhood center, community center, day care center or recreational facility (e.g., arcade, etc.) frequented by minors;
d. An adult business.
All measurements set forth above shall be made in a straight line without regard to intervening structures or objects from the nearest point on the property line of an adult business to the nearest point on the property line of the sensitive land use as stated above.
B. Maximum occupancy loads, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Riverside County Fire Department and building regulations and standards adopted by the City of Lake Elsinore.
C. No adult business shall be operated in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
D. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans.
E. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Lake Elsinore.
F. The building entrance to an adult business shall be clearly and legibly posted.
G. The adult business shall not be located, in whole or in part, within any portable structure.
H. The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.
I. The adult business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises.
J. Any adult business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements:
1. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter, and notifying the Riverside County Sheriff’s Department and City Code Enforcement Department of any violations of law observed. Any security guard required by this subsection shall be uniformed in such 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 and/or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.
2. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
3. The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the City.
4. The premises within which the adult 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.
5. 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.
6. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
K. All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view at all times.
L. Except as specifically provided in this chapter, the adult business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located.
M. No adult material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the adult business.
N. No person under the age of 18 years shall be permitted within the premises at any time.
O. 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 any adult material. 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 be applicable to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
P. Except as otherwise required by law for adult motion picture theaters, and except as provided in subsection (S) of this section with regard to adult arcades, and subsection (T) of this section with regard to adult businesses providing live entertainment, all areas of the adult business accessible to patrons shall be illuminated at least to the extent of 20 foot-candles, minimally maintained and evenly distributed at ground level.
Q. All on-site signage shall conform to the relevant provisions of the Lake Elsinore Municipal Code regarding signs. All adult materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property.
R. No adult business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m.
S. The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):
1. Upon application for a conditional use permit for an adult arcade, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the adult business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade to an accuracy of plus or minus six inches.
2. The application shall be sworn to be true and correct by the owner under penalty of perjury.
3. No alteration in the configuration or location of a manager’s station(s) may be made without the prior approval of the Planning Commission.
4. It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the adult arcade.
5. The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult arcade to which any patron is permitted access for any purpose excluding restrooms. If the adult arcade has two or more manager’s stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
6. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the adult arcade to ensure that the individual viewing area specified in subsection (S)(7) of this section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (S)(1) of this section.
7. No individual viewing area may be occupied by more than one person at any one time. “Individual viewing area” shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.
8. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager’s station and visible to such manager’s station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subsection shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.
9. The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material.
10. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the adult arcade to ensure that the illumination described above is maintained at all times that any patron is present on the adult arcade.
T. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
1. No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. “Entertainer” shall mean any person who is an employee or independent contractor of the adult business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
2. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers’ use.
3. The adult business shall provide an entrance/exit to the adult arcade for entertainers which is separate from the entrance/exit used by patrons.
4. The adult 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 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.
5. 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.
6. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
7. The adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than 20 foot-candles as measured at the floor level.
The foregoing applicable requirements of this section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the conditional use permit and the adult business license issued pursuant to this chapter. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.012].
17.160.070 Time limits for action on conditional use permit.
An application for a conditional use permit shall be approved or denied by the Planning Commission within 45 days of its acceptance as complete by the Community Development Department. The Planning Commission, or City Council on appeal, shall approve an application for a conditional use permit for an adult business upon findings that the applicant has met all the applicable requirements and performance standards of this chapter. Any proceeding to appeal such decision to the City Council shall be filed in writing with the City Clerk within 15 calendar days from the date of the decision pursuant to the provisions of LEMC 17.410.100. The City Council shall consider the appeal at a regular meeting within 30 calendar days following the receipt by the Clerk of the appeal, or within such time as the Council shall continue the matter. [Ord. 1194 § 3, 2006; Ord. 1012 § 2, 1996. Code 1987 § 17.70.014].
17.160.080 Sale/serving of alcohol and intoxicated persons.
A. It is unlawful to sell, serve or permit the consumption of alcohol in a structure occupied by an adult business.
B. It is unlawful for any person under the age of 18 years or any obviously intoxicated person to enter or remain on the premises of an adult business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business.
C. It is unlawful for any person having responsibility for the operation of an adult business to allow any person under the age of 18 years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of an adult business has knowledge that the person is under the age of 18 years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this section, the licensee of an adult business license, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.016].
17.160.090 Suspension and revocation of a conditional use permit.
The Planning Commission may suspend or revoke any conditional use permit if it is found that any of the following conditions exist in addition to the criteria set forth in this chapter:
A. The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City’s building, health, zoning and fire ordinances, the requirements of this chapter, and the conditions of approval of the conditional use permit;
B. The approved use has been substantially enlarged without City approval; that the approved use has been partially or wholly convened to another adult business without City approval; that the conditional use permit has not been utilized within six months of its issuance; or
C. The adult business license has been suspended or revoked. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.018].
17.160.100 Adult business license required.
An applicant for the operation of an adult business must obtain an adult business license in addition to a conditional use permit. No adult business license shall be sold, transferred, or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. An adult business license held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the license null and void. An adult business license shall be valid only for the exact location specified in the license. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.020].
17.160.110 Application for adult business license.
Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Community Development Department. Such application shall contain:
A. The name and permanent address of applicant;
B. The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than 25 percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners;
C. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment;
D. Hours of operation;
E. A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building;
F. The name or names of the person or persons having the management or supervision of applicant’s business and of any entertainment;
G. A statement of the nature and character of applicant’s business, if any, to be carried on in conjunction with such entertainment;
H. For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application;
I. Whether the applicant or any of the other individuals pursuant to this section has had a previous permit under this chapter or other similar ordinances from another City or County denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this section whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
J. Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses for an adult business from another City or County, and if so the names and locations of such other permitted businesses; and
K. If a person who wishes to operate an adult business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate an adult business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of an adult business or as the entity which wishes to operate such a business, each individual having a 10 percent or greater interest in the corporation must sign the application for a permit as applicant.
All applications for a license or renewal shall be filed with the Community Development Department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such application.
Applicants for a license under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Director of Community Development or his/her designee, shall be grounds for revocation of a license. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.022].
17.160.120 Investigation.
Upon receipt of an application properly filed with the Community Development Department and upon payment of the nonrefundable application fee or deposit as specified in the fee schedule, the Community Development Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Sheriff’s Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed adult business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within 25 days of receipt of the application by the Community Development Department. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor.
A department or agency shall disapprove an application if it finds that the proposed adult business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Community Development Department. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.024].
17.160.130 Decision by Director of Community Development on application for license.
The Director of Community Development or designee (hereinafter “Director”) shall grant or deny an application for a license within 45 days from the date of its proper filing. Upon the expiration of the forty-fifth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the license is sought, unless and until the Director notifies the applicant of a denial of the application and states the reason(s) for that denial. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.026].
17.160.140 Grant of application for license.
A. The Director shall grant the application unless one or more of the reasons set forth in LEMC 17.160.150, Denial of application of license, is present.
B. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult business. The license shall also indicate that the adult business whether permitted or not may be subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater, Inc., Ill S.Ct. 2456, 115 L.Ed. 2d 504 (June 21, 1991) and any applicable California statutes or City regulations or ordinances consistent therewith. The permit shall be posted in a conspicuous place at or near the entrance to the adult business so that it can be easily read at any time. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.028].
17.160.150 Denial of application of license.
The Director shall deny the application for any of the following reasons:
A. That the building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire building and safety laws of the State of California and of the City of Lake Elsinore;
B. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Sheriff’s Department, Sheriff or other department of the City;
C. That the applicant has had any type of adult business license revoked by any public entity within two years of the date of the application;
D. The applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647;
E. That on the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open;
F. That a conditional use permit has been denied for the proposed use;
G. That an applicant is under 18 years of age;
H. That an applicant, manager, or any agent or employee of the applicant 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 business or any sex-related crime prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the applicant; or
I. The required application fees have not been paid.
If the Director denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial.
If a person applies for a license for a particular location within a period of 12 months from the date of denial of a previous application for a license at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.030].
17.160.160 Inspection.
An applicant or licensee shall permit representatives of the Sheriff’s Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or opened for business. A person who operates an adult 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 opened for business. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.032].
17.160.170 Expiration of license.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in LEMC 17.160.100 (for renewals, filing of original survey shall be sufficient). Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license shall not be affected.
When the Director denies renewal of the license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Director finds that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least 90 days have elapsed since the data denial became final. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.034].
17.160.180 Revocation of license.
After an investigation, notice and hearing, the Director shall revoke an existing adult business license, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist:
A. The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire building and safety laws of the State of California, or of the ordinances of the City of Lake Elsinore;
B. The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Sheriff or other departments of the City;
C. The licensee has had any type of adult business license revoked by any public entity within three years of the date the license was issued;
D. There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating;
E. The licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
F. If, on one or more occasions within a 12-month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (E) of this section, which offense has occurred as a result of or has originated from such persons’ activity on the premises or property on which the adult business is located, and the person or persons were employees, contractors or agents of the adult business at the time the offenses were committed;
G. If the licensee or any employee of the licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises;
H. The adult business has been operated in violation of any of the requirements of this chapter and (1) if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the licensee, or (2) if the violation is of a noncontinuous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to licensee) within any 12-month period;
I. That the subject adult business has employed minors;
J. That the conditional use permit for the use has been suspended or revoked. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.036].
17.160.190 Hearing on revocation of license.
Upon determining that grounds for license revocation exist, the Director shall furnish written notice of the proposed revocation to the licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the licensee may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the adult business and by sending the notice by certified mail, postage prepaid, addressed to the licensee as that name and address appear on the license. Within 15 calendar days after the later of the mailing or posting of the notice, the licensee may file a request for hearing with the Director. If the request for a hearing is filed within 15 calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided.
Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission shall conduct a hearing within 45 calendar days of the filing of such request by the licensee. Notice of time and place of the hearing shall be given to the licensee by personal service or via certified mail, postage prepaid, at least 15 calendar days in advance of the date set for the public hearing. At the hearing, the licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director regarding whether the license is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in LEMC 17.160.180, the Director, based upon the report of the Planning Commission or, if no hearing was requested by the licensee, based upon the report of the City staff, shall immediately revoke the adult business license. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within 15 calendar days following the date of mailing of such decision pursuant to the provisions of LEMC 17.410.100. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in LEMC 17.160.070. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive.
No application for an adult business license shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which an adult business license has been revoked within the preceding three-year period. [Ord. 1194 § 4, 2006; Ord. 1012 § 2, 1996. Code 1987 § 17.70.038].
17.160.200 Regulations nonexclusive.
The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult businesses as adopted by the City Council of the City of Lake Elsinore. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.040].
17.160.210 Violations – Penalties.
Any firm, corporation or 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. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.042].
17.160.220 Public nuisance.
In addition to the penalties set forth at LEMC 17.160.210, any adult business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.044].
17.160.230 Conflicting ordinances repealed.
All ordinances or parts of ordinances, or regulations in conflict with the provisions of this chapter are hereby repealed. [Ord. 1012 § 2, 1996. Code 1987 § 17.70.046].
Exhibit “A” is on file with the Community Development Department and the City Clerk’s office.