Chapter 5.24
ADULT ORIENTED BUSINESSES
Sections:
5.24.040 Filing and fee provisions.
5.24.060 Referral of application to other departments.
5.24.070 Register and permit number of employees.
5.24.080 Display of permit and identification cards.
5.24.090 Employment of persons under the age of eighteen years prohibited.
5.24.100 Services and rate sign.
5.24.120 Employment of persons without permits unlawful.
5.24.130 Time limit for filing application for permit.
5.24.150 Revocation or suspension of adult-related establishment permit.
5.24.170 Sale, transfer or change of location.
5.24.180 Certain conduct in bars prohibited.
5.24.010 Legislative purpose.
The purpose and intent of the city council in enacting this chapter is to protect the health, safety and welfare of the public and of patrons of establishments regulated herein by requiring the licensing and regulation of the establishments, services and persons herein defined. Adult businesses, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, deterioration of neighborhoods, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and the interference with residential property owners’ enjoyment of their property in the vicinity of such business. (Ord. 370 §1(part), 1999)
5.24.020 Definitions.
As used in this chapter: "Adult business" means and includes the following:
1. Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices, other than health-oriented protections, intended for use in the specified sexual activities;
2. A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film, video, or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five percent or more of the gross revenue from, or devotes twenty-five percent or more of the stock on hand or twenty-five percent or more of the gross floor area to such activity, is presumed to be engaging in "substantial or significant" conduct with respect to such activity;
3. Any business wherein the selling of any food or beverage served by employees engaged in partial or total nudity or exposed specified anatomical areas;
4. Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or is shown specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes specified anatomical areas;
5. Any business, which as a substantial or significant portion of its business, provides live or filmed entertainment wherein specified anatomical areas of the human anatomy are exposed.
"Specified anatomical areas" means and includes any of the following, whether actual or simulated:
1. Less than completely and opaquely covered: (a) human genitals or pubic region, (b) buttocks, and (c) female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activities" means and includes any of the following:
1. The fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts; or
2. Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection with, any of the activities set forth above. (Ord. 370 §1(part), 1999)
5.24.030 Permit required.
It is unlawful for any person to engage in, conduct, or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult-related establishment without first having obtained a permit from the city as herein required. (Ord. 370 §1(part), 1999)
5.24.040 Filing and fee provisions.
Every person who proposes to maintain, operate, or conduct an adult-related establishment in the city shall file an application with the city manager upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable. (Ord. 370 §1(part), 1999)
5.24.050 Applications.
A. Every application submitted to the city manager shall include the following information:
1. The type of permit applied for;
2. The name, including all aliases, by which the applicant is or has ever been known;
3. The applicant’s present residence address and residence addresses and dates thereof for the three years immediately preceding the date of the application;
4. Written proof that the applicant is at least eighteen years of age;
5. The applicant’s height, weight, color of eyes and hair;
6. Two portrait photographs of the applicant at least two inches by two inches;
7. The business; occupation, or employment of the applicant for the three years immediately preceding the date of the application;
8. The applicant’s Social Security number and driver’s license, if any;
9. The adult-related establishment or similar business license or permit history of the applicant, including:
a. Whether such person has previously operated in this or another city or state under license or permit,
b. Whether such person has had such license or permit revoked or suspended and the reason therefor,
c. The business activity or occupation of such person subsequent to such action of suspension or revocation;
10. Whether the applicant has ever been convicted of:
a. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code,
b. An offense involving sexual misconduct with children,
c. An offense involving theft of property,
d. An offense as defined in California Penal Code Section 261.5, 262, 243.4, 261, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10,311.11, 313.1, 314, 315, 316, 318, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), 647(d), 647, or 647.6,
e. Any offense requiring registration under the provisions of Section 11590 of the California Health and Safety Code; any felony offense involving the possession, possession for sale, transportation, furnishing, giving away of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11056 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered,
f. Conspiracy to commit or an attempt to commit any of the aforesaid offenses,
g. The equivalent of any of the aforesaid offenses in a jurisdiction outside the state;
11. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed registered, or authorized to engage in prostitution;
12. Whether the applicant, including a corporation or partnership, or former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Section 11225 or any similar provisions of law in a jurisdiction outside the state;
13. The location at which the permittee is to be employed;
14. Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application.
B. Every application for a permit to operate an adult-related establishment shall give the name and address of the owners and/or lessors of the real property upon or in which the business is to be conducted.
C. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation. The corporation shall designate one of its officers to act as the responsible managing officer of the adult-related establishment. Such officer shall complete the application form as an individual applicant under this chapter.
D. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners. The partnership shall designate one of the partners to act as the managing partner of the adult-related establishment. Such a partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
E. Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury, as provided in the California Code of Civil Procedure.
F. The application for a permit does not authorize conducting an adult-related establishment until such permit has been granted. The issuance of a business license pursuant to this code shall not authorize conducting any adult-related establishment until the necessary regulatory permit has been lawfully granted. (Ord. 370 §1(part), 1999)
5.24.060 Referral of application to other departments.
A. All applications for permits for an adult-related establishment shall be referred to the chief building official, the fire chief, the planning director, and the police chief who shall make written recommendations to the city manager concerning compliance with the laws and ordinances that they administer and enforce.
B. The police chief shall require an applicant to have his/her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant. (Ord. 370 §1(part), 1999)
5.24.070 Register and permit number of employees.
Every permittee of an adult-related establishment must maintain a register of all persons employed on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city. (Ord. 370 §1(part), 1999)
5.24.080 Display of permit and identification cards.
Every adult-related establishment shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-related establishment in a conspicuous place so that the same may be readily seen by all persons entering the adult-related establishment. (Ord. 370 §1(part), 1999)
5.24.090 Employment of persons under the age of eighteen years prohibited.
It is unlawful for any permittee, operator, or other person in charge of any adult-related establishment to employ any person who is not at least eighteen years of age. (Ord. 370 §1(part), 1999)
5.24.100 Services and rate sign.
Every permittee of an adult-related establishment shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the adult-related establishment printed in bold letters not less than one inch in height, listing the services available and the rates to be charged therefor. No services shall be performed and no sums shall be charged for such services other than those shown on the sign posted. (Ord. 370 §1(part), 1999)
5.24.110 Inspection sign.
Every permittee of an adult-related establishment shall post a sign in a conspicuous place so that the same may be readily seen by all persons entering the adult-related establishment printed in bold letters not less than one inch in height, with the following thereon:
These premises are subject to inspection without notice by authorized officials of the City of Angels. (Ord. 370 §1(part), 1999)
5.24.120 Employment of persons without permits unlawful.
It is unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-related establishment to employ any person who is not in possession of a valid, unrevoked permit or to allow such a person to work within an adult-related establishment. (Ord. 370 §1(part), 1999)
5.24.130 Time limit for filing application for permit.
All persons who possess an outstanding business license heretofore issued for the operation of an adult-related establishment and all employees thereof must apply for, and obtain, a permit within ninety days of the effective date of this chapter. Failure to do so and continued operation of an adult-related establishment or continued employment of an escort or figure model or other employee of an adult-related establishment without a permit shall constitute a violation of this chapter. (Ord. 370 §1(part), 1999)
5.24.140 Issuance/refusal.
The city manager shall issue all other permits after the application therefor has been reviewed and approved. The city manager may refuse to issue a permit for an adult-related establishment, or for any other applicant or permittee, for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee:
A. That the operator, as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including, but not limited to, ordinances relating to building, health, planning, housing, zoning, fire protection, the general plan, and other applicable laws and regulations;
B. That the applicant or any other person who will be directly engaged in the management and operation of any adult-related establishment has been convicted of the offenses enumerated in Section 5.24.050(A)(10) of this chapter, or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five years prior to the date of application, and the applicant has not had subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in said Section 5.24.050(A)(10);
C. That the applicant or any operator has had a permit for an adult-related establishment denied or revoked for cause by this city within the last five years;
D. That the applicant or operator is not at least eighteen years of age;
E. That applicant has not paid the required fee to the city’s finance department;
F. That the applicant has been licensed or registered in any state as a prostitute;
G. That any of the provisions of this chapter have been violated or that the permittee or any employee is engaged in any conduct at an adult-related establishment which violates any state or local law or ordinances, or that the permittee of an adult-related establishment has actual knowledge of such violation, or where such permittee by the exercise of diligence should have had actual or constructive knowledge of any such violation, or that such permittee or any other person acting on the permittee’s behalf has refused to allow any duly authorized building inspector, police officer or health officer of the city to inspect the premises or the operations therein pursuant to the provisions of this chapter;
H. Any refusal to issue a permit, or the suspension or revocation of a permit under the provisions of this section is appealable to the city council. (Ord. 370 §1(part), 1999)
5.24.150 Revocation or suspension, of adult-related establishment permit.
A. Any permit issued for an adult-related establishment may be revoked or suspended by the city manager, after a hearing, in any case where any of the provisions of this chapter are violated, when the permit-tee, operator, or any employee of the permittee or operator, has engaged in conduct which violates any state law or city ordinances of the adult-related establishment and the operator or permittee knew, or, with the exercise of reasonable diligence, should have known of such violations at the time they occurred, or in any case where the operator refuses to permit any duly authorized city police officer or health inspector of the city to inspect the premises or the operations therein during the hours such premises are open for business.
B. The, city manager shall hold a public hearing prior to the revocation or suspension of any permit under subsection A of this section. The permittee shall be given at least ten days’ notice in writing of such hearing, which notice shall contain a brief statement of the grounds to be relied upon for suspending or revoking the permit.
C. The decision of the city manager shall be in writing and shall be mailed postage prepaid to the permittee. (Ord. 370 §1(part), 1999)
5.24.160 Term of permit.
Permits issued under the provisions of Section 5.24.140 of this chapter shall be valid for a period of one year from the date of issuance and shall be renewable annually.
A. An application for the renewal of an adult-related establishment shall be accompanied by a filing fee established by resolution adopted by the city council from time to time, which shall not be refundable, and shall contain the same information as in subsection A of Section 5.24.050, excluding therefrom subsections (A)(4), (7), (8) and (9).
B. All applications for renewal shall be referred to the police chief, who may require an applicant to have his/her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant. (Ord. 370 §1(part), 1999)
5.24.170 Sale, transfer or change of location.
Upon the sale, transfer, or relocation of an adult-related establishment the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, an adult-related establishment may continue to do business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his/her business under any designation or at any location not specified in the permit. (Ord. 370 §1(part), 1999)
5.24.180 Certain conduct in bars prohibited.
The city council finds that barroom nudity is a direct cause of increased demand for police services in and about such establishments, and finds further that the activities commonly engaged in by both employees and patrons of such establishments are inimical to the public welfare in that nudity in such establishments has been demonstrated to increase the occurrence of illegal activity in and occurring around such establishments. Accordingly, the following acts or conduct on the premises of any bar are deemed contrary to the public interest and welfare and the best interests of the community, and therefore:
A. No bar owner or operator or an employee thereof shall permit any person on the premises to display or expose his/her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof.
B. No bar owner or operator or employee thereof shall permit any person on the premises to perform specified sexual activities as defined in Section 5.24.020 of this chapter.
Any bar owner, operator or employee thereof who permits any of the above while alcoholic beverages are being sold, or in the presence of anyone who has consumed any alcoholic beverages on the premises at any time during the four hours immediately preceding the act or display referred to above shall be guilty of a misdemeanor.
Any person who exposes his/her genitals, pubic hair, buttocks, anal region, or any portion of the female breast at or below the areola thereof on the premises, while alcoholic beverages are being sold, or on the premises, and in the presence of anyone who has consumed any alcoholic beverages on such premises at any time during the four hours immediately preceding such display or exposure shall be guilty of a misdemeanor. (Ord. 370 §1(part), 1999)
5.24.190 Exceptions.
This chapter shall not apply to a bona fide nonprofit organization, as defined herein, the facilities thereof, and all persons who provide entertainment in said facilities under the auspices and control of said organization. (Ord. 370 §1(part), 1999)
5.24.200 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council declares that it would have passed this section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid. (Ord. 370 §1(part), 1999)