Chapter 18.210


18.210.010    Purpose and intent.

18.210.020    Applicability.

18.210.030    Separation requirements.

18.210.040    Operational requirements.

18.210.050    Use permit requirements.

18.210.060    Application review.

18.210.070    Findings for denial.

18.210.080    Inspection of premises.

18.210.090    Suspension of permit.

18.210.100    Revocation of permit.

18.210.110    Appeals – Judicial review.

18.210.120    Transfer of use permit.

18.210.130    Expiration of use permit.

18.210.140    Penalties.

18.210.150    Discontinuance of nonconforming activities.

18.210.160    Annual fee.

18.210.010 Purpose and intent.

It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety, and general welfare of the community, to establish reasonable and uniform requirements to prevent any harmful location and concentration of adult-oriented businesses within the city, and to minimize or eliminate adverse secondary effects from such businesses. The intent of this chapter is not to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Nor is it the intent to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market. This chapter neither condones nor legitimizes the distribution of obscene material or materials harmful to minors. [Ord. 12-4. DC 2012 § 122-726].

18.210.020 Applicability.

This chapter applies to adult-oriented businesses as defined in Chapter 18.20 CDC (General Terms). This chapter does not apply to a person or persons appearing in a state of nudity in an art class that is part of the regular educational program of a public or private junior college, college, or university. [Ord. 12-4. DC 2012 § 122-727].

18.210.030 Separation requirements.

A. Minimum Separation.

1. One thousand feet from any residential district or use.

2. One thousand feet from community centers, cultural institutions, child day care centers, libraries, public or private park and recreation facilities, public and private schools, and religious facilities.

3. Five hundred feet between two adult-oriented businesses.

B. The separations in CDC 18.210.030(A) shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the premises where the adult entertainment business is conducted to the nearest property line of such other use or zoning boundary.

C. If an adult-oriented business is separated from a use listed in CDC 18.210.030(A) by a freeway or waterway, and there is no path of travel between the two uses, the minimum separations are not applicable. [Ord. 12-4. DC 2012 § 122-728].

18.210.040 Operational requirements.

A. Hours of operation may be between 9:00 a.m. and 1:00 a.m. Monday through Saturday.

B. Displays or exhibits of photographs or illustrations of “specified sexual activities” or poses which emphasize “specified anatomical areas” that can be viewed from persons outside the building in which said material is placed are prohibited.

C. Admittance of persons under 18 years of age is prohibited unless accompanied by a parent or guardian. [Ord. 12-4. DC 2012 § 122-729].

18.210.050 Use permit requirements.

A. Any person desiring to operate or establish an adult-oriented business shall file an application and fees for a use permit in accordance with the procedures contained in Chapter 18.435 CDC (Minor Use Permits and Use Permits).

B. The application shall be signed by the property owner and lessee. If the application is signed by a lessee, a notarized statement signed by the property owner shall accompany the application. [Ord. 12-4. DC 2012 § 122-730].

18.210.060 Application review.

A. All use permit applications for adult-oriented businesses shall be referred to the police department for review and investigation.

B. Upon receipt of a completed application, the planning division shall consult with the building, police, fire, and health departments and arrange for an inspection of the premises.

C. After the investigation has been completed, the planning division shall schedule a public hearing with the planning commission pursuant to Chapter 18.500 CDC (Public Hearings).

D. The planning commission shall grant, conditionally grant, or deny the use permit. Any conditions imposed upon the use permit shall be in keeping with the applicable development standards of the Concord Municipal Code and the underlying zoning district in which the property is located. [Ord. 12-4. DC 2012 § 122-731].

18.210.070 Findings for denial.

A. The decision-making body shall deny the use permit for any of the following reasons:

1. The applicant is under 18 years of age.

2. The applicant or spouse is overdue on payment to the city of taxes, fees, fines, or penalties assessed against him or her, or imposed upon him or her in relation to an adult-oriented business.

3. The applicant is residing with a person who has been denied a use permit by the city to operate an adult-oriented business in the preceding 12 months or residing with a person whose use permit to operate an adult-oriented business has been revoked in the preceding 12 months.

4. The applicant has failed to provide information required by this chapter or the use permit application checklist or has falsely answered a question or request for information on the application.

5. The premises to be used for the adult-oriented business do not comply with health, fire, and building codes as determined by the agency responsible under the law for determining said compliance.

6. The proposed business is in violation of, or does not comply with, any of the provisions of this chapter, including but not limited to the separation requirements.

7. The granting of the use permit would violate a statute, ordinance, or court order.

8. The applicant has a use permit under this chapter which has been suspended or revoked.

9. The applicant has been convicted of a “specified criminal act” for which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a misdemeanor offense for the “specified criminal act.”

b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a felony offense for the “specified criminal act.”

c. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are for two or more misdemeanors for the “specified criminal acts” occurring within any 24-month period.

d. The fact that conviction is being appealed shall have no effect on disqualification of the applicant.

B. No new use permit application shall be filed for a particular location within a period of 12 months from the date of denial of a previous application at the same location, unless there has been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial. [Ord. 12-4. DC 2012 § 122-732].

18.210.080 Inspection of premises.

A. An applicant or permittee shall allow representatives of the city, county health department, and the fire district to inspect the premises of an adult-oriented business to ensure compliance with the law at any time it is occupied or open for business.

B. Regardless of whether a permit has been issued for such business, it shall be unlawful for the business owner or his agent or employee to refuse such inspection of the premises at any time that it is occupied or open for business. [Ord. 12-4. DC 2012 § 122-733].

18.210.090 Suspension of permit.

A. The city manager, or designee, shall suspend a use permit for a period not to exceed 30 days if it is determined that a business owner, his agent, or employee has done any of the following:

1. Violated or did not comply with any requirements of this chapter.

2. Refused to allow an inspection of the premises as authorized by CDC 18.210.080(B).

3. Knowingly permitted gambling by any person on the premises.

4. Operated the adult-oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, as determined based on an investigation by the division, department, or agency charged with enforcement. In the event of such violation, the city or its designee shall promptly notify the permittee of the violation and allow the permittee seven days to correct the violation. If the permittee fails to correct the violation at the end of seven days, the city manager, or designee, shall suspend the use permit.

5. Engaged in permit transfer contrary to CDC 18.210.120.

B. The suspension shall remain in effect until the violation of the statute, code, ordinance, or regulation in question has been corrected as verified by the division, department, or agency charged with enforcement. [Ord. 12-4. DC 2012 § 122-734].

18.210.100 Revocation of permit.

A. The planning commission shall revoke a use permit if a cause of suspension in CDC 18.210.090 occurs and the use permit has been suspended within the preceding 12 months.

B. The planning commission shall revoke a use permit upon determining that:

1. A permittee gave false or misleading information in the material submitted during the application process that was used as a basis for the approval of the use permit; or

2. A permittee or an employee knowingly allowed possession, use, or sale of controlled substances on the premises; or

3. A permittee or an employee knowingly allowed prostitution on the premises; or

4. A permittee or an employee knowingly operated the adult-oriented business during a period of time when the use permit was suspended; or

5. A permittee has been convicted of a “specified criminal act” for which the time periods in CDC 18.210.070(A)(9) have not elapsed; or

6. On two or more occasions within a 12-month period, a person or persons in or on the premises committed an offense constituting a “specified criminal act” for which a conviction was obtained, and the person or persons were employees of the adult-oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the use permit; or

7. A permittee is convicted of tax violations related to an adult-oriented business; or

8. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other “specified sexual activities” to occur in or on the premises; or

9. A permittee is operating more than one adult-oriented business under a single roof.

C. When the city revokes a use permit, the permittee shall not be issued an adult-oriented business permit for one year from the date revocation became effective. If, after at least 90 days from the date of revocation have elapsed and the city finds that the basis for revocation has been corrected, the applicant may be granted a use permit. [Ord. 12-4. DC 2012 § 122-735].

18.210.110 Appeals – Judicial review.

A. Any interested person may appeal the planning commission decision to grant or deny a use permit to the city council as provided in Chapter 18.510 CDC (Appeals and Calls for Review).

B. Following denial of a renewal, suspension, or revocation of a use permit, the applicant or permittee may appeal the decision of the planning commission to the city council as provided in Chapter 18.510 CDC (Appeals and Calls for Review).

C. Notice of the city council’s decision and its findings shall be mailed to the applicant and/or permittee, and the notice shall include a citation to the Code of Civil Procedure Section 1094.8.

D. The timing for a court challenge to a decision by the city council is governed by Code of Civil Procedure Section 1094.8. [Ord. 12-4. DC 2012 § 122-736].

18.210.120 Transfer of use permit.

A. A permittee shall not operate an adult-oriented business under the authority of a use permit at any place other than the address and county assessor’s parcel number designated in the use permit application.

B. A permittee shall not transfer the use permit to another person unless and until the other person satisfies the following requirements:

1. Obtains a use permit amendment which provides that he is now the permittee; and

2. Pays a transfer fee of 20 percent of the annual permit fee.

C. No use permit may be transferred when the city has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

D. Any attempt to transfer a use permit either directly or indirectly in violation of this section is hereby declared void and the use permit shall be deemed revoked. [Ord. 12-4. DC 2012 § 122-737].

18.210.130 Expiration of permit.

Any use permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months from the date of approval by the decision-making body or if the use ceases for a period of one year at any time after its establishment. [Ord. 12-4. DC 2012 § 122-738].

18.210.140 Penalties.

In addition to whatever penalties are applicable under the California Penal Code, if any person faces or refuses to comply with or violates any of the provisions of this chapter, such person shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both. Each violation or noncompliance and each day of continued violation or noncompliance shall be considered a separate offense. Nothing herein shall prevent or restrict the city from taking other lawful action as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but not be limited to, an equitable action of injunctive relief or an action at law for damages. All remedies and penalties provided for in this section shall be cumulative and independently available to the city, and the city shall be authorized to pursue all remedies set forth in this section to the full extent allowed by law. [Ord. 12-4. DC 2012 § 122-739].

18.210.150 Discontinuance of nonconforming activities.

Within two years after the effective date of the ordinance codified in this title, all adult-oriented businesses made nonconforming by reason of these provisions shall be discontinued or brought into full conformance with these provisions, except that such activities may be allowed to continue for an additional period not exceeding two years from such effective date, upon the granting of a use permit based on a finding that the activity is obligated by written lease entered into before the effective date of the ordinance codified in this title for a period, or that the activity involves investment of money in leasehold or improvements of such a magnitude that a longer period is necessary to prevent undue financial hardship. [Ord. 12-4. DC 2012 § 122-740].

18.210.160 Annual fee.

An adult-oriented business use permit holder shall pay an annual fee in an amount set forth in the resolution establishing fees and charges for various municipal services. [Ord. 12-4. DC 2012 § 122-741].