Chapter 11.41


11.41.010    Purpose and intent.

11.41.020    Applicability.

11.41.030    Nuisance and unlawful acts.

11.41.040    Permit and license requirements.

11.41.050    Establishment standards.

11.41.060    Nonconforming adult-oriented businesses.

11.41.070    Adult-oriented business regulatory permit.

11.41.010 Purpose and intent.

This chapter establishes reasonable and uniform regulation for adult-oriented businesses and establishments within the city. The city recognizes the potential for blight and deterioration in areas where a concentration of adult-oriented businesses occur. The city also recognizes that adult-oriented businesses are afforded constitutional protection as protected speech under the First Amendment of the United States Constitution and Article 1 of the State of California Constitution. As such, special zoning regulations applicable to adult-oriented businesses are necessary to protect the integrity of the city’s residential neighborhoods and commercial base without discriminating against the free speech rights afforded to adult businesses.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.020 Applicability.

A.    Applicable Activities. The provisions of this chapter shall apply to all the following adult-oriented business activities:

1.    The establishment, opening, or commencement of any adult-oriented business.

2.    The conversion of an existing business, whether or not a current adult-oriented business, to any adult-oriented business defined in this title.

3.    The addition of any of the adult-oriented businesses defined herein to any other existing business or adult-oriented business.

4.    The relocation of any adult-oriented business.

B.    Areas Conditionally Permitted. Table 11.21-3, Allowed Land Uses, Urban Mixed-Use Zones, and Table 11.21-4, Commercial Industrial Zones Allowed Land Uses, identify adult-oriented business as a permitted use within the IF, M2, and M3 zones.

C.    Exemptions. This chapter shall not apply to the following businesses or activities:

1.    Physicians, surgeons, chiropractors, osteopaths, or physical therapists duly licensed to practice their respective professions in the state.

2.    Electrolysis treatment by a licensed operator of electrolysis equipment.

D.    Conflicts. The provisions of this chapter shall prevail should any regulatory conflicts arise between this chapter and any other section of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.030 Nuisance and unlawful acts.

Any adult-oriented business operated, conducted, or maintained contrary to the provisions of this chapter or this code shall be deemed an unlawful public nuisance. Additionally, the standards and actions contained in this chapter shall be applicable to all adult-oriented businesses.

The city maintains the right provided by law to commence abatement and removal of the nuisance, and may seek legal and monetary relief related to such actions. Any abatement may be in addition to or in lieu of prosecuting a criminal action as provided by law. The city may prevent any person from operating, conducting, or maintaining an adult-oriented business contrary to this code.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.040 Permit and license requirements.

A.    Permits Required. All adult-oriented business applications related to any activity identified in Section 11.41.020 shall be required to apply for and obtain an adult-oriented regulatory permit issued by the city, subject to the provisions of this chapter. Any adult-oriented business use, activity, or development that does not meet the intent and standards of this chapter shall not be permitted. An adult-oriented business shall not be established, or a building permit approved, prior to approval of all city licenses, requirements and/or permits.

B.    Business License Required. A city business license shall be required for all the following individuals involved in an adult-oriented business prior to the operation of or any activities at the use:

1.    The operator of the adult-oriented business is required to obtain an adult-oriented business regulatory permit.

2.    Each individual employee or service provider employed directly by, or operating as an independent contractor who collects a fee or receives compensation for, the adult-oriented business is required to obtain an adult-oriented business employee permit.

C.    Unlawful Acts. It is unlawful for any person to operate an adult-oriented business, employ a person, or perform/provide services as an employee of an adult-oriented use without being issued or maintaining a current and valid city-issued adult-oriented business regulatory permit or adult-oriented business employee permit, as applicable.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.050 Establishment standards.

All adult-oriented businesses shall be limited by the definitions of the applicable uses outlined in Chapter 11.60, Definitions, and subject to the regulations of this chapter.

A.    Location. The regulated distances of this chapter shall be measured between the nearest property line of the proposed adult-oriented business and the nearest property line defining the residential neighborhood zone or other restricted land use, as measured along a straight line extended between the two points.

1.    No adult-oriented business shall be located within a one-thousand-foot radius of the following:

i.    Any NL, NM, CV, or OS (neighborhood, civic or open space) zoned property.

ii.    Any other adult use or any massage establishment.

2.    No adult-oriented business shall be located within a one-thousand-foot radius of the following:

i.    Any existing educational institution used by minors.

ii.    Any park, playground, or tot-lot.

iii.    Any place of worship.

iv.    Any community assembly use where minors gather.

v.    Any noncommercial establishment operated by a nonprofit religious organization.

The above-stated uses shall hereinafter be referred to as “sensitive uses.”

B.    Indoor Activities. All nonparking activities related to the operation of an adult-oriented business shall be conducted within an enclosed building and shall not be visible from any on-site parking or adjacent property. Exposure of any specified anatomical areas outside of the primary enclosed building, including employees entering and exiting for work purposes, shall be strictly prohibited.

C.    Zoning Compliance. Adult-oriented businesses shall comply with all the regulations of the applicable zone.

D.    Reverse Compliance. Establishment of a sensitive use within one thousand feet, or establishment of a nonlegal adult-oriented business within one thousand feet, of a legally established adult-oriented business shall not affect the status of the legally established adult-oriented business.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.060 Nonconforming adult-oriented businesses.

Any nonconforming adult-oriented business that does not conform to the provisions of this chapter shall be subject to the following conditions and Chapter 11.55, Nonconforming Uses and Buildings. See “nonconforming use” in Chapter 11.60, Definitions, for clarification.

A.    Continued Operation Limit. Currently established nonconforming adult-oriented business shall be permitted to continue operation for three years from the effective date of this title, unless otherwise terminated sooner.

B.    Abandonment. The discontinuation or abandonment of the nonconforming adult-oriented business for six months or one hundred eighty days, for any reason other than legitimate maintenance, shall result in loss of the nonconforming status, and any future use of the building or property shall be required to conform with the provisions of this chapter.

C.    Limited Operation. Nonconforming adult-oriented businesses shall not be permitted to increase, enlarge, extend, or alter the building or use, unless alterations bring the use into conformance with this title or as defined in Chapter 11.55.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.41.070 Adult-oriented business regulatory permit.

A.    Permit Required. An adult-oriented business regulatory permit is required for all adult-oriented businesses and shall be required regardless of applicant possession of other types of state or city permits or licenses.

B.    Permit Fee. Every application and renewal application shall be accompanied by an application filing fee that shall not be refundable.

C.    Minimum Permit Requirements. Every person who proposes to maintain, operate, or conduct an adult-oriented business in the city shall file an application with the business license division; the application shall include the following information:

1.    The name of the proposed adult-oriented business. If applicable, the applicant shall file the fictitious name of the adult-oriented business and show proof of the fictitious name registration.

2.    A description of the type of business, including the proposed address.

3.    The name(s), address(es), and telephone number(s) of the owner(s) and lessor(s) of the proposed site, applicants, and proposed place of business.

4.    The type of ownership of the proposed business (i.e., individual, partnership, corporation, or otherwise).

5.    Legal name, including any aliases; residential address; government-issued driver’s license/identification number; satisfactory written proof of age as eighteen years or older of all individuals involved in an ownership of any kind (individual, partnership, corporation, or otherwise); and all the following:

i.    Partnership ownership: type of partnership (general or limited), partnership’s complete name and address, and copy of the partnership agreement with the federal identification number.

ii.    Corporation or limited liability company ownership: complete name; date of incorporation or formation; evidence of good standing under the laws of California; capacities of all officers, directors, managers, and managing members; the name and address of the registered agent for service of process; and the federal taxpayer identification number.

6.    All the following personal information concerning the applicant:

i.    A complete set of fingerprints of the applicant(s) in a manner and form approved by the city police department. Any fees for the fingerprints shall be paid by the applicant.

ii.    Two front-faced, passport-sized photographs of the applicant(s) taken within three months preceding the application date.

iii.    The applicant’s (or applicants’) complete business, occupation, and employment history related to the operation of any adult-oriented business within five years of the application, including the following:

a.    The complete name and address of said adult-oriented business.

b.    The complete business permit history of the applicant(s), including any application for or government-issued permit or license; the date of issuance of such a permit or license; and whether the permit or license was denied, suspended, or revoked, and the reason for such action.

c.    A list of any charges, proceedings (pending or otherwise), and/or conviction of the applicant(s) within five years of the application, including for a specified criminal act, including all such convictions (even if dismissed or expunged) pursuant to Section 1203.4 of the California Penal Code (or an equivalent statute if the conviction occurred outside of California).

7.    A floor plan showing the interior configuration of the premises, including total floor area occupied by the adult-oriented business drawn to a designated scale and marked with adequate dimensions of the interior of the premises to an accuracy of plus or minus six inches.

8.    A straight-line drawing (radius map), prepared within thirty days prior to application, depicting the building and the portion thereof to be occupied by the adult-oriented business and any use identified in Section 11.41.020(A).

9.    A site plan showing all parking, landscaping, lighting, open space areas, and entrances to the business, as well as any other information required by the city at the time of application.

10.    Authorization for the city, its employees, and agents to seek information and conduct an investigation, including a records check of prior convictions to verify the information contained within the application.

11.    The signature of the applicant under penalty of perjury as to the contents of the application and supporting documents. If the applicant is an individual, he/she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business shall sign the application.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)