III. Offenses Against Public Decency
Chapter 9.05
ADULT-ORIENTED BUSINESS PERMIT
Sections:
9.05.040 Adult-oriented business permit required.
9.05.050 Application for adult-oriented business permit.
9.05.060 Investigation and action on application.
9.05.070 Application for permit denied.
9.05.080 Expiration of permit.
9.05.090 Modification to permit.
9.05.100 Change in location prohibited.
9.05.110 Suspension or revocation of permit.
9.05.120 Appeal of denial of application or suspension or revocation.
9.05.130 Application for manager’s or performer’s permit.
9.05.140 Investigation and action on manager’s or performer’s permit application.
9.05.150 Transfer of permit prohibited.
9.05.160 Expiration of manager’s or performer’s permit.
9.05.170 Suspension or revocation of manager’s or performer’s permit.
9.05.180 Appeal of suspension or revocation.
9.05.190 Operational and performance standards.
9.05.200 Enforcement of chapter.
9.05.210 Regulations nonexclusive.
9.05.010 Purpose.
It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of Vacaville, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented businesses within the city. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment of the United States Constitution, or to deny access by the distributors and exhibitors of adult-oriented materials or entertainment to their intended market; nor is it the intent or effect of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 1592 §2 Exh. 2(part), 1998).
9.05.020 Definitions.
In addition to any other definitions contained in the municipal code, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the municipal code, these definitions shall prevail.
A. “Adult arcade” shall mean a business establishment to which the public is permitted or invited and where coin-, card- or slug-operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. Such devices shall be referred to as “adult arcade devices.”
B. “Adult booth/individual viewing area” shall mean a partitioned or partially enclosed portion of an adult-oriented business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; or
2. Where adult arcade devices are located.
C. “Adult cabaret” shall mean a business establishment (whether or not serving alcoholic beverages) that features adult live entertainment.
D. “Adult hotel/motel” shall mean a “hotel” or “motel” (as defined in Section 14.02.050.020) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas.
E. “Adult live entertainment” shall mean any physical human body activity, whether performed or engaged in, alone or with other persons including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas; and/or (2) the performance or physical human body activity depicts, describes, or relates to specified sexual activities whether or not the specified anatomical areas are covered.
F. “Adult modeling studio” shall mean a business establishment which provides, for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. “Adult modeling studio” does not include schools maintained pursuant to standards set by the Board of Education of the State of California.
G. “Adult motion picture theater” shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically generated reproductions that is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
H. “Adult-oriented business” shall mean:
1. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, or adult modeling studio; or
2. A business establishment or concern that as a regular and substantial course of conduct offers, sells or distributes adult-oriented material or sexually oriented merchandise, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas but not including those uses or activities which are preempted by State law.
I. “Adult-oriented business permit” shall mean a permit issued by the City allowing a person to operate and maintain an adult-oriented business within the City limits, subject to the provisions of this chapter.
J. “Adult-oriented material” shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult-oriented material” shall include sexually oriented merchandise.
K. “Adult retail store” shall mean a business establishment having as a regular and substantial portion of its stock in trade adult-oriented material.
L. “Booth, viewing room” shall mean a partitioned or partially enclosed portion of an adult-oriented business, used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by an emphasis upon matter depicting, describing or showing specified sexual activities and/or specified anatomical areas; or
2. Where adult arcade devices are located.
M. “Establishment of an adult-oriented business” shall mean any of the following:
1. The opening or commencement of any adult-oriented business (as defined in this section) as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;
3. The addition of any adult-oriented business to any other existing adult-oriented business;
4. The relocation of any adult-oriented business; or
5. Physical changes that expand the square footage of an existing adult-oriented business by more than 10 percent.
N. “Manager” shall mean the primary on-site person(s) at any point in time who supervises, manages, directs, controls, or is in any way responsible for or in charge of the premises of an adult-oriented business or the conduct of activities occurring on the premises thereof.
O. “Manager’s station” shall mean the principal place within an adult-oriented business where the manager sits, conducts, tends to the business, or performs administrative functions. A “manager’s station” may include the manager’s desk, cash register station, or office; however, for purposes of this chapter, a “manager’s station” may not be enclosed in such a way as to limit visibility of areas within an adult-oriented business which are required, by the provisions of this chapter, to have an unobstructed view by or be visible by direct line of sight from a manager’s station.
P. “Operate an adult-oriented business” shall mean the supervising, managing, directing, controlling, or in any way being responsible for or in charge of the conduct of activities of an adult-oriented business or activities within an adult-oriented business.
Q. “Owner/permit holder” shall mean any of the following:
1. The sole proprietor of an adult-oriented business;
2. Any general partner of a partnership that owns and operates an adult-oriented business;
3. The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult-oriented business; or
4. The person designated by the officers of a corporation or the members of a limited liability company to be the permit holder for an adult-oriented business owned and operated by the corporation.
R. “Performer” shall mean a person who is an employee or independent contractor of an adult-oriented business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult-oriented business.
S. “Person” shall mean any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.
T. “Sexually oriented merchandise” shall mean sexually oriented implements, paraphernalia, or novelty items such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
U. “Specified anatomical areas” shall mean and include any of the following:
1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if 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 discernibly turgid state, even if completely or opaquely covered.
V. “Specified criminal activity” shall mean an offense classified by this or any other state as a sex or sex-related offense, including crimes involving moral turpitude, prostitution, or obscenity, and:
1. Two years or less have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application for an adult-oriented business permit, whichever is the later date, if the conviction is a misdemeanor; or
2. Five years or less have elapsed since the date of conviction or the date of release from confinement for the conviction to the date of application for an adult-oriented business permit, whichever is the later date, if the conviction is a felony; or
3. Five years or less have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application for an adult-oriented business permit, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period.
W. “Specified sexual activities” shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:
1. Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
4. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or
5. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
X. “Transfer ownership” of an adult-oriented business shall mean and include any of the following:
1. The sale, lease, or sublease of an adult-oriented business;
2. The transfer of securities which constitute a controlling interest in an adult-oriented business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of an adult-oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.030 Applicability.
A. The provisions of this chapter shall apply to any application to maintain, operate, conduct, or manage an adult-oriented business, as defined herein. In addition, any adult-oriented business shall comply with all applicable zoning regulations, business license provisions, building code, fire and health and safety code regulations.
B. All uses are also subject to the provisions of Section 14.09.270.050, Adult-Oriented Businesses, and Part III of Division 14.09 (Supplemental Regulations). Part III of Division 14.09 includes, but is not limited to, performance standards, off-street parking and loading, signs, and airport land use compatibility.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.040 Adult-oriented business 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-oriented business unless the person first obtains and continues to maintain in full force and effect, an adult-oriented business permit from the city, in accordance with the provisions of this chapter.
A. The possession by the applicant of other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.
B. Any person other than the owner, who will serve as a manager of an adult-oriented business, as defined in this chapter, shall be required to first obtain from the city a manager’s permit, in accordance with the provisions of Section 9.05.130 of this chapter.
C. An application for the permits specified in subsections A and B of this section may be applied for concurrently, however, separate application forms and fees shall be required. (Ord. 1592 §2 Exh. 2(part), 1998).
9.05.050 Application for adult-oriented business permit.
Every person who proposes to maintain, operate, or conduct an adult-oriented business shall file an application with the Police Chief, on a form provided by the City, and shall pay a nonrefundable filing fee, as established by resolution of the City Council. Such fee shall fully reimburse the City for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application, or a combination of both methods.
A. Information Required. The owner, and the applicant if the applicant is a person other than the owner, shall provide the following information:
1. Name, including any aliases, address, telephone number, a copy of the driver’s license or other State-issued identification card of all owners of the business, and satisfactory written proof that the owner is at least 18 years of age;
2. Name, including any aliases, address, telephone number, a copy of the driver’s license or other State-issued identification card of the applicant if the applicant is other than the owner, the applicant’s relationship to the owner, and satisfactory written proof that the applicant is at least 18 years of age;
3. If the owner/applicant is a partnership, the partners shall state the partnership’s complete name and address, the names of all partners with a holding in the company, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;
4. If the owner/applicant is a corporation, the corporation shall provide its complete name, the name of its incorporation, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process;
5. Past Convictions. A statement as to whether the owner/applicant has been convicted of a specified criminal activity, as defined in this chapter, and if so, the specified criminal activity involved, and the date, place, and jurisdiction of each conviction;
6. Photo and Fingerprints Required. A recent color photograph of the owner/applicant, which clearly shows the individual’s face; also, the fingerprints of the owner/applicant, on a form provided by the Police Department. If the owner/applicant is a partnership, photos and fingerprints of the general partners shall be required. Any fees for the photographs and fingerprints shall be paid by the applicant.
B. Signature of Owner and Applicant.
1. The applicant shall sign the application and by so doing shall attest under penalty of perjury to the accuracy of all information provided with the application.
2. If the applicant is a person other than the owner, the owner shall also sign the application and by so doing shall attest under penalty of perjury to the accuracy of all information provided with the application.
C. Other Permits. Information shall be provided as to whether the owner/applicant, as an individual, partnership, or corporation, has had or currently has a permit under this chapter or other similar ordinances from another city or county, including the name and location of the adult-oriented business, whether the permit was denied, suspended, or revoked, and, if so, the reason the permit was denied, suspended, or revoked.
D. Mailing Address. The applicant shall provide the address to which notice of action on the application is to be mailed.
E. Fictitious Name. If the owner/applicant intends to operate the adult-oriented business under a name other than that of the owner/applicant, the owner/applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
F. Description of Business. The applicant shall provide a detailed description of the type of adult-oriented business for which the permit is required and the types of activities to be conducted at the business. The applicant shall also provide the proposed address where the adult-oriented business will operate, the days and hours of operation, and the names and addresses of the owners and lessors of the site where the adult-oriented business will be located.
G. Plans and Location Map Required. A floor plan, site plan, and location map depicting the business shall be provided as follows:
1. Floor Plan. A floor plan, drawn to scale, shall be provided showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business.
2. Site Plan. A site plan, drawn to scale, showing the off-street parking areas, the location of the outdoor lighting system as required by this chapter, and building entrances and exits.
3. Location Map. A location map prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the adult-oriented business. The location map shall also show the property lines of any other adult-oriented business within 750 feet of the property lines of the site of the adult-oriented business for which a permit is requested; and the property lines of any buffered use, as described in Section 14.09.270.050.D, which is located within 750 feet of the property lines of the adult-oriented business.
4. The floor plan, site plan, and location map need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
5. The distances set forth in this subsection shall be measured pursuant to Section 14.02.030.050.E.
H. The Police Chief shall determine whether the application contains all of the information required by the provisions of this chapter within five City business days of its submittal. If it is determined that the application is not complete, the applicant shall be immediately notified in writing that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five City business days following the receipt of an amended application or supplemental information, the Police Chief shall again determine whether the application is complete in accordance with the provisions of this chapter. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five City business days of that fact.
I. The information required to be provided in this section which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant’s residence address, telephone number, date of birth, age, driver’s license and Social Security number. The City Council in adopting the application and permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality or security interests are protected. The City Clerk shall cause the above-mentioned information to be redacted from any copy of a completed application form made available to any member of the public.
J. Nothing herein shall constitute a waiver of the requirements of Chapter 5.08 of this code, requiring the issuance and possession of a valid business license. In addition, the applicant shall obtain all other related approvals, including zoning compliance, design review, environmental review, and any other State, City or County permits, approvals or licenses, prior to commencing operation of the adult-oriented business.
K. The fact that an applicant possesses other types of State, City or County permits, approvals or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business permit.
(Ord. 1829, Amended, 03/09/2010; Ord. 1598 §16, 1998; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.060 Investigation and action on application.
A. Upon receipt of a properly completed application and payment of the application fee, the Police Chief shall stamp the application as received and promptly investigate the information contained in the application.
B. Within 30 calendar days of receipt of the completed application, the Police Chief shall complete the investigation, shall grant or deny the application in accordance with the provisions of this section, and shall so notify the applicant as provided herein.
C. Application Granted. The Police Chief shall approve the application and issue the adult-oriented business permit upon determining that:
1. The applicant, owner, or operator of the adult-oriented business has not knowingly made any false, misleading, or fraudulent statement of material fact in the permit application or in any document required as part of the application;
2. The applicant, owner, or operator of the adult-oriented business has not had a similar permit previously suspended or revoked within five years of the date of application;
3. The applicant, owner or operator of the adult-oriented business is 18 years of age or older;
4. The applicant, owner, or operator of the adult-oriented business has not been convicted of a specified criminal activity, as defined in this chapter;
5. The adult-oriented business complies with the City’s zoning requirements as to its underlying zoning designation and other locational requirements of Section 14.09.270.050 and Tables 14.09.070.A and B;
6. The adult-oriented business complies with the performance standards and requirements of Section 9.05.190;
7. The application complies with Section 9.05.050.
D. If the application is granted, the Police Chief shall write or stamp “Granted” on the application and date and sign such notation. A copy of the application and the permit shall be mailed, first class, postage prepaid, to the applicant at the address stated on the application.
E. Application Denied. The Police Chief may deny an application in accordance with the provisions of Section 9.05.070.
F. If the Police Chief fails to take action on the application within 30 calendar days after a properly completed application is stamped as received, the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the standards and requirements of this chapter and the development requirements of Title 14 of this code, and provided other applicable related approvals have been obtained.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.070 Application for permit denied.
A. If the Police Chief cannot make the determinations listed in Section 9.05.060.C, the application shall be denied.
B. The Police Chief shall write or stamp “Denied” on the application and date and sign such notation. The Police Chief shall attach to the application a statement of the reason(s) for denial, and shall mail such information, first class, postage prepaid, to the applicant at the address stated on the application.
C. The applicant may appeal the permit denial in accordance with Section 9.05.120.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.080 Expiration of permit.
Each permit shall expire one year from the date of issuance, and may be renewed only by filing with the police chief an application for renewal, accompanied by a permit renewal fee and a copy of the permit to be renewed.
A. The application for renewal shall be submitted at least thirty calendar days prior to the expiration date of the permit.
1. The applicant shall submit a statement to the police chief updating any information that has changed since the original application was filed.
2. The application for renewal shall be reviewed and acted upon in the same manner as a new application for a permit.
B. Permit Expiration.
1. When a request for renewal is made less than thirty days before the expiration date, the permit shall expire on its expiration date.
2. If a permit expires, the use shall be terminated and shall only be reestablished upon the approval of a new application and permit, subject to the provisions of this chapter.
C. The application for renewal may be denied in accordance with the provisions of Section 9.05.070 of this chapter, or if the police chief determines that the applicant has failed to comply with the operational or performance standards applicable to the adult-oriented business.
1. If the application for renewal is denied, the applicant shall not be issued a permit for one year from the date of denial.
2. If, subsequent to denial, the police chief finds that the basis for denial has been corrected, the applicant may be granted a permit if at least ninety days have elapsed since the date of denial.
3. The applicant may appeal the denial of a permit renewal in accordance with the provisions of Section 9.05.120 of this chapter. (Ord. 1592 §2 Exh. 2(part), 1998).
9.05.090 Modification to permit.
Any proposed modification to an adult-oriented business permit shall require the filing and approval of a statement of modification with the Police Chief prior to any change.
A. The grounds for modification of a permit shall include, but not be limited to, any of the following:
1. A change which affects or may affect compliance with the permitting, operational or performance standards of this chapter.
2. A change to the information submitted as part of the original application, or any subsequent application, including a change in ownership, for an adult-oriented business permit.
3. A change in the specific classification of the adult-oriented business as defined in Section 9.05.020.H.1.
B. Change in Ownership. A permittee shall not transfer ownership or control of an adult-oriented business, or transfer an adult-oriented business permit to another person, until a statement of modification has been filed with the Police Chief. No permit shall be transferred until the background investigation is complete and the transfer has been approved by the Police Chief.
1. No permit may be transferred if the permit has been suspended or revocation proceedings have begun.
2. Any attempt to transfer, assign, sell, or convey such permit without the prior approval of the Police Chief as required herein shall be void and of no effect, and shall be deemed to constitute a voluntary surrender of the permit, and the permit thereafter shall be null and void.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.100 Change in location prohibited.
A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place or site other than the address of the adult-oriented business approved and so stated in the application for the permit. (Ord. 1592 §2 Exh. 2(part), 1998).
9.05.110 Suspension or revocation of permit.
The Police Chief may suspend or revoke an adult-oriented business permit in accordance with the procedures and standards of this section.
A. A permittee may be subject to suspension or revocation of an adult-oriented business permit, or be subject to other appropriate disciplinary action, for any of the following causes:
1. The permittee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit or in any document required as part of the application, or in any other report or record required to be filed with the City;
2. The permittee, employee, agent, partner, director, stockholder, operator, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of an adult hotel/motel unless the employee, agent, partner, director, stockholder, operator, or manager of the adult hotel/motel knowingly allowed the act of sexual intercourse, sodomy, oral copulation, or masturbation to occur;
b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;
c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code;
e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4;
f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code;
g. Any conduct prohibited by this chapter if such conduct is with the knowledge, authorization, or approval of the permittee, operator or manager of the adult-oriented business or is as a result of the permittee’s, operator’s or manager’s negligent supervision of the employees or independent contractors of the adult-oriented business. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property;
h. Failure to abide by a disciplinary action previously imposed by an appropriate City official;
3. The permittee has knowingly transferred or attempted to transfer ownership of a permit in violation of Section 9.05.090.B;
4. The permittee, operator or manager has knowingly operated the adult-oriented business during a period of time when the adult-oriented business permit was suspended;
5. The building, structure, equipment, or location used by the adult-oriented business fails to comply with all provisions of this code, including the operational and performance standards contained in Section 9.05.190, and the zoning requirements of Section 14.09.270.050, and all other applicable building, fire, electrical, plumbing, health and zoning requirements of Title 14 of this code;
6. The permittee, operator or manager has failed to obtain or maintain all required City, County or State permits, approvals or licenses;
7. The adult-oriented business permit is being used to conduct an activity different from that for which it was issued;
8. A person employed by, or performing in, the adult-oriented business (whether classified as an employee or independent contractor) has been convicted of two or more specified criminal activities that occurred in or on the premises of the adult-oriented business within a 12-month period and such person was employed by, or performing in, the adult-oriented business at the time the offenses were committed;
9. The use for which the adult-oriented business permit was granted has ceased to exist or has been abandoned by the permittee for six months or more;
10. The transferee/new owner, operator or manager of the adult-oriented business has failed to comply with the provisions of this chapter.
B. Suspension or Revocation. The Police Chief shall determine whether a permit should be suspended or revoked based upon the nature, severity, and frequency of the violation.
1. Upon determining that grounds for permit suspension or revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee.
a. The notice shall set forth the time and place of a hearing, the grounds upon which the proposed suspension or revocation is based, the pertinent code sections, and a brief statement of the factual matters in support thereof.
b. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date.
2. The hearing shall not be bound by the formal rules of evidence but at a minimum shall include the following:
a. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues, and may be represented by counsel, and shall have the right to confront and cross-examine witnesses;
b. Any relevant evidence may be admitted that is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs;
c. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, for good cause shown the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by an applicant shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.
3. The Police Chief’s decision may be appealed in accordance with the provisions of Section 9.05.120.
4. During the period of time when an adult-oriented business is under notice of a proposed suspension or revocation, such business may continue to operate, pending a determination by the Police Chief on the suspension or revocation proceedings.
5. The Police Chief shall document in writing all hearing proceedings, including any resulting hearing action and conditions applied to the permittee or to the operation of the adult-oriented business. After the hearing, if the Police Chief finds and determines that there are grounds for revocation or suspension, based upon the severity of the violation, the Police Chief shall impose one of the following:
a. A warning;
b. Suspension of the permit with specified conditions and for a specified period of time, not to exceed six months;
c. Revocation of the permit.
6. The Police Chief shall render a written decision that shall be hand delivered or overnight mailed to the permittee within five City business days of the hearing.
C. Effect of Suspension or Revocation.
1. If, after the suspension, the Police Chief finds that the basis for the suspension has been corrected or abated, the Police Chief may grant the applicant a new permit, if at least 90 days have elapsed since the effective date of the suspension.
2. Upon suspension of an adult-oriented business permit, the subject business shall be closed to the public.
3. Upon revocation of an adult-oriented business permit, all operations shall cease immediately at the subject business, regardless of whether an appeal is filed.
a. Unless otherwise reversed by appeal, a revocation shall be in effect for one year and a new permit shall not be issued to the permittee during this period for any adult-oriented business.
b. A new application and permit shall be required prior to reestablishing the adult-oriented business.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.120 Appeal of denial of application or suspension or revocation.
Any affected party may appeal a determination by the Police Chief to grant, deny, suspend, revoke, or renew an adult-oriented business permit or a manager’s or performer’s permit.
A. An appeal shall be filed on a form specified by the City Clerk within 10 days of the Police Chief’s determination and shall be accompanied by the applicable fees. The appeal shall be filed with the City Clerk.
B. The City Council shall hear the appeal. The appeal shall be scheduled for public hearing on the next available City Council agenda, as determined by the City Clerk.
C. Notice shall be provided in accordance with Section 14.09.030.070.
D. The City Council shall affirm, modify, or reverse the decision being appealed. Specific reasons shall be given for the City Council’s action.
E. The applicant or permittee may seek prompt judicial review of the denial, suspension or revocation of the adult-oriented business permit pursuant to Code of Civil Procedure Section 1094.5, and shall be entitled to expedited judicial review pursuant to Code of Civil Procedure Section 1094.8.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.130 Application for manager’s or performer’s permit.
Every person who will serve in the capacity of a manager or performer at an adult-oriented business shall file an application for a permit with the Police Chief, on a form provided by the City, and shall pay a nonrefundable filing fee, as established by resolution of the City Council. Such fee shall fully reimburse the City for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application, or a combination of both methods. The following information shall be required as part of the application:
A. Name and Capacity of Applicant. The application shall include the name, any aliases, address, telephone number, a copy of the driver’s license or other State-issued identification card of the applicant, satisfactory written proof that the applicant is at least 18 years of age, and whether the applicant is applying for a permit in the capacity of a manager or performer.
B. Mailing Address. The applicant shall provide the address to which notice of action on the application is to be mailed.
C. Past Convictions. A statement as to whether the applicant has been convicted of a specified criminal activity, as defined in this chapter, and, if so, the specified criminal activity involved, and the date, place, and jurisdiction of each conviction.
D. Photo and Fingerprints Required. A recent color photograph of the applicant, which clearly shows the individual’s face, and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
E. Other Permits. A statement certifying whether the applicant has had or currently has a permit under this chapter or other similar ordinances from another city or county, including the name and location of the adult-oriented business, whether the permit was denied, suspended, or revoked, and, if so, the reason the permit was denied, suspended, or revoked.
F. The applicant shall sign the application and by so doing shall attest under penalty of perjury to the accuracy of all information provided with the application.
G. The Police Chief shall determine whether the application contains all of the information required by the provisions of this chapter within five City business days of its submittal. If it is determined that the application is not complete, the applicant shall be immediately notified in writing that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five City business days following the receipt of an amended application or supplemental information, the Police Chief shall again determine whether the application is complete in accordance with the provisions of this chapter. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five City business days of that fact.
H. The information required to be provided in this section which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant’s residence address, telephone number, date of birth, age, driver’s license and Social Security number. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality or security interests are protected. The City Clerk shall cause the above-mentioned information to be redacted from any copy of a completed application form made available to any member of the public.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.140 Investigation and action on manager’s or performer’s permit application.
A. Upon receipt of a properly completed application and payment of the application fee, the Police Chief shall stamp the application as received and promptly investigate the information contained in the application.
B. Within 15 calendar days of receipt of the completed application, the Police Chief shall complete the investigation, shall grant or deny the application in accordance with the provisions of this section, and shall so notify the applicant as follows:
1. Application Granted. The Police Chief shall approve the application upon determining that:
a. The applicant has not knowingly made any false, misleading, or fraudulent statement of material fact in the permit application or in any document required as part of the application;
b. The applicant has not had a similar permit previously suspended or revoked within five years of the date of application;
c. The applicant is 18 years of age or older;
d. The applicant has not been convicted of a specified criminal activity, as defined in this chapter;
e. The application complies with Section 9.05.130;
2. If the application is granted, the Police Chief shall write or stamp “Granted” on the application and date and sign such notation. A copy of the application and the permit shall be mailed, first class, postage prepaid, to the applicant at the address stated on the application. The permittee shall make the permit available for inspection at all times during which the permittee is working on the premises of the adult-oriented business;
3. Application Denied. If the Police Chief cannot make the determinations listed in subsection B.(1) of this section, the application shall be denied.
a. If the application is denied, the Police Chief shall write or stamp “Denied” on the application and date and sign such notation. The Police Chief shall attach to the application a statement of the reasons for denial, and shall mail such information, first class, postage prepaid, to the applicant at the address stated on the application.
C. If the Police Chief fails to take action on the a properly completed application within 15 calendar days after it is determined to be complete, the applicant may begin working at the adult-oriented business in the capacity for which the permit was sought, subject to strict compliance with the standards and requirements of this chapter.
D. The applicant may appeal the denial of a permit in accordance with the provisions of Section 9.05.120.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.150 Transfer of permit prohibited.
A. No manager’s or performer’s permit shall be transferred, assigned, sold, or conveyed to any person other than the person specified on the permit without the written authorization of the Police Chief.
B. Any attempt to transfer, assign, sell, or convey such permit without the prior approval of the Police Chief as required herein shall be void and of no effect, and shall be deemed to constitute a voluntary surrender of the permit, and the permit thereafter shall be null and void.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.160 Expiration of manager’s or performer’s permit.
Each permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief an application for renewal, accompanied by a permit renewal fee and a copy of the permit to be renewed.
A. The request for renewal shall be submitted at least 30 days prior to the expiration date of the permit.
1. When a request for renewal is made less than 30 days before the expiration date, the permit shall expire on its expiration date.
2. The applicant shall submit a statement updating any information that has changed since the original application was filed.
B. The application for renewal shall be reviewed and acted upon in the same manner as a new application for a permit.
C. The application for renewal may be denied in accordance with the provisions of Section 9.05.140.B.4 or 9.05.170.
1. If, subsequent to denial, the Police Chief finds that the basis for denial has been corrected, the applicant may be granted a permit if at least 90 days have elapsed since the date of denial.
2. If the application for renewal is denied, the applicant shall not be issued a permit for one year from the date of denial.
D. The applicant may appeal the denial of a permit renewal in accordance with the provisions of Section 9.05.120.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.170 Suspension or revocation of manager’s or performer’s permit.
The Police Chief may suspend or revoke a manager’s or performer’s permit upon determining that the permittee has been convicted of an offense which would be cause for denial of the permit upon an original application, or has committed an act, or in the case of a manager has allowed an act to be committed, in violation of the provisions of this chapter, code, or State law.
A. Such suspension or revocation proceedings shall be conducted in accordance with the provisions of Section 9.05.110.B.
B. Upon suspension or revocation of a permit, the permittee shall not work at the site in any capacity for the business.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.180 Appeal of suspension or revocation.
Any affected person may appeal the decision of the Police Chief to suspend or revoke a manager’s or performer’s permit. An appeal shall be filed in accordance with the provisions of Section 9.05.120.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.190 Operational and performance standards.
All adult-oriented businesses shall comply with the following operational and performance standards:
A. Every adult-oriented business shall have a manager on site who possesses a valid manager’s permit, at anytime the business is open to the public. No performer may serve as the manager. The person(s) designated as the on-site manager shall provide his or her name to the Police Chief to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.
B. Maximum Occupancy Load. Maximum occupancy load, fire exits, aisles, and fire equipment shall adhere to the Fire Department and building regulations and standards adopted by the City.
C. Display of Permit. The adult-oriented business permit issued pursuant to the provisions of this chapter shall be displayed at all times during business hours in a conspicuous place where it may be readily seen by all persons entering the adult-oriented business.
D. No Observation from Outside the Building. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public view as viewed from adjacent sidewalks or public rights-of-way or from any location outside the building area of such establishment. This provision shall apply to any display, decoration, show window, or other opening. No exterior door or window on the premises shall be propped open or kept open at any time while the business is open.
E. Unobstructed View. All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms and adult movie theater screening rooms, shall be open to view by the management at all times.
F. All signage visible from the exterior of the building shall be subject to the provisions of Chapter 14.09.260 (Signs) of this code. In addition to these provisions, no sign shall be allowed with language or pictorial graphics which signify or display specified sexual activities or specified anatomical areas.
G. Hours of Operation. Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult-oriented business shall be open for business only between the hours of ten a.m. and midnight on any particular day, excepting herefrom an adult motel/hotel.
H. Posting of Notice of Age Limit. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points. If the adult-oriented business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.
1. No permittee, operator, manager, or other person in charge of any adult-oriented business shall employ, contract with, or provide or retain any service for which it requires such permit to any person who is not at least 18 years of age.
2. No permittee, operator, manager, or other person in charge of any adult-oriented business shall permit to enter or remain within the adult-oriented business any person who is not at least 18 years of age.
3. Every permittee, operator, manager, or other person in charge of any adult-oriented business shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult-oriented business, and/or persons seeking to enter or remain within the adult-oriented business.
I. Illumination of Indoor Areas. All areas of the adult-oriented business, excepting herefrom an adult motel/hotel, shall be illuminated at a minimum of one foot-candle, maintained and evenly distributed at ground level. Inoperable and/or broken lights shall be replaced within 24 hours, excepting herefrom an adult motel/hotel.
J. Illumination of Outdoor Areas. All off-street parking areas and premises entries and exits of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one and one-half foot-candle of light on the parking surface and/or walkways, with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required site plan of the premises submitted with the application for an adult-oriented business permit. Inoperable and/or broken lights shall be replaced within 24 hours.
K. Restroom Facilities.
1. The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees and for female patrons and employees. Except for carrying out duties of repair, maintenance, and cleaning of restroom facilities, male patrons and employees shall be prohibited from using the restrooms for females, and female patrons and employees shall be prohibited from using the restrooms for males.
2. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult-oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.
3. Restrooms shall not contain television monitors or other motion picture or video projection, recording, or reproduction equipment and shall be free from adult-oriented material.
L. Security Guards. Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety. The permittee shall provide written verification to the Police Chief that all security guards are licensed and bonded.
1. Adult-oriented businesses featuring adult live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
2. Additional security guards for other adult-oriented businesses may be required if their presence is necessary in order to prevent any of the conduct listed in Section 9.05.110.A.2 from occurring on the premises.
3. Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a 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 law.
4. No security guard required pursuant to this subsection shall act in any other capacity, including, but not limited to, door person, ticket seller, ticket taker, admittance person, bartender, performer, or sole occupant of the manager’s station while acting as a security guard.
5. Between the hours of eight p.m. and 30 minutes after the established closing time of the establishment, security guard(s) shall regularly patrol the parking lot and adjacent outdoor areas of the establishment to maintain order therein and prevent any illicit or nuisance activity, excepting herefrom an adult motel/hotel which shall regularly patrol the parking lot and adjacent outdoor areas of the establishment between the hours of eight p.m. and six a.m.
M. Landscaping. Landscaping shall comply with standards for the applicable zoning district, except that shrubbery in parking lots shall be no higher than three feet.
N. Adult Arcades. Any adult-oriented business which can be classified as an “adult arcade,” as defined in this chapter, shall comply with the following additional provisions:
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every public area of the premises, excluding restrooms. No patron shall be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
2. The interior of the premises shall be equipped with overhead lighting in accordance with subsection I of this section, of sufficient intensity to illuminate every area to which patrons are permitted access. A lesser intensity lighting may be approved by the Police Chief if demonstrated by the permittee that it is reasonably necessary for the viewing of the adult materials. Illumination shall be maintained at all times that any patron is present.
3. A manager shall be on duty in the manager’s station at all times the business is open.
4. If the premises has two or more manager’s stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be direct line of sight from the manager’s station.
5. The entire interior of video viewing rooms or booths shall be visible by direct line of sight from the manager’s station and shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. The entire body of any patron in any viewing room or booth must be visible from the manager’s station(s) without the assistance of mirrors or any other device.
6. No viewing room or booth may be occupied by more than one person at any one time.
7. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes or other openings between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms. Any such hole or opening shall be repaired within 24 hours using “pop” rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
8. No patrons shall be allowed to stand idly by in the vicinity of any such viewing rooms or booths, or remain in the common area of such business, other than the restrooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video viewing rooms or booths.
9. The floors, seats, walls, and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen, or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions may justify suspension or revocation of the permit to conduct the adult-oriented business.
10. No doors are permitted on a viewing room or booth. No partially or fully enclosed viewing rooms or booths or partially or fully concealed viewing rooms or booths shall be maintained.
11. No beds, couches, or chairs with a sitting area greater than 24 inches wide shall be permitted in a viewing room or booth.
O. Adult Live Entertainment. The following additional requirements shall pertain to adult-oriented businesses providing adult live entertainment as defined by this chapter:
1. No person shall perform adult live entertainment for patrons of an adult-oriented business except upon a permanently fixed stage at least 18 inches above floor level and surrounded with a three-foot-high barrier or by a fixed rail at least 30 inches in height. This provision shall not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent, floor to ceiling, solid barrier. No person shall perform adult live entertainment off stage.
2. No patron shall be permitted within six feet of the stage, measured horizontally, while the stage is occupied by a performer who is performing adult live entertainment.
3. Access which is completely separated from the patrons shall be provided for performers between the stage and the dressing rooms. If such access is not physically feasible, the adult-oriented business shall provide a minimum three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the performers that is at least three feet in height and which is capable of, and results in, preventing any physical contact between patrons and entertainers and the patrons must also be three feet away from the walk aisle. Nothing in this subsection is intended to exempt the adult-oriented business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to disabled accessibility.
4. The adult-oriented business shall provide dressing room facilities for performers that are separated by gender and exclusively dedicated to the performers’ use; no patron of an adult-oriented business shall be allowed access to any dressing room facilities.
5. The adult-oriented business shall provide an entrance/exit to the establishment for performers which is separate from the entrance/exit used by patrons, which the performers shall use at all times.
6. While on stage, no performer shall have physical contact with any patron, and no patron shall have physical contact with any performer. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person’s body. This prohibition does not extend to incidental touching.
7. Patrons shall not throw money to performers, place moneys in the performers’ costumes or otherwise place or throw moneys on the stage. If patrons wish to pay or tip performers, payment or tips may be placed in containers.
8. Patrons shall be advised of the tipping, no touching and physical distance requirements of this subsection by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons shall also be advised of the tipping, no touching and physical distance requirements by employees, independent contractors, or performers of the establishment.
P. No owner or other person with managerial control over an adult-oriented business shall permit any person on the premises of the business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage, and/or of the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. An opaque covering which simulates the appearance of the specified anatomical part required to be covered shall not be considered compliance with this provision.
Q. Adult Motion Picture Theaters. The following additional requirements shall apply to adult motion picture theaters:
1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:
a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;
b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium shall be visible from the aisle at all times; and
c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.
2. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way or any buffered use set forth in Section 14.09.270.050.D.
R. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag or with individually bagged trash at least once a day. At least four times a day, the front and rear portions of any adult-oriented business, along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin with a plastic bag.
S. The foregoing applicable requirements of this section shall be deemed conditions of approval for an adult-oriented business permit, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.
(Ord. 1888, Amended, 08/11/2015; Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.200 Enforcement of chapter.
A. An applicant or permittee shall allow representatives of the Police Department, Fire Department, Community Development Department, or other City departments, and the County Health Department, to reasonably inspect the premises of an adult-oriented business for the purpose of ensuring compliance with the regulations of this chapter, at any time it is occupied or open for business. It is a violation of this chapter for an applicant or permittee to prohibit or interfere with such lawful inspection of the premises. Such inspections shall be conducted in a reasonable manner.
B. Any owner, operator, manager, or permittee of an adult-oriented business violating any of the provisions of this chapter shall be subject to any and all civil remedies, including license revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of the provisions of this chapter shall constitute a separate violation for each and every day during which such violation is committed or continued.
C. In addition to the remedies set forth in subsection B of this section, any adult-oriented business that is operating in violation of the provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 8.10 of this code.
D. The restrictions imposed pursuant to this chapter constitute a licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of this code, the City does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities.
(Ord. 1829, Amended, 03/09/2010; Ord. 1592 §2 Exh. 2(part), 1998).
9.05.210 Regulations nonexclusive.
The provisions of this chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses in the city of Vacaville nor to any other applicable provisions of the municipal code. (Ord. 1592 §2 Exh. 2(part), 1998).