Chapter 9 of Title 6 relating to massage establishments repealed in its entirety by §1, Ord. 1739 eff. 4/5/90.

Ord. history: §1, Ord. 1126, eff. 5/31/72; §1, Ord. 1143, eff. 8/30/72; and by §1, Ord. 1739, eff. 4/5/90.


6-9.01 Definitions.

a. Adult Business means any business (1) which regularly offers to its patrons, for a fee, services or entertainment, projected or live, characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas"; or (2) which has 20% or more of its (a) floor area devoted to; (b) stock-in-trade consisting of; or (c) gross revenues derived from, material characterized by an emphasis on matter depicting, exposing, displaying, describing, discussing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas".

b. Specified Criminal Acts means acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another Adult Business including but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.

c. Specified Sexual Activities means:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human sexual intercourse, masturbation or sodomy; or

3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

d. Specified Anatomical Areas means:

1. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

e. Principal means any partner, director, officer or principal shareholder owning 10% or more of the shares of an applicant. (§3, Ord. 1821, eff. 6/17/93)

6-9.02 Adult Business Permit Required.

No person shall operate an Adult Business unless an Adult Business Permit has been obtained pursuant to this Chapter. (§3, Ord. 1821, eff. 6/17/93)

6-9.03 Application.

Any person desiring to operate an Adult Business shall apply for an Adult Business Permit by filing an application on a form provided by the Walnut Creek Police Department which shall contain the following information:

a. If the applicant is an individual, the applicant’s name, business and residence address, business and residence telephone numbers and age.

b. If the applicant is a partnership, the name of the partnership, the names of all partners and an indication of whether each partner is a general or limited partner.

c. If the applicant is a corporation, the name of the corporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers, directors and principal stockholders, and the name and address of the corporation’s agent for service of process.

d. The name under which the applicant intends to operate the business.

e. Any criminal convictions of the applicant or its Principals of any "Specified Criminal Act" within the past five years.

f. A list of the names and addresses of all other Adult Businesses currently or previously owned or operated by the applicant or its Principals.

g. Whether the applicant or its Principals have ever had an adult business permit or any similar permit denied, suspended or revoked by any government agency.

h. The applicant’s driver’s license number and federal tax identification number.

i. The address of the proposed business.

j. A sketch or diagram of the configuration of the proposed premises.

k. A detailed description of the nature of the proposed business, including types of products to be sold at retail and the type of entertainment or services to be offered.

l. The application shall be accompanied by a fee in an amount established by resolution by the City Council. (§3, Ord. 1821, eff. 6/17/93)

6-9.04 Issuance of Permit.

The Chief of Police shall approve or deny an application for an Adult Business Permit within 30 days of receipt of a complete application. The application shall be approved unless grounds for denial exist pursuant to this section. The application shall be denied for any of the following reasons:

a. The applicant is under 18 years of age.

b. The applicant or any of its Principals has previously operated an Adult Business in violation of any law.

c. The applicant has provided false information or failed to provide information required for the application.

d. Operation of the business would violate health, fire, building or other codes or laws.

e. The business does not comply with the Title 10 (Planning and Zoning) or any other provision of the Walnut Creek Municipal Code.

f. The applicant or any of its Principals has been convicted of a "Specified Criminal Act" within the past five years. (§3, Ord. 1821, eff. 6/17/93)

6-9.05 Expiration and Renewal.

Each Adult Business Permit granted pursuant to this chapter shall expire one year from the date of issuance. The Adult Business Permit may be renewed by filing an application pursuant to §6-9.03 provided such application is filed at least 30 days prior to the expiration of the permit. (§3, Ord. 1821, eff. 6/17/93)

6-9.06 Standards of Operation.

All Adult Businesses shall comply with the following standards of operation in addition to all other requirements provided by law.

a. The interior of an Adult Business shall not be visible from the exterior of the business.

b. All sexually-oriented graffiti shall be immediately removed from the interior or exterior of an Adult Business.

c. All areas within an Adult Business shall be illuminated at a minimum of 1.25 foot-candle, minimally maintained and evenly distributed at ground level.

d. No sexually oriented materials shall be permitted in restrooms.

e. No more than one person shall be permitted in any restroom at any time.

f. All public areas other than restrooms within an Adult Business shall be visible at all times from the sales desk or other location where an employee is present a majority of operating hours.

g. All live entertainment shall take place in an area which is at least six feet from all members of the public and which is separated by a railing or other physical barrier designed to obstruct any contact between any entertainer and the public.

h. The name and telephone number of the principal manager of the adult business shall be posted in a place visible to the public to permit the manager to be contacted in case of emergency.

i. Illegal activities shall not knowingly be permitted to occur on the premises. All measure necessary to eliminate illegal activities on the premises shall be taken as soon as they are known to exist.

j. All Adult Businesses shall permit law enforcement and code enforcement officers to inspect the premises at anytime without advance notice during normal business hours.

k. All Adult Businesses shall comply with, and not knowingly permit violations of, all laws regarding the protection of minors from harmful material.

l. All Adult Businesses shall take all reasonable measures necessary to control patrons’ conduct resulting in disturbances, vandalism, criminal activity or crowd control problems occurring inside of or outside the premises, traffic control problems, or creation of a public or private nuisance, or obstruction of the business operation of another business.

m. All off-street parking areas and building entries serving the Adult Business shall be illuminated at all times with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkway. (§3, Ord. 1821, eff. 6/17/93)

6-9.07 Grounds for Suspension.

a. Each of the following shall be grounds for suspending an Adult Business Permit:

1. Applicant has provided false information on application or information on application is no longer valid and updated information has not been provided within 30 days of receipt of a notice of request of such information.

2. Continued operation of the business would violate health, fire, building or other codes or laws.

3. Failure to correct any violation of any of the operating standard specified in §6-9.06 or of any condition of an Adult Business Permit imposed pursuant to this Chapter within 30 days of receipt of notice of such violation.

4. Violation of any provision of any other statute, ordinance or regulation applicable to the business.

5. Paragraph c above notwithstanding, refusal to allow an inspection of the premises as authorized in §6-9.06(j) above.

b. The suspension shall remain in effect until the violation in question as been corrected or the permit has expired, which ever occurs first. (§3, Ord. 1821, eff. 6/17/93)

6-9.08 Grounds for Revocation.

a. Each of the following shall be grounds for revocation of an Adult Business Permit:

1. If a cause for suspension in §6-9.07 occurs and the permit has already been suspended under §6-9.07 twice during the preceding twelve month period.

2. Circumstances on which the permit was issued have changed and the changes would have been grounds for denial of the original application. (§3, Ord. 1821, eff. 6/17/93)

6-9.09 Suspension or Revocation.

The Chief of Police may suspend or revoke an Adult Business Permit issued pursuant to this chapter for any of the reasons specified in §6-9.07 or §6-9.08. Prior to any such action, the Chief of Police shall schedule a hearing and provide at least ten days written or oral notice of the hearing and the reasons for considering such action. The permittee may submit written comments in advance of the hearing and/or appear and be heard at the hearing. (§3, Ord. 1821, eff. 6/17/93)

6-9.10 Appeals.

Any decision of the Chief of Police denying, suspending, conditioning or revoking an Adult Business Permit may be appealed by filing a notice of appeal with the City Manager. The notice of appeal shall be filed no later than 10 days after the decision by the Chief of Police. The City Manager or his or her designee shall uphold, modify or reverse the decision of the Chief of Police within 14 days following receipt of the notice of appeal. The City Manager or designee may determine the appeal based on the record without conducting a hearing and shall notify the appellant of the decision in writing. (§3, Ord. 1821, eff. 6/17/93)

6-9.11 Nontransferability of License.

An Adult Business Permit shall not be transferable. An Adult Business Permit shall be valid only for the applicant and the location specified in the application for the permit. (§3, Ord. 1821, eff. 6/17/93)

6-9.12 Judicial Review.

Judicial review of any decision made under this chapter may be obtained by filing a petition for writ of mandate in accordance with the provisions of §1094.5 of the Code of Civil Procedure. Any such petition shall be filed within ninety (90) days after the date the decision becomes final as provided in §1094.6 of the Code of Civil Procedure, which shall be applicable to such actions. (§3, Ord. 1821, eff. 6/17/93)

6-9.13 Penalty.

Any person who violates any provision of this chapter shall be guilty of a misdemeanor or an infraction.

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in §1-2.01 of this Code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or a fine not exceeding $1,000 or by both such fine and imprisonment. (§3, Ord. 1821, eff. 6/17/93)