The intent of this section is to regulate businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of sex-oriented businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of sex-oriented businesses, as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of sex-oriented businesses; and blighting conditions, such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects, and the blighting or degradation of the neighborhoods in the vicinity of the sex-oriented businesses.

   It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials, or to deny access by the distributors or exhibitors of sex-oriented businesses to their intended market.

   Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 5920 § 1 (part); June 8, 2004.)

   A.   "License Collector" means the License Collector of the City of Anaheim or his or her designee.

   B.   "Owner," "Permit Holder" or "Permittee" shall mean, for the purposes of this chapter, any of the following:

      (i)   The sole proprietor of a sex-oriented business; or

      (ii)   Any general partner of a partnership which owns and operates a sex-oriented business; or

      (iii)   The “Owner” of a controlling interest in a corporation which owns and operates a sex-oriented business; or

      (iv)   The person designated by the officers of a corporation to be the permit holder for a sex-oriented business owned and operated by the corporation.

   C.   "Specified Anatomical Parts" means:

      (i)   Less than completely and opaquely covered human genitals; pubic hair; cleft of the buttocks; perineum; anal region; pubic hair region; or female breast below a point immediately above the top of the areola; or

      (ii)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   D.   "Specified Sexual Activities" means:

      (i)   Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of clothed or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually-oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or

      (ii)   Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

      (iii)   Use of human or animal ejaculation; or

      (iv)   Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, cleft of the buttocks, anal region or female breast; or

      (v)   Masochism; erotic or sexually-oriented torture, beating or the infliction of pain; or

      (vi)   Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or

      (vii)   Human excretion, urination, menstruation, vaginal or anal irrigation; or

      (viii)   Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.

   E.   "Sex-Oriented Bookstore" means any establishment, which as a regular and substantial portion of its business, displays and/or distributes sex-oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical parts. See "Sex-Oriented Business" for definition of the term "regular and substantial portion of its business."

   F.   "Sex-Oriented Business" means any business establishment or concern which, as a regular and substantial course of conduct, performs or operates as a sex-oriented bookstore, sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex-oriented merchandise or sex-oriented material, or any other business or concern which, as a regular and substantial portion of its business, offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, but not including those uses or activities, the regulation of which is preempted by state law. "Sex-Oriented Business" also includes any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any public place in lingerie. As used in this chapter, the terms "Regular and Substantial Course of Conduct" and "Regular and Substantial Portion of its Business" shall mean any “Sex-Oriented Business” where one or more of the following conditions exist:

      (i)   The area(s) devoted to the display of sex- oriented merchandise and/or sex oriented material exceeds fifteen percent (15%) of the total display area of the business; or

      (ii)   The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any thirty-day period; or

      (iii)   At least fifty percent (50%) of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

   G.   "Sex-Oriented Cabaret" means a nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

   H.   "Sex-Oriented Material" means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical parts.

   I.   "Sex-Oriented Merchandise" means sex- oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

   J.   "Sex-Oriented Motion Picture Arcade" means any business establishment or concern containing any manually operated, coin- or slug-operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image-producing devices that are maintained to display images to five or fewer persons per machine, or per viewing room, at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

   K.   "Sex-Oriented Motion Picture Theater" means a business establishment or concern which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

   L.   "Sex-Oriented Theater" means a theater, concert hall, auditorium, or similar establishment which features live performances which are characterized by an emphasis on matter depicting, describing or relating to specified anatomical parts or by specified sexual activities.

(Ord. 5920 1 (part); June 8, 2004: Ord. 6461 § 23; April 16, 2019.)

   .010   Person(s) required to obtain a business license pursuant to the provisions of Chapter 3.04 (General Provisions) of Title 3 (Business Licenses) of this Code, for any business establishment which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts, as defined in Section 18.54.020 of this Code, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. The term "gross receipts" shall have the meaning set forth in subsection .070 of Section 3.04.010 (Definitions) of Title 3 (Business Licenses) of this Code. Such records shall be maintained for a period of at least three (3) years.

   .020   No person required to keep records under this section shall refuse to allow authorized representatives of the License Collector to examine the records at reasonable times and places.

   .030   This Section 18.54.025 shall not be applicable to a business establishment: (i) for which such transactions constitute less than fifteen percent (15%) of the gross receipts of the business; (ii) for which the owner has an application pending for, or has obtained, a sex-oriented business permit; or (iii) for which the owner has filed a sworn statement with the City giving the name and address of the owner's business and stating, under penalty of perjury, that the business is being run as a sex-oriented business within the meaning of this Code. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   Permit Required. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any sex-oriented business within the City of Anaheim, unless the owner of said business first obtains, and continues to maintain in full force and effect, both a sex-oriented business permit and a business license from the City of Anaheim for such business.

   .020   Persons Eligible. The owner of the proposed sex-oriented business, as defined in Section 18.54.020, shall be the only person eligible to obtain a sex-oriented business permit.

   .030   Application Requirements. The following information and items shall be submitted to the Planning Director by the owner at the time of applying for a sex-oriented business permit:

      .0301   A completed sex-oriented business permit application form, signed by the owner of the proposed sex-oriented business, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief.

      .0302   A non-refundable deposit or processing fee in the amount set by ordinance or resolution of the City Council.

      .0303   A letter describing the proposed business, and explaining how it will satisfy the applicable requirements set forth in subsection .050 of Section 18.54.030 of this chapter.

      .0304   A site plan designating the building and/or unit proposed for the sex-oriented business, and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter.

      .0305   All further information required upon the form of an application for a sex-oriented business permit provided by the Planning Director, as the same may be amended from time to time by the Planning Director.

   .040   Processing of Application.

      .0401   Within five (5) business days following the receipt of an application pursuant to this section, the Planning Director shall determine whether said application contains all information required by the provisions of this chapter. If it is determined that said application is not complete, the owner (as defined in Section 18.54.020) shall be notified in writing within said five (5) day period that such application is not complete, and the reasons therefor, including any additional information necessary to render the application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the application complete. Within five (5) business days following the receipt of any such amended application or supplemental information, the Planning Director shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon a determination that said application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the owner shall be notified in writing by the Planning Director that the application is complete. All notices required by this subsection shall be deemed given upon the date of either: (i) deposit of such notice in the course of transmission with the United State Postal Service, first class mail, postage prepaid, and addressed to the owner; or (ii) personal service of such notice upon the owner. Upon determination that the application is complete, the Planning Director shall immediately transmit such completed application to the City Hearing Officer appointed pursuant to the provisions of 1.12.100 (hereinafter the "Hearing Officer") for processing in accordance with paragraphs .0402 through .0405, inclusive, of this subsection .040.

      .0402   The Hearing Officer shall conduct a public hearing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits, as set forth in Chapter 18.60 (Procedures) of this Code, except that said public hearing shall be held within forty-five (45) calendar days following the date said application was deemed complete pursuant to paragraph .0401 above, unless the owner, or the owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and place of the hearing shall be given to the applicant at least fifteen (15) calendar days in advance of the date set for the public hearing. Said public hearing shall be completed by the Hearing Officer on the same date on which it is scheduled and held, unless continuance of said public hearing is expressly approved by the owner, or the owner's authorized representative, at or prior to the scheduled date of said public hearing.

      .0403   Within ten (10) calendar days following the completion of the public hearing specified in paragraph .0402 above, the Hearing Officer shall approve such application, if it is determined that the requirements of this chapter have been met, and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18.54.030.050 as hereinafter set forth; otherwise the application shall be denied. The Hearing Officer shall impose conditions upon such approval to assure compliance with the requirements of this chapter. In the event of denial of the application, the Hearing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in paragraph .0401 above. The decision of the Hearing Officer shall also be immediately transmitted to the Planning Director for issuance or denial of the permit. The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary.

      .0404   Immediately upon receipt of a decision by the Hearing Officer approving or conditionally approving such application, the Planning Director shall issue the sex-oriented business permit to the owner. Such permit shall be deemed subject to any conditions of approval imposed by the Hearing Officer pursuant to paragraph .0403, above.

      .0405   For purposes of any public hearing required pursuant to this chapter, the term "Hearing Officer" shall be deemed to refer to the City Hearing Officer.

      .0406   Notwithstanding anything herein to the contrary, when required, prompt judicial review shall be afforded, as provided by subsection 18.90.090.020 (Prompt Judicial Review) of Chapter 18.90 (General Provisions) this Code.

   .050   Requirements for Sex-Oriented Businesses. It shall be unlawful for any person or entity to own, operate or conduct any sex-oriented business, or for any person to engage or participate in any specified sexual activities or display or expose any specified anatomical parts, except in compliance with the requirements of this subsection .050 as hereinafter set forth. Notwithstanding the following requirements for location of a sex-oriented business: (i) any site for which a sex-oriented business permit has been issued by the City, which use has not been abandoned or discontinued for a continuous period of one hundred and eighty (180) days; or (ii) any site legally available as a potential location for a sex-oriented business as of October 28, 2003, shall remain available for such a business, even if the site would otherwise be disqualified by commencement of a new use subsequent to that date, other than a site which is disqualified by the legal establishment of a sex-oriented business.

      .0501   The sex-oriented business shall be located in a zone permitting the proposed use, provided the premises shall be located outside the boundaries of any redevelopment area established by ordinance of the City of Anaheim.

      .0502   The sex-oriented business shall not be located within four hundred (400) feet of any residential zone or residential use, whether such residential zone or use is within or outside the corporate boundaries of the City of Anaheim.

      .0503   The sex-oriented business shall not be located within one thousand (1,000) feet of any lot upon which there is located any religious institution, public park, any public or private elementary, secondary, middle, junior high, or high school, whether such use is within or outside the corporate boundaries of the City of Anaheim.

      .0504   The sex-oriented business shall not be located:

         .01   South of Crescent Avenue if located west of Gilbert Street; or south of La Palm Avenue if located east of Gilbert Street; or

         .02   East of Jefferson Street.

      .0505   Not more than two (2) sex-oriented businesses shall be located within any circular area having a radius of two thousand five hundred (2,500) feet. Further, such businesses shall be located either: (i) in contiguous building units sharing at least one common wall with another sex-oriented business; or (ii) upon contiguous parcels of property, each of which parcels is exclusively devoted to use as a sex-oriented business; or (iii) at least one thousand (1,000) feet from any other sex-oriented business.

      .0506   For the purposes of this subsection .050, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where said sex-oriented business is conducted to:

         (i)   the nearest property line of any lot zoned or used for residential uses other than a residential lot under resolution of intent to any non-residential zone; or (ii) the nearest property line of any lot upon which is located a religious institution, public park or school; or (iii) the nearest point of the premises of any other sex-oriented business. The word "Premises," for purposes of this Section 18.54.030, shall mean the building (if the sex-oriented business occupies the entire building), or separate portion of any building, used for a sex-oriented business.

      .0507   The sex-oriented business shall be conducted wholly within a building and shall not be located, in whole or in part, within any portable structure.

      .0508   At all times that the sex-oriented business is open to the public, there must be present and available on the premises a person who is the on-duty manager or on-duty acting manager of the business responsible for operation of the business, who shall be so identified as the on-duty manager or on duty acting manager by a badge bearing the word "MANAGER" in block capital letters not less than 1/4" in height, worn in a conspicuous and clearly visible location on the chest, and who shall have on his or her person a valid, unrevoked sex-oriented business employee identification card issued pursuant to the provisions of Section 18.54.035.

      .0509   The sex-oriented business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services, and shall not allow such activities on the premises.

      .0510   Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements:

         .01   At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. All security guards shall be licensed under the California State Private Security Services Act, Business and Professions Code Section 7580, et seq. No security guard required pursuant to this subparagraph shall act as a doorperson, ticket seller, ticket taker or admittance person, while acting as a security guard hereunder.

         .02   Landscaping shall conform to the standards established for the zone, except that, if the sex-oriented business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.

         .03   The entire exterior grounds, including the parking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles.

         .04   The premises within which the sex-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall complies with the requirements of Section 6.70.010 of Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code.

         .05   No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

         .06   For each door used as an entrance/exit to the business, permanent barriers shall be installed and maintained to screen the interior of the premises from public view.

         .07   All interior areas accessible to patrons shall be illuminated to the level established by resolution of the City Council for the type of use, based upon recommended standards established by the Illuminating Engineering Society of North America, a recognized technical authority on illumination, but in no event less than ten foot-candles, minimally maintained and evenly distributed at ground level.

         .08   It shall be the duty of the owner(s), and it shall also be the duty of all employees present on the premises, to insure that the illumination described above is maintained at all times that any patron is present on the premises.

      .0511   All indoor areas of the sex-oriented business accessible to the public within which patrons are permitted, except restrooms, shall be open to public view at all times. "Accessible to the Public" shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.

      .0512   Except as specifically provided in this chapter, the sex-oriented business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located.

      .0513   No sex-oriented material or sex-oriented merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business.

      .0514   No person under the age of eighteen (18) years shall be permitted within the premises at any time.

      .0515   The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.

      .0516   The sex-oriented business shall provide and maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from all sex-oriented materials and sex-oriented merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph .0516 shall not be applicable to a sex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sex-oriented bookstore, and which does not provide restroom facilities to its patrons or the general public.

      .0517   The location, configuration, size and appearance of the premises and the structure thereon, and the floor plan layout of the interior of the structure, including, if the sex-oriented business provides live entertainment, the seating arrangement therein, shall be as shown on the site plan and floor plans approved in connection with approval of the sex-oriented business permit. No modification of said site plan and/or floor plans, including alteration in the configuration or location of a manager's station(s), which would interfere with enforcement of this chapter, or obstruct the view of areas accessible to the public, shall be made unless the owner first obtains a modification of the sex-oriented business permit, in accordance with the procedures for obtaining a sex-oriented business permit set forth in this Section 18.54.030. No modification of said site plan and/or floor plans which would result in a violation of the provisions of this chapter shall be permitted.

      .0518   "Individual Viewing Area" shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the sex-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas.

      .0519   The following additional regulations shall pertain to sex-oriented businesses which provide more than one viewing area:

         .01   Upon application for a sex-oriented business permit, the application shall be accompanied by a diagram of the premises, showing a plan thereof, specifying the location of one or more manager's stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area, with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the sex-oriented business permit and City business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object, and shall be drawn to a designated scale, with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches.

         .02   It is the duty of the owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

         .03   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 area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more manager's stations designated, then 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, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

         .04   It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subparagraph .05 remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times, and to insure that no patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph .01 of this paragraph .0519.

         .05   No individual viewing area may be occupied by more than one (1) person at any one time.

      .0520   The following additional requirements shall pertain to sex-oriented businesses providing live entertainment revealing or depicting specified anatomical parts or involving specified sexual activities:

         .01   No person shall perform, and no owner, operator, or manager of a sex-oriented business shall permit, live entertainment revealing or depicting specified anatomical parts or engaging in specified sexual activities for patrons of a sex-oriented business except where:

            (a)   Performed upon a stage located at least eighteen (18) inches above the level of the floor; and

            (b)   A distance of at least six (6) feet, measured horizontally, is maintained between the nearest area occupied by patrons and the portion of the stage occupied by an entertainer, at all times during which such entertainer is revealing or depicting specified anatomical parts or engaging in specified sexual activities.

            (c)   Notwithstanding any other provision of this chapter, any sex-oriented business lawfully in existence and providing live entertainment revealing or depicting specified anatomical parts upon a stage prior to July 20, 1993 (the "Legal Nonconforming Business"), which stage and the patron seating area therefor have been lawfully in existence, without material modification thereto, since prior to October 5, 1993 (the "Preexisting Stage and Seating Area"), and which "Preexisting Stage and Seating Area," or any portion thereof, must be reconstructed, reconfigured or modified to conform to the requirements of this subparagraph .01 (the "Required Remodeling"), and which “Required Remodeling” necessarily results in the reduction of usable patron seating area and the number of seats having a view of the stage, may reconfigure the usable patron seating area, by the addition thereto of a replacement area and replacement number of patron seats not greater than the size of the area and number of patron seats lost as a result of the “Required Remodeling.” Nothing contained herein shall authorize an increase in the total available square footage of patron seating area, or an increase in the total available number of patron seats having a view of the stage, above the respective amounts which lawfully existed prior to the required remodeling.

         .02   The sex-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

         .03   The sex-oriented business shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.

         .04   No patron, guest or invitee shall directly pay or give any gratuity to any entertainer who engages in any specified sexual activities or displays any specified anatomical parts in a sex-oriented business, and no such entertainer shall directly accept any pay or gratuity from any patron, guest or invitee of the sex-oriented business.

         .05   No entertainer shall have physical contact with any patron, and no patron shall have physical contact with any entertainer, while on the premises, 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 such other person's body either before, during or after performances by such entertainer.

         .06   No waiter, waitress, entertainer or other person employed on the premises as an employee or as an independent contractor shall violate the provisions of Section 7.16.060 (Public Nudity–Prohibited) of Title 7 (Morals and Conduct) of the Anaheim Municipal Code while on the premises.

         .07   Fixed rail(s) at least thirty (30) inches in height shall be maintained, establishing the separations between entertainers and patrons required by this paragraph .0520.

         .08   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 area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's stations designated, then 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, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

         .09   It shall be the duty of the owner(s), and it shall also be the duty of all employees present on the premises, to insure that the view area specified in subsection .08 remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times, and to insure that no patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 18.54.030.030.

         .10   No entertainer shall be permitted to perform, unless the entertainer has readily available on the premises a valid sex-oriented business employee identification card, as required by Section 18.54.035.

         .11   The owner shall keep on the premises available for inspection a copy of each entertainer's, and of each manager and/or acting manager's sex-oriented business employee identification card.

      .0521   Signage shall conform to the standards applicable to the zone, except that such signs: (i) shall contain no sign copy other than the business name and the street address, and the notice required by subsection 18.54.040.010 on the entrance door to the premises; (ii) shall contain no flashing lights; and (iii) shall contain no photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, which depict the human body or anatomy, or any portion thereof, whether clothed or unclothed, including without limitation representations that depict specified anatomical parts or specified sexual activities. No banners or other temporary signs shall be placed anywhere upon or within the premises in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business.

      .0522   The foregoing applicable requirements of this subsection .050 shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for: (i) revocation of the sex-oriented business permit issued pursuant to this chapter; and/or (ii) enforcement pursuant to Section 18.54.100 of the Anaheim Municipal Code, regardless of whether such business, person or entity has been issued a sex-oriented business permit.

      .0523   Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the sex-oriented business permit. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 74, 74; June 5, 2012: Ord. 6382 § 19; October 18, 2016.)

   .010   Identification Card Required for Entertainers, Managers and Acting Managers.

      .0101   The terms "Entertainer" and "Performer" are used interchangeably throughout Chapter 18.54, and refer to persons who publicly perform specified sexual activities or publicly display specified anatomical parts in a sex-oriented business (as those terms are defined in Section 18.54.020), whether such person is characterized as an employee, independent contractor, volunteer or otherwise.

      .0102   No person shall perform or provide any entertainment in any sex-oriented business within the city of Anaheim, whether as an employee, independent contractor, volunteer or otherwise, which entertainment involves the display of any specified anatomical parts by such person or the engagement in any specified sexual activities by such person, unless such person has in his or her immediate possession a valid, unrevoked, sex-oriented business employee identification card issued pursuant to the provisions of this section. The identification card required by this subsection shall be deemed in the person's immediate possession for purposes hereof only if said identification card is either carried on the person of the entertainer, or is located upon the premises of the sex-oriented business and is capable of being immediately located and produced by the entertainer, at any time said person is on the premises of the sex-oriented business, and during or following the performance of any entertainment of such person involving the display of specified anatomical parts or engagement in specified sexual activities.

      .0103   No person shall fulfill the capacity of manager or acting manager in any sex-oriented business within the City of Anaheim, whether as an employee, independent contractor, volunteer or otherwise, unless such person has in his or her immediate possession a valid, unrevoked, sex-oriented business employee identification card issued pursuant to the provisions of this section.

   .020   Application for Identification Card. Before any applicant may be issued a sex-oriented business employee identification card, the applicant shall submit, on a form to be provided by the City Manager or his or her designee, the following information:

      .0201   The applicant's name and any other names (including stage names or aliases, if any) used by the applicant;

      .0202   Age, date and place of birth;

      .0203   Height, weight, hair and eye color;

      .0204   Present residence address and telephone number;

      .0205   Present business address and telephone number;

      .0216   State driver's license or identification number, or other identification card bearing a photograph and a birth date issued by a government entity, or other acceptable written proof of identity and specifying that the individual is at least eighteen (18) years of age.

      .0217   A photograph and a complete set of fingerprints taken by the Anaheim Police Department.

      .0218   Name and address of sex-oriented business(es) in the city of Anaheim where the applicant proposes to provide services.

   .030   Payment of Fee. Each applicant shall pay a permit fee, as established by resolution of the City Council, to cover reasonable administrative costs of the licensing application process.

   .040   Applicants for an identification card shall have a continuing duty to promptly supplement application information required under this section, if said information changes in any way from what is stated in the application, within thirty (30) days from the date of such change, by supplementing the application on file with the City Manager or his or her designee.

   .050   Issuance of Temporary Identification Card. The City Manager or his or her designee shall determine if the application is complete within two business days after the filing of an application. If the application is complete, the City Manager or his or her designee shall issue a temporary sex-oriented business employee identification card, which shall remain valid until the application is processed and a final decision is made pursuant to subsection .050. If the application is not complete, the City Manager or his or her designee shall notify the applicant, in writing, within two business days following submittal of the application, and list the information necessary to complete the application.

   .060   Processing of Application. The City Manager or his or her designee shall refer the completed sex-oriented business employee identification card application to the Anaheim Police Department for an investigation to be made of such information as is contained in the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the City Manager or his or her designee shall issue an identification card, unless the report from the Police Department finds that one or more of the findings in paragraphs .0601 through .0603 is true.

      .0601   The applicant has knowingly made a false, misleading or fraudulent statement of a material fact in the application for an identification card, or in any report or record required to be filed with the Police Department or other department of the city.

      .0602   The applicant is under eighteen (18) years of age.

      .0603   The sex-oriented business employee identification card is used, or proposed to be used, for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a provision of this chapter.

   .070   Duration of Identification Card. The sex-oriented business employee identification card shall remain valid for a period of one year, unless sooner terminated based upon a report from the Police Department that one or more of the findings in paragraphs .0601 through .0603 is true.

   .080   Renewal of Identification Card.

      .0801   An identification card granted pursuant to this Section shall be subject to renewal by the City Manager or his or her designee, upon the written application of the applicant, and a finding by the City Manager or his or her designee that the applicant has not committed any act during the existence of the previous identification card period which would be grounds to deny the initial permit application.

   .0802   The renewal of the identification card shall be subject to payment of a fee as set by a resolution of the City Council. (Ord. 5646 § 2; September 1, 1998: Ord. 5920 1 (part); June 8, 2004: Ord. 6585 § 1; July 23, 2024.)

   .010   Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of a sex-oriented business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sex-oriented business.

   .020   Responsibility for Excluding Minors and Intoxicated Persons.

      .0201   Every person having responsibility for the operation of a sex-oriented business who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly allows such minor to enter or remain on the premises of the business is guilty of a misdemeanor.

      .0202   Every person having responsibility for the operation of a sex-oriented business who allows any obviously intoxicated person to enter or remain on the premises of the business is guilty of a misdemeanor.

      .0203   For purposes of this section, the holder of a sex-oriented business permit when present on the premises, and the manager or other person(s) in charge of the premises, are “Persons Having Responsibility for the Operation of the Business.” The term "Minor" shall mean any person under the age of eighteen (18) years. (Ord. 5920 § 1 (part); June 8, 2004.)

   A sex-oriented business permit shall be valid from the date of permit approval as long as the applicant remains in compliance with the conditions of the permit and the provisions of Chapter 18.54. (Ord. 5920 § 1 (part); June 8, 2004.)

   Any change or alteration in the location or nature of the sex-oriented business, or any change of operation, including modification of site plan and/or floor plans, and alteration in the configuration or location of a manager's station(s), which would interfere with enforcement of Chapter 18.54 or obstruct the view of areas accessible to the public, will require a new application to be processed in the same manner as the original application. No change or alteration which would result in a violation of the provisions of this chapter shall be permitted. (Ord. 5920 § 1 (part); June 8, 2004.)

   .010   No sex-oriented business permit shall be sold, transferred or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, without compliance with the provisions of subsection 18.54.070.020, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. A sex-oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above.

   .020   The Planning Director or his or her designee shall issue an amendment to the permit substituting the transferee, if the following requirements are met:

      .0201   The permit holder submits a request to the Planning Director requesting the transfer.

      .0202   The transferee has completed and properly filed an application for a sex-oriented business permit, on the form provided by the city, with the Planning Director or his/her designee, setting forth the information called for under Section 18.54.030.

      .0203   The sex-oriented business is not in violation of the provisions of this chapter.

      .0204   The transferee pays a transfer fee in the amount set by resolution of the City Council.

      .0205   The permit holder has not been notified by the City that revocation proceedings have been or will be brought against the permit holder.

   .030   If the decision of the Planning Director is that the transfer does not meet the requirements of subsection .020, the Planning Director shall furnish written notice of the decision within ten (10) business days of the submittal of the completed application for a transfer, summarizing the reasons for the denial of the transfer. The permit holder may file a request for a hearing with the Planning Director, utilizing the procedures and time limitations for a permit revocation set forth in Section 18.54.080.

   .040   Any change in the nature or composition of the sex-oriented business from one type of sex-oriented business use to another type of sex-oriented business use shall render the permit null and void.

   .050   A sex-oriented business permit shall be valid only for the exact location specified in the permit.

   .060   The transfer of a permit for a sex-oriented business permit shall not impact or impair in any way the City's right to revoke or terminate the sex-oriented business permit for any reason permitted by this chapter, including grounds which existed prior to the transfer of the permit. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 76; June 5, 2012.)

   .010   The permit holder shall allow officers of the City of Anaheim, and their authorized representatives, to conduct reasonable, unscheduled inspections of the premises of the sex-oriented business, for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied; provided, whenever any City official relies upon this section to gain access to the permit holder's establishment without paying any otherwise applicable admission fee or cover charge, any person employed by the permit holder to collect such admission fees or cover charges, may require such official, before admitting such official to the establishment, to produce identification indicating the official's name, branch of City government by which such official is employed, and the job title such official holds within that branch of City government.

   .020   The Planning Director shall revoke a sex-oriented business permit when:

      .0201   Any of the applicable requirements contained in Section 18.54.030 ceases to be satisfied, as set forth in paragraph .0206;

      .0202   The application is discovered to contain incorrect, false or misleading information;

      .0203   The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;

      .0204   If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection .0203 above, or for violation of paragraph .0520, subparagraphs .01, .04, .05 and/or .06 of subsection 18.54.030.050, as a result of such person's activity on the premises or property on which the sex-oriented business is located, and the person or persons were employees, contractors or agents of the sex-oriented business at the time the offenses were committed;

      .0205   If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

      .0206   The sex-oriented business has been operated in violation of any of the requirements of this chapter and: (i) if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the owner; or (ii) if the violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to owner) within any twelve (12) month period.

      .0207   Notwithstanding the foregoing, a permit shall not be revoked for a violation of Section 18.54.030.050.0514, if the accused can show, by clear and convincing evidence, that he or she did not know, and could not reasonably have learned, that the person on the premises was under 18 years of age.

   .030   Upon determining that grounds for permit revocation exist, the Planning Director shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex-oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permit holder as that name and address appear on the permit. Within fifteen (15) calendar days after the later of the mailing or posting of the notice, the permit holder may file a request for hearing with the Planning Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Planning Director shall transmit the request to the City Hearing Officer to provide a hearing, as set forth in subsection 18.54.080.040 of this chapter.

   .040   The Hearing Officer shall conduct a public hearing upon the proposed revocation of the sex-oriented business permit, within forty-five (45) calendar days of the filing of such request by the permit holder. Notice of said public hearing shall be given in the manner provided for conditional use permits, as set forth in Chapter 18.60 (Procedures) of this Code, except that said public hearing shall be held within forty-five (45) calendar days following the filing of such request by the permit holder, unless the owner, or the owner's authorized representative, expressly agrees to an extension of such period of time. At the hearing, the permit holder and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Hearing Officer.

   .050   Within ten (10) calendar days after the hearing, the Hearing Officer shall decide whether the grounds for revocation exist. If grounds for revocation exist, the Hearing Officer shall revoke the permit, specifying in writing the grounds upon which the permit is revoked. Notice of the decision of the Hearing Officer shall be given in writing to the permit holder by certified mail, postage prepaid, and to any other person or entity expressly requesting notice thereof. The decision of the Hearing Officer shall also be immediately transmitted to the Planning Director. The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary.

   .060   No application for a sex-oriented business permit shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which a sex-oriented business permit has been revoked within the preceding three (3) year period.

   .070   The status quo shall be maintained, pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained, until such time as a judicial decision is rendered from the court in which the action is filed. Notwithstanding the foregoing, if operation of the business constitutes a danger to public health or safety, the city may seek an order from a court of competent jurisdiction authorizing immediate closure of the business. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 77 - 79; June 5, 2012.)

   .010   Any sex-oriented business lawfully existing on July 20, 1993, which becomes a nonconforming use by reason of the adoption of this chapter, shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than either: (i) November 1, 1995; or (ii) six months following the date of written notice, as provided in subsection .020 below, whichever is later (the "Amortization Period"), unless sooner terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more, or unless an additional extension of said “Amortization Period” is granted upon application therefor filed pursuant to subsection .030 of this Section 18.54.090. No nonconforming use shall be increased, enlarged, extended or altered, except that the use, or any portion thereof, may be changed to a conforming use. If two or more sex-oriented businesses are located within one thousand (1,000) feet of each other on the effective date of this chapter, the sex-oriented business first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of paragraph 18.54.030.050.0504, and the later established use(s) shall be deemed nonconforming to the locational requirement for purposes of this Section 18.54.090.

   .020   Any sex-oriented business, which becomes a nonconforming use by reason of the adoption of this chapter, shall be notified in writing of its nonconforming status by the Planning Director of the City of Anaheim, by certified mail or personal service. Such notice shall be given within six (6) months following the effective date of this chapter or, upon any later discovery by the City of the existence of a nonconforming sex-oriented business, within a reasonable time thereafter. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also identify the applicable amortization period, as provided in subsection .010 above, and include a copy of this Section 18.54.090, describing the process for requesting an extension of such amortization period. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to this Section 18.54.090.

   .030   Any application for an extension of the amortization period set forth in subsection .010 of this section must be filed by either the owner of the property upon which the business is located, the owner of the business, or the holder of the business license for the business, not later than either: (i) May 1, 1995; or (ii) within sixty (60) calendar days following the date of receipt of the notice from the Planning Director specified in subsection .020 above, whichever date is later. Such application shall be made in writing to the Planning Director, shall include all of the information required by subsection .040 below, and shall be accompanied by the required application fee, as established by ordinance or resolution of the City Council. The amortization period specified in subsection .010 above shall be final and conclusive for all purposes in the absence of a timely filed extension application pursuant to this subsection .030.

   .040   Not later than thirty (30) calendar days after submittal of an application to extend the amortization period, the Planning Director shall notify the applicant, in writing, if the application is not complete and specify the reasons therefor. A complete application shall include: (i) a written request for an extension of the amortization period, which specifies the additional length of time requested for amortization of the existing use and the justification therefor, including but not necessarily limited to, information relevant to the criteria for such extension as listed in subsection .060 below; (ii) the signature of the applicant, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief; and (iii) the required application fee. If the application is not complete, the Planning Director shall specify in writing those portions which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete. Upon receipt of notice that the application is incomplete, the applicant shall have thirty (30) calendar days to submit a revised application or the required additional information. If the applicant fails to submit a revised application or the additional information required by the notice of insufficiency prior to the expiration of said thirty (30) day period, the application shall be deemed withdrawn, and the amortization period specified in subsection .010 above shall be final and conclusive for all purposes. If the applicant submits a revised application or the additional required information to the Planning Director within the time period, the Planning Director shall again review the sufficiency of the application within the time and manner set forth in this subsection .040.

   .050   Within thirty (30) calendar days following the receipt of a completed application, the Planning Director shall transmit the application and file to the City Hearing Officer. The Hearing Officer shall, within twenty (20) calendar days thereafter, conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the owner of the business, the holder of the business license for the business, and the Planning Director. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendar days prior to the date of the hearing. Such notice shall specify the date, time, place and subject matter of the hearing.

   .060   At the hearing, the Hearing Officer shall receive the evidence and testimony regarding the criteria set forth in this subsection, and shall determine whether the business has been provided a reasonable amortization period commensurate with the investment involved. If the Hearing Officer determines that the amortization period specified in subsection .010 above is not reasonable, the Hearing Officer shall prescribe a reasonable amortization period commensurate with the investment in the business. The criteria to be used by the Hearing Officer in making such determination shall be as follows:

      .0601   The owner's financial investment in the business prior to the date of notice, pursuant to subsection .020 above.

      .0602   The present actual and depreciated value of the business improvements.

      .0603   The applicable Internal Revenue Service depreciation schedules for such improvements.

      .0604   The remaining useful life of the business improvements.

      .0605   The extent to which the business fails to comply with all applicable requirements of Chapter 18.54.

      .0606   The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of its adoption, and with which such business previously failed to conform, including the cost incurred for any such improvements.

      .0607   The remaining term of any lease or rental agreement under which the business is operating.

      .0608   The date upon which the owner first received notice of the nonconforming status of the business pursuant to subsection .020 above.

      .0609   Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring it to be relocated, and the cost of complying with such requirements.

      .0610   Whether the business must be discontinued at the present location in order to comply with the requirements of this chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation.

      .0611   The ability of the owner to change the business to a conforming use.

   .070   Within fifteen (15) calendar days following the date of the hearing (or any extension of such hearing as approved by the applicant), the Hearing Officer shall mail by first class mail, postage prepaid, a written copy of his or her decision, regarding such application, to the owner of the property upon which the business is located, the owner of the business, the holder of the business license, and to any other person who has theretofore made written request to the Hearing Officer for notice of such decision. The decision shall include written findings in support of his or her determination to grant or deny an extension of the amortization period. Approval of any extension of the amortization period specified in subsection .010 may be conditioned upon phased compliance with certain requirements of this chapter by various dates. Failure to comply with any such conditions or requirements of the extension within the time limit(s) specified in the extension decision shall be deemed an automatic expiration of the amortization period without further notice, hearings or orders; provided, however, in no event shall such amortization period expire prior to the date set forth in subsection .010 above. The decision of the Hearing Officer shall be based upon the evidence presented at the hearing.

   .080   The decision of the Hearing Officer may be appealed to the Planning Commission by any person, by the filing of a written notice of appeal with the Planning Commission Support Supervisor not later than ten (10) calendar days following the date of mailing of such decision by the Hearing Officer. In the absence of a timely filed appeal, the decision of the Hearing Officer shall be deemed final and conclusive.

   .090   Upon the receipt of a timely filed appeal, the decision of the Hearing Officer shall be deemed vacated, and the Planning Commission Support Supervisor shall notify the Hearing Officer, who shall immediately transmit the file of such proceedings to the Planning Commission Support Supervisor. The Planning Commission Support Supervisor shall schedule a hearing, which shall be held by the Planning Commission not later than thirty (30) calendar days following the date of filing of the appeal. Such hearing shall be a de novo hearing, and shall be conducted in the same manner and within the same time limits as set forth in subsections .050 through .080 above, except that the Planning Commission shall substitute for the Hearing Officer. The decision of the Planning Commission upon any such appeal shall be final and conclusive.

   .100   No sex-oriented business which was rendered nonconforming by the adoption of this chapter shall continue to be operated in the City of Anaheim without complying with all of the provisions of this chapter, otherwise applicable to such sex-oriented business, following expiration of the amortization period set forth in subsection .010 above or any extension thereof specifically approved for such sex-oriented business pursuant to this Section 18.54.090.

   .110   A sex-oriented business lawfully operating as a conforming use is not rendered a nonconforming use solely by reason of the subsequent establishment of a religious institution, public or private elementary, secondary, middle, junior high or high school, or park within one thousand (1,000) feet, or a residential zone or a residential use within four hundred (400) feet, of the sex-oriented business.

   .120   Notwithstanding any other provision of this Section 18.54.090 to the contrary, any sex-oriented business which either: (i) was lawfully existing on July 20, 1993, and has continued to lawfully exist at the same location since such date; or (ii) obtained a sex-oriented business permit issued by the Planning Director prior to the effective date of this subsection, and has continued to comply with all terms and conditions of such permit and any renewal thereof, shall be deemed exempt from the locational requirements set forth in paragraphs .0501 through .0506, inclusive, of subsection .050 of Section 18.54.030 of this chapter (the "locational requirements"), and from the signage requirements set forth in subparagraph .07 of paragraph .0510 of subsection .050 of Section 18.54.030 of this chapter (the "signage requirements"), and said use shall not be required to be discontinued or relocated because of such location or signage requirements. Any such existing, legal nonconforming use shall comply with all of the other provisions of this chapter, except the locational and signage requirements, within the time and manner otherwise provided in this Section 18.54.090. No such legal nonconforming use shall be: (i) increased, enlarged, extended or expanded in size, area or seating; or (ii) changed, converted or altered from one type or category of sex-oriented business to a different type or category of sex-oriented business, as such types and categories of businesses are defined in Section 18.54.020 of this chapter, without complying with said location requirements. No signage of any such legal nonconforming use shall be increased, enlarged, extended, expanded, relocated, reconstructed or in any way altered or changed (except for name changes), without such changes complying with said signage requirements. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 80 - 84; June 5, 2012.)

   Failure to comply with any requirement of this chapter shall constitute a violation of this chapter. In addition to any other remedies provided by law or set forth in this chapter, operation of a sex-oriented business by any person, including licensees and/or their agents and employees, independent contractors and/or volunteers, without a valid sex-oriented business permit authorizing said operation shall be a misdemeanor punishable as set forth in Section 1.01.370 (Violations of Code–Penalty) of Chapter 1.01 (Code Adoption and Construction). Violations of this chapter, other than a operation of a sex-oriented business without a permit, shall not constitute a misdemeanor or infraction, but may be enforced by any other remedy at law or equity. In addition to any other available remedy, any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such sex-oriented-oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter. Neither the provisions of this section, nor any other provision of this chapter, is intended to authorize, legalize, or permit the establishment, operation or maintenance of any business, building, or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. (Ord. 5920 § 1 (part); June 8, 2004.)