(a)

The purpose of this chapter is to prevent communitywide adverse secondary effects which can be brought about by:

(1)

The concentration of adult entertainment businesses;

(2)

The close proximity of adult entertainment businesses to incompatible uses such as schools for minors, religious institutions, parks and residential uses; and

(3)

The unregulated operation of adult entertainment businesses.

(b)

These adverse secondary effects include, but are not limited to:

(1)

Depreciation in property values;

(2)

Increased vacancy rates in residential and commercial areas;

(3)

Increased criminal activity;

(4)

Increased litter, noise, and vandalism; and

(5)

Interference with the enjoyment of residential property in the vicinity of such businesses.

(Ord. No. 934-2015, § 19.26.010, 7-20-2015)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

Adult entertainment business means any of the following:

(1)

Adult entertainment arcade. The term "adult entertainment arcade" means an establishment where, for any form of consideration, as a regular and substantial course of conduct, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

(2)

Adult entertainment bookstore, adult entertainment novelty store, adult entertainment video store. The term "adult entertainment bookstore, adult entertainment novelty store or adult entertainment video store" means an establishment which as a regular and substantial course of conduct offers for sale, rent, or viewing for any form of consideration either adult entertainment material, adult entertainment merchandise or both.

(3)

Adult entertainment cabaret. The term "adult entertainment cabaret" means an establishment which serves food or beverages and which, for any form of consideration as a regular and substantial course of conduct presents live performances that either:

a.

Are characterized by specified sexual activities; or

b.

Feature any semi-nude person.

(4)

Adult entertainment hotel/motel. The term "adult entertainment hotel/motel" means a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:

a.

Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;

b.

Rents, leases or lets any single guestroom for less than any ten-hour period;

c.

Rents, leases or lets any single guestroom more than twice in any 24-hour period;

d.

Allows a tenant or occupant to subrent a guestroom for a time period of less than ten hours.

(5)

Adult entertainment motion picture theater. The term "adult entertainment motion picture theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.

(6)

Adult entertainment theater. The term "adult entertainment theater" means an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:

a.

Are characterized by specified sexual activities; or

b.

Feature any semi-nude person.

(7)

Modeling studio. The term "modeling studio" means an establishment which provides, for any form of consideration, semi-nude figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such considerations. This definition shall not include the following:

a.

Schools maintained pursuant to standards set by the state board of education; and

b.

Schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.

(8)

Sexual encounter center. The term "sexual encounter center" means a business, agency or person that, for any consideration or gratuity, provides a place where three or more persons (not members of the same family) may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

(9)

Any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment material means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, which is characterized by specified sexual activities or the exposure of specified anatomical areas.

Adult entertainment merchandise means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; adult entertainment vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

Characterized by an emphasis upon means the dominant or essential theme of the object described by such phrase.

Director means the economic development and planning manager of the city of Barstow, or his appointed designee.

Entertainer. Entertainer means a person who, for any form of consideration, performs at an adult entertainment business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the adult entertainment business.

Owner means the following:

(1)

The sole proprietor of an adult entertainment business;

(2)

Any general partner of a partnership which owns and operates an adult entertainment business;

(3)

The owner of a controlling interest in a corporation which owns and operates an adult entertainment business; and

(4)

The person designated by the officers of a corporation to be the permit holder for an adult entertainment business owned and operated by the corporation.

Park or sports facilities means a park, playground, swimming pool, golf course, recreational complex or athletic field within the city which is under the control, operation or management of the city or other public agency.

Peace officer has the meaning set forth in the California Penal Code.

Perform at an adult entertainment business means to engage in or participate in any live performance at an adult entertainment business that either:

(1)

Is characterized by an emphasis upon specified sexual activities; or

(2)

Features any semi-nude person.

Permittee means either of the following as appropriate to the context:

(1)

Any person who has been issued an adult entertainment business permit;

(2)

Any person who has been issued an adult entertainment business entertainer permit.

Person means, for the purpose of this chapter, any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

Regular and substantial course of conduct and regular and substantial portion of business means that any of the following conditions exist:

(1)

At least 20 percent of the stock-in-trade is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale business with no patrons on the premises.

(2)

At least 20 percent of the total display area is devoted to adult entertainment material, adult entertainment merchandise, or both; provided, however, that this criteria shall not apply to mail order business or wholesale business with no patrons on the premises.

(3)

The business presents any type of entertainment (live or otherwise) characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30-day period.

(4)

At least 20 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.

Religious institution means a structure which is used primarily for religious worship and related religious activities.

Residence or residential means a residential zoning district, home, abode or place where an individual is actually living at a specified point in time.

School means (i) any child or day care facility; and (ii) any institution of learning for minors (whether public or private) offering instruction in the courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education. However, it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as, portions of the body covered by supporting straps or devices.

Specified anatomical areas means the following:

(1)

Less than completely and opaquely covered human:

a.

Genitals or pubic region;

b.

Buttocks; and

c.

Female breasts below a point immediately above the top of the areola;

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(3)

Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) of this definition.

Specified sexual activities means the following, whether performed directly or indirectly through clothing or other covering;

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Excretory functions as part of, or in connection with, any of the other activities described in subsections (1) through (3) of this definition.

Substantially enlarged means the increase in floor area occupied by an adult entertainment business by more than ten percent of its floor area as it existed at the time an adult entertainment business permit was issued for the business.

(Ord. No. 934-2015, § 19.26.020, 7-20-2015)

Cross reference— § 5.50.040, Specific regulations, sidewalk vending, adult entertainment material.

(a)

Permit required. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business unless the owner of such business first obtains from the director, and continues to maintain in full force and effect, an adult entertainment business permit for such business.

(b)

Persons eligible. The owner of a proposed adult entertainment business shall be the only person eligible to obtain an adult entertainment business permit for such business. The owner shall not be eligible to obtain an adult entertainment business permit unless the owner is at least 18 years of age.

(c)

Application requirements. The following shall be submitted to the director at the time of application for an adult entertainment business permit.

(1)

A completed application form signed by: (i) the applicant; and (ii) either the record owner of the property or the lessor of the premises (if the business premises are leased to the applicant business) where the adult entertainment business is to be conducted;

(2)

The applicant's fingerprints on a form provided by the Barstow police department and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. The fingerprints and photograph shall be taken by the Barstow police department;

(3)

A letter of justification which describes the proposed adult entertainment business and how it will satisfy the requirements of this chapter;

(4)

A site plan designating the building and/or unit proposed for the adult entertainment business. The site plan shall include a dimensional interior floor plan which depicts how the business will comply with the requirements of this chapter. The site plan shall also include a diagram of the off-street parking areas required by section 19.06.050;

(5)

The names of all owners, employees, contract and freelance entertainers, independent contractors, and other persons who will perform at the adult entertainment business and who are required by this chapter to obtain an adult entertainment business entertainer permit;

(6)

A statement signed by the applicant certifying under penalty of perjury that all of the information submitted in connection with the application is true and correct to the best of the applicant's information and belief;

(7)

A nonrefundable application fee in an amount set by resolution of the city council.

(Ord. No. 934-2015, § 19.26.030, 7-20-2015)

The director shall, within 20 city business days of the filing of a complete application, approve and issue the adult entertainment business permit if the requirements of this chapter have been met, or deny the application. Failure of the director to approve or deny the application in 30 days of the applicant or license submittal shall result in the application or license being granted. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision. If the application is denied, the director shall attach to the notice a statement of the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested persons may appeal the decision of the director to the city council in accordance with section 19.26.220.

(Ord. No. 934-2015, § 19.26.040, 7-20-2015)

(a)

No person shall operate an adult entertainment business under the authority of an adult entertainment business permit at any place other than the address of the adult entertainment business stated in the application for the permit.

(b)

No adult entertainment business permit issued pursuant to this chapter shall be transferable.

(c)

Any attempts to transfer an adult entertainment business permit is declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

(Ord. No. 934-2015, § 19.26.050, 7-20-2015)

(a)

A adult entertainment business may be located in the industrial zoning district provided such business complies with all of the following requirements:

(1)

The adult entertainment business is not within 1,000 feet of any existing adult entertainment business located within or outside of the city;

(2)

The adult entertainment business is not within 1,000 feet of any residential zoning district or existing residence located within or outside of the city;

(3)

The adult entertainment business is not within 1,000 feet of any existing park or sport facility, religious institution, residentially zoned area or school located within or outside of the city; and

(4)

The adult entertainment business is not located within an area that is subject to a specific plan.

(b)

The distances set forth above shall be measured as a straight line from the primary entrance of the adult entertainment business to the property line of the property so used without regard to intervening structures.

(Ord. No. 934-2015, § 19.26.060, 7-20-2015)

(a)

No adult entertainment business shall be located in any temporary or portable structure.

(b)

Placement and construction of all trash enclosures shall be consistent with chapter 6.21 (Refuse and recycling enclosures) of this Code.

(c)

Installation of all landscaping and irrigation shall comply with all of the requirements identified under section 12.12.020 (Sight distance and height clearance), section 19.06.040 (Clear-sight/sight distance and height clearance) and section 19.06.080 (Landscaping) of the Barstow Municipal Code, City of Barstow Landscape Manual, Drought Tolerant Materials list and adopted irrigation details.

(d)

All exterior lighting shall be consistent with section 19.06.010 (Outdoor lighting). All off-street parking areas and premises entries of the adult entertainment business shall be illuminated from dusk to closing hours of operation. The lighting shall be shown on the site plan required by section 19.26.030(c)(4).

(e)

The premises within which the adult entertainment business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way or within any separate unit within the same building. All sound-absorbing insulation shall be installed per requirements identified in the current edition of the Uniform Building Code.

(f)

The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises.

(g)

Restrooms shall be provided based upon requirements contained within the current edition of the Uniform Building Code. All indoor areas of the adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(h)

All areas of the adult entertainment business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level and shall be consistent with requirements identified within the current edition of the Uniform Building Code:

(i)

The adult entertainment 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 restrooms for females, and female patrons and employees shall be prohibited from using the restrooms for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from adult entertainment material and adult entertainment merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a adult entertainment business which deals exclusively with sale or rental of adult entertainment material or adult entertainment merchandise which is not used or consumed on the premises.

(j)

All signs located upon the exterior of an adult entertainment business shall comply with section 19.06.060 (Signs) and any adopted sign policies.

(k)

Adult arcades shall comply with the following additional requirements:

(l)

The interior of the premises shall be configured in such a manner that from a manager's station there is an unobstructed view 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 designated manager's stations, then the interior shall be configured in such a manner that from at least one of the manager's stations there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The view required in this subsection must be direct line of sight from the designated manager's station.

(m)

The view specified in subsection (l) of this section shall at all times remain unobstructed by doors, walls, merchandise, display racks, or other materials.

(n)

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths.

(o)

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

(1)

Separate dressing room facilities for entertainers (exclusively dedicated to the entertainers' use) shall be provided.

(2)

An entrance/exit for entertainers, separate from the entrance/exit used by patrons, shall be provided.

(3)

Access between the stage and the entertainers' dressing room facilities, completely separated from the patrons, shall be provided. If such separate access is not physically feasible, a minimum three-foot wide walk aisle between the entertainers' dressing room facilities and the stage shall be provided. Such walk aisle shall contain a railing, fence or other barrier shall be at least 30 inches in height and shall be sufficient to prevent any physical contact between patrons and entertainers.

(Ord. No. 934-2015, § 19.26.070, 7-20-2015)

(a)

No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either:

(1)

Adult entertainment material;

(2)

Adult entertainment merchandise;

(3)

Specified sexual activities; or

(4)

Any semi-nude person.

This provision shall apply to any display, decoration sign, show window or other opening.

(b)

Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.

(c)

Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.

(d)

Patrons shall not be permitted access to any area of the adult entertainment business which has been designated as an area in which patrons will not be permitted.

(e)

No person under the age of 18 years shall be permitted within the adult entertainment business at any time.

(f)

The adult entertainment business shall maintain a security system that visually monitors and records all parking surfaces serving the business.

(g)

Security guards shall be employed in order to maintain the public peace and safety, based upon the following standards:

(1)

One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than 35 persons.

(2)

Security guards shall be: (i) certified by the state commission on peace officer standards and training; (ii) currently employed, off-duty peace officers; and (iii) uniformed in such a manner so as to be readily identifiable as a security guard by the public.

(3)

The security guards shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter, and with notifying the Barstow police department of any violations of law observed.

(4)

No security guard required pursuant to this subsection (g) shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

(h)

No adult entertainment business shall operate between the hours of 12:00 midnight and 8:00 a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.

(i)

No owner or other person with managerial control over an adult entertainment business shall permit any person on the premises of the adult entertainment business to engage in a live showing of specified anatomical areas.

(j)

Adult arcades shall comply with the following additional requirements:

(1)

No viewing room or video booth may be occupied by more than one person at any one time.

(2)

At least one employee shall be on-duty and stationed at each manager's station at all times that a patron is present inside the premises.

(3)

Customers, patrons or visitors shall not be allowed to loiter in either: (i) the vicinity of viewing rooms or booths; or (ii) the common area of the business.

(4)

Signs prohibiting loitering shall be posted in prominent places in and near viewing rooms and booths.

(5)

The floors, seats, walls and other interior portions of viewing rooms and booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls.

(k)

Adult cabarets and adult theaters, except for businesses regulated by the Alcoholic Beverage Control Commission, shall comply with the following additional requirements:

(1)

No entertainer shall perform except upon a stage which is both: (i) at least 18 inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.

(2)

No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.

(3)

No entertainer shall have physical contact with a patron before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

(4)

No patron shall have physical contact with an entertainer before, during or after performances. This subsection shall only apply to physical contact on the premises of the business.

(5)

No patron shall directly pay or give any gratuity to an entertainer.

(6)

No entertainer shall solicit any gratuity from a patron.

(Ord. No. 934-2015, § 19.26.080, 7-20-2015)

(a)

Maintenance. The owner of an adult entertainment business shall maintain complete records which can be segregated with regard to all transactions involving products, merchandise, services or entertainment which are characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas. Such records shall be sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for at least three years after the end of the calendar year for which the records were created.

(b)

Exemption. This section shall not be applicable to an adult entertainment business for which such transactions constitute less than 15 percent of the gross receipts of the business.

(Ord. No. 934-2015, § 19.26.090, 7-20-2015)

(a)

Maintenance. Every owner of an adult cabaret and every owner of an adult theater shall maintain on the premises of such business a register of all entertainers who perform at the business. Such register shall list each entertainer's legal name, stage names, and adult entertainment business permit number.

(b)

Annual filing. Every owner of an adult cabaret and every owner of an adult theater shall annually file with the director a copy of the register of entertainers who perform at the business. Such filing shall be accompanied by a statement, signed by the owner, that all of the information in the register is true and correct to the best of the owner's information and belief.

(Ord. No. 934-2015, § 19.26.100, 7-20-2015)

No permittee, owner, operator or other person in charge of an adult entertainment business shall allow any person to perform at the business unless such person is in possession of a valid adult entertainment business entertainer permit.

(Ord. No. 934-2015, § 19.26.110, 7-20-2015)

Every adult entertainment business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such business. The permit shall be displayed in a conspicuous place so that it may be readily seen by all persons entering the adult entertainment business.

(Ord. No. 934-2015, § 19.26.120, 7-20-2015)

The owner, operator, or other person in charge of an adult entertainment business shall allow city officers and their authorized representatives to conduct unscheduled inspections of the premises of the adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is open for business or occupied.

(Ord. No. 934-2015, § 19.26.130, 7-20-2015)

The requirements of this chapter shall be deemed conditions of adult entertainment business permit approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of an adult entertainment business permit.

(Ord. No. 934-2015, § 19.26.140, 7-20-2015)

(a)

Permits required. It is unlawful for any person to perform at an adult entertainment business unless such person first obtains from the director, and continues to maintain in full force and effect, an adult entertainment business entertainer permit.

(b)

Persons eligible. No person less than 18 years of age shall be eligible for an adult entertainment business permit.

(c)

Application requirements. The following shall be submitted to the director at the time of application for an adult entertainment business entertainer permit:

(1)

A completed application form signed by: (i) the applicant; and (ii) the owner of the adult entertainment business in which the applicant intends to perform;

(2)

The applicant's legal name and any other names (including stage names and aliases) used by the applicant;

(3)

Age, date and place of birth;

(4)

Height, weight, hair and eye color;

(5)

Present residence address and telephone number;

(6)

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in California Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 311.1, 311.2, 311.3, 311.4, 311.6, 311.10, 311.11, 313.1, 314, 647(a), 647(b) and 647(d), as those sections now exist or may hereafter be amended or renumbered;

b.

The equivalent of any of the aforesaid offenses if committed outside the State of California;

c.

Any offenses which would require the individual to register as a sex offender pursuant to California Penal Code § 290;

(7)

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

(8)

State driver's license or identification number;

(9)

Satisfactory written evidence that the applicant is at least 18 years of age;

(10)

The applicant's fingerprints on a form provided by the Barstow police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. The fingerprints and photograph shall be taken by the Barstow police department.

(Ord. No. 934-2015, § 19.26.150, 7-20-2015)

(a)

The director shall deny an application for an adult entertainment business entertainer permit for any of the following causes:

(1)

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;

(2)

The applicant is under 18 years of age.

(3)

The adult entertainment business entertainer permit is to be used for performing in a business prohibited by state or city law;

(4)

The applicant has been convicted of any of the offenses enumerated in section 19.26.150(c)(6)a or an equivalent offence committed outside the State of California; provided, however, that such conviction shall not be grounds for denial if the conviction occurred more than five years prior to the date of the application.

(b)

Only felony convictions for items noted under this section would result in denial of a permit.

(Ord. No. 934-2015, § 19.26.160, 7-20-2015)

(a)

The director shall, within three city business days of the filing of a complete application, approve and issue the adult entertainment business permit if there are no grounds for denial; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three city business days of the date of such decision.

(b)

If the application is denied, the director shall attach to the notice a statement for the reasons for the denial. The times set forth in this section shall not be extended except upon the written consent of the applicant. Any interested person may appeal the decision of the director to the city council in accordance with this chapter.

(Ord. No. 934-2015, § 19.26.170, 7-20-2015)

(a)

No adult entertainment business entertainer permit shall authorize the permittee to perform at a adult entertainment business other than the business stated in the application for the permit.

(b)

No adult entertainment business entertainer permit issued pursuant to this chapter shall be transferable.

(c)

Any attempt to transfer an adult entertainment business entertainer permit is declared invalid and the permit shall automatically become void effective the date of such attempted transfer.

(Ord. No. 934-2015, § 19.26.180, 7-20-2015)

Every entertainer shall have his adult entertainment business entertainer permit available for inspection at all times during which such entertainer is on the premises of the adult entertainment business at which the entertainer performs.

(Ord. No. 934-2015, § 19.26.190, 7-20-2015)

(a)

The director shall suspend or revoke an adult entertainment business permit for the following causes:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the city;

(2)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has knowingly failed to comply with any of the requirements of this section;

(3)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult entertainment business;

(4)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has committed a misdemeanor or felony in the conduct of the business;

(5)

The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of an adult entertainment business has failed to abide by any disciplinary action previously imposed by an authorized city official;

(6)

The approved use has been substantially enlarged without city approval.

(b)

The director shall suspend or revoke an adult entertainment business entertainer permit for the following causes:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the city;

(2)

The permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:

a.

Unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

b.

Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation;

c.

Any conduct constituting a criminal offense which requires registration under California Penal Code § 290;

d.

Lewdness, assignation, or prostitution, including any conduct constituting violations of California Penal Code §§ 315, 316, or 318 or subdivision b of § 647.

e.

An 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 Penal Code §§ 311 through 313.4.

f.

Any conduct prohibited by this section;

(3)

Failure to abide by an disciplinary action previously imposed by an authorized city official.

(Ord. No. 934-2015, § 19.26.200, 7-20-2015)

(a)

Notice. On determining that grounds for permit revocation exist, the director shall furnish written notice of the proposal suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the grounds upon which the propose suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least ten days prior to the hearing date.

(b)

Hearing. Hearings shall be conducted in accordance with procedures established by the director. All parties involved shall have a right to: (i) offer testimonial, documentary and tangible evidence bearing on the issues; (ii) be represented by counsel; and (iii) confront and cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(c)

Penalty. After holding the hearing in accordance with this section, upon determination that there are sufficient grounds for disciplinary action, the director shall impose one of the following penalties:

(1)

A warning;

(2)

Suspension of the permit for a specified period not to exceed six months;

(3)

Revocation of the permit.

The director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.

(Ord. No. 934-2015, § 19.26.210, 7-20-2015)

(a)

Who may appeal. Any interested person may appeal the director's issuance, denial of issuance, suspension or revocation of an adult entertainment business entertainer permit to the city council in accordance with the provisions of this section.

(b)

Appeal period. A written appeal petition must be filed with the city clerk within five working days after the decision of the director, provided, however, that if the five days expires on a date that city hall is not open for business, then the appeal period shall be extended to the next city business day. Failure to file a timely appeal petition deprives the city council of jurisdiction to hear the appeal.

(c)

Form of appeal petition. The appeal petition must indicate in what way the appellant contends the director's decision was incorrect or must provide extenuating circumstances which the appellant contends would justify reversal or modification of the director's decision.

(d)

Director's decision stayed. The effectiveness of any decision of the director to suspend or revoke an adult entertainment business permit or adult entertainment business entertainer permit shall be stayed during: (i) the appeal period set forth in subsection (b) of this section; and (ii) the pendency of any appeal.

(e)

City council consideration. The city council shall set the appeal for hearing and give notice of the date, time and place thereof in accordance with section 19.44.050(a).

(f)

City council decision. The city council shall render a decision on the appeal in accordance with section 19.44.050(b). No later than three city business days after the city council's decision, notice of the decision and a copy of the resolution shall be mailed by first class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure § 1094.6."

(g)

Judicial review. The appellant may seek judicial review of the city council's decision in accordance with California Code of Civil Procedure § 1094.5 et seq. or as otherwise permitted by law.

(Ord. No. 934-2015, § 19.26.220, 7-20-2015)

(a)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived in violation hereof shall be deemed a nonconforming use.

(b)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived which becomes nonconforming due to the location criteria enumerated in section 19.26.060 shall cease operation, or otherwise be brought into full compliance with the location criteria of this chapter, not later than 20 years following the effective date of the ordinance from which this chapter is derived.

(c)

Any adult entertainment business lawfully operating on the effective date of the ordinance from which this chapter is derived which becomes nonconforming due to either the design standards enumerated in section 19.26.070 or the performance standards enumerated in section 19.26.080 shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this chapter, not later than one year following the effective date of the ordinance from which this chapter is derived.

(d)

Any adult entertainment business lawfully operating on the date of being annexed by the city which becomes nonconforming due to the location criteria enumerated in section 19.26.060 shall cease operation, or otherwise be brought into full compliance with the location criteria of this chapter, not later than 20 years following the date of annexation.

(e)

Any adult entertainment business lawfully operating on the date of being annexed by the city which becomes nonconforming due to either the design standards enumerated in section 19.26.070 or the performance standards enumerated in section 19.26.080 shall cease operation, or otherwise be brought into full compliance with the design standards and performance standards of this chapter, not later than one year following the date of annexation.

(f)

An adult entertainment business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of: (i) a residential use within 1,000 feet of the adult entertainment business; or (ii) a park or sports facility, religious institution or school within 1,000 feet of the adult entertainment business. This exemption shall only apply if the adult entertainment business is continuous, which means that interruptions in use cannot exceed six months.

(Ord. No. 934-2015, § 19.26.230, 7-20-2015)

No permittee, operator or other person in charge of an adult entertainment business shall hire or allow any person who is not at least 18 years of age to enter or remain within the adult entertainment business. Any permittee, operator, or other person in charge of a business who allows any person who is not at least 18 years of age to enter or remain within the adult entertainment business shall be subject to civil fine not to exceed $10,000.00 per violation, suspension or revocation of the adult entertainment business permit, or both such fine and suspension or revocation.

(Ord. No. 934-2015, § 19.26.240, 7-20-2015)

No building, structure or other facility shall contain more than one type of adult entertainment business, as such types of adult entertainment businesses are defined in this chapter.

(Ord. No. 934-2015, § 19.26.250, 7-20-2015)

The provisions of this chapter regulating adult entertainment businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this Code or other law.

(Ord. No. 934-2015, § 19.26.260, 7-20-2015)

If the provisions of this chapter conflict with or contravene any other provisions of this Code, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. No. 934-2015, § 19.26.270, 7-20-2015)