It is the purpose and intent of this Chapter to provide for the reasonable and uniform regulation of adult-oriented businesses in the City. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Chapter to establish criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values.

   A.   The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or daycare centers, thereby having a deleterious effect upon the adjacent areas.

   B.   It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary.

   C.   The need to regulate the proximity of adult-oriented businesses to sensitive land uses such as residential, religious, educational, recreational, and other adult-oriented businesses is documented in studies which were the basis of the time, place, and manner of the restrictions contained in this Chapter.

   D.   The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution. (Ord. 1260, 9-17-1996)

   A.   An "adult-oriented business" is any business where employees or patrons expose "specified anatomical areas" or engage in or simulate "specified sexual activities", or any business which offers to its patrons services or entertainment or goods characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to "specified sexual activities" or "specified anatomical areas".

Adult-oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients. Adult-oriented businesses also do not include athletic or exercise facilities where "specified anatomical areas" may be exposed within a single-sex locker room or similar facility used for changing clothing. An adult-oriented business also does not include a bona fide "theater", as defined herein. An adult-oriented business also does not include bona fide "motion picture/television production facilities", as defined in Section 15-1-6 of this Title.

   B.   In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. "Substantial" conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to "specified sexual activities" or "specified anatomical areas". Isolated instances of conduct or activities described in this Section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.

   C.   Adult-oriented businesses include, but are not limited to, the following:

      1.   Adult Arcade: An "adult arcade" shall mean any place to which the public is permitted or invited wherein coin-operated or slug- operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projections, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".

      2.   Adult Bookstore: "Adult bookstore" is an establishment which has, as a significant portion of its stock-in-trade, floor area, or revenue derived from and offering for sale for any form of consideration, any one or more of the following:

         a.   Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of "specified anatomical areas" or "specified sexual activities".

         b.   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

         c.   Goods which are replicas of, or which simulate, "specified anatomical areas" or "specified sexual activities", or goods which are designed to be placed on or in "specified anatomical areas", or to be used in conjunction with "specified sexual activities".

      3.   Adult Cabaret: An "adult cabaret" is a bar, nightclub, or similar establishment which features dancers, strippers, or similar entertainers who expose "specified anatomical areas".

      4.   Adult Motel: An "adult motel" means a hotel, motel, or similar commercial establishment which:

         a.   Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; and/or

         b.   Offers a room for rent for a period of time that is less than ten (10) hours; and/or

         c.   Allows a tenant or occupant of a room to sub-rent the room for a period of time that is less than ten (10) hours.

      5.   Adult Motion Picture Theater: An "adult motion picture theater" shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions or description of "specified sexual activities" or "specified anatomical areas".

      6.   Adult Tanning Salon: An "adult tanning salon" or "parlor" shall mean a business establishment where patrons receive tanning services and patrons and/or owners, agents and/or employees of the establishment expose specified anatomical areas.

      7.   Adult Theater: An "adult theater" is any place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by an emphasis on depicting, exposing, describing, or relating to "specified sexual activities" or "specified anatomical areas". An "adult theater" shall not mean a bona fide "theater", as hereinafter defined.

      8.   Nude Model Studio: A "nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration, except photography conducted at bona fide "motion picture or television production facilities" as defined in Section 15-1-6 of this Title. "Nude model studio" shall not include any classroom of any school licensed under State law to provide art education, while such classroom is being used in a manner consistent with such State license.

      9.   Sex Supermarket/Sex Mini-Mall: A "sex supermarket/sex mini- mall" shall mean the establishment or operation of more than one type of "adult-oriented business or use" as defined in this Development Code within the same building.

      10.   Sexual Encounter Center: "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

         a.   Physical contact in the form of wrestling or tumbling between persons of the opposite sex when one or more of the persons is in a state of nudity or is semi-nude or is exhibiting specified anatomical areas; or

         b.   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude or is exhibiting specified anatomical areas.

      11.   Sexual Novelty Store: A "sexual novelty store" is an establishment having as a substantial portion of its stock-in- trade, of its floor area, or its revenue derived from, goods which are replicas of, or which simulate, "specified anatomical areas", or "specified sexual activities", or goods which are designed to be placed on or in "specified anatomical areas", or to be used in conjunction with "specified sexual activities", to cause sexual excitement.

      12.   Sexually Oriented Business: A "sexually oriented business" is any business, where employees or patrons expose "specified anatomical areas" or engage in or simulate "specified sexual activities", or any business which offers to its patrons services or entertainment or goods characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to "specified sexual activities" or "specified anatomical areas".

      13.   Theater: A "theater" shall mean a theater, concert hall, or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic, or comedic performances on stage. If any such performance depicts, exposes, describes, or relates to "specified sexual activities" or "specified anatomical areas", the theater shall be an adult business unless one or more of the following is true:

         a.   Any emphasis on matters depicting, exposing, describing, or relating to "specified sexual activities" or "specified anatomical areas" is on an occasional or incidental basis.

         b.   The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" is not a significant portion of the entire verbal presentation.

         c.   The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing, or relating to "specified sexual activities" or "specified anatomical areas" is not intended to appeal to sexual interests. (Ord. 1260, 9-17-1996)

In addition to the terms defined in Sections 15-13-2 and 15-13-4 of this Chapter, the following words and phrases shall have the meanings set forth below:

   A.   Appeal: Wherever the reference to an "appeal" being filed or available to be filed is made in this Chapter, such right of appeal shall also include the right to appeal administrative determinations made by the Director of Community Development/designee or the City Manager/designee pursuant to this Chapter and Chapter 25 of this Title, to the Planning Commission and City Council. Wherever the term "appeal" is used in this Chapter, including any time limit to act on an appeal, such term shall also mean a complete appeal being filed which includes all identified information and payment of any appeal fee.

   B.   Nudity Or State Of Nudity: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

   C.   Private Viewing Area: An area or areas in an adult-oriented business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized which does not provide an unobstructed view of the private viewing areas from a manager's station or from any other point outside the private viewing area, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.

   D.   Semi-Nude: A state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast. (Ord. 1260, 9-17-1996)

   E.   Specified Criminal Act: Also means "specified criminal acts" and include sexual crimes against children; sexual abuse or assault; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; violations involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. "Specified criminal acts" shall exclude those acts which are authorized or required to be kept confidential pursuant to California Welfare and Institutions Code sections 601 to 900. (Ord. 1260, 9-17-1996; amd. 2000 Code; Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

The following words and phrases when used in this Chapter shall have the meanings set forth below:

   A.   "Specified anatomical areas" shall include any of the following human anatomical areas:

      1.   Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae; or

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

   B.   "Specified sexual activities" include all of the following:

      1.   The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts.

      2.   Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

      3.   Human masturbation, actual or simulated.

      4.   The actual or simulated infliction of pain by one human upon another, or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast.

      5.   Sexual intercourse, actual or simulated, between a human being and an animal.

      6.   Excretory functions. (Ord. 1260, 9-17-1996)

   A.   Information Required; Fee: In order to operate an adult-oriented business within this City, the applicant or proprietor of the business must obtain the license required by Title 4, Chapter 1 of this Code and any other license required by Title 4 of this Code and an adult business permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section 1-2-1 of this Code, for an owner, operator, manager, or employee to operate an adult-oriented business without processing an adult business permit required by this Chapter and any license required by Title 4 of this Code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee as set by resolution of the City Council for an adult business permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this Code, shall file a written, signed, and verified application on a form provided by the Director of Community Development evidencing the following:

      1.   The name and permanent address of the applicant.

      2.   The name and business address of the applicant. If the applicant is a corporation, the applicant shall provide the name of the corporation and the state of incorporation. The corporate name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners.

      3.   Location and address of the proposed adult-oriented business.

      4.   Legal description of the subject property.

      5.   A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

      6.   Proposed hours of operation.

      7.   A floor plan showing where the specific entertainment uses are proposed to be conducted within the building.

      8.   A site plan showing the location of the building, parking, landscaping, exterior lighting, and signage for the proposed use.

      9.   The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment.

      10.   Statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment.

   B.   Certain Information Confidential: Notwithstanding the fact that an application filed hereunder may be a "public record" under California Government Code section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or social security number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with California Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Chapter by ensuring that the applicant's privacy, confidentially, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above. (Ord. 1260, 9-17-1996; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

The Planning Commission shall conduct a public hearing on the completed adult business permit application within forty five (45) days of its acceptance as complete by the Director of Community Development, unless extended upon the written consent of the Director of Community Development and the applicant. This forty five (45) day review period shall be used by the City staff, the Director of Community Development, the Planning Commission, and governmental agencies to complete the following necessary steps in the approval process:

   A.   Within two (2) working days of receipt of the completed application, the Director of Community Development shall determine whether the proposed use is subject to an exemption from the California Environmental Quality Act (CEQA Exemption Review) 1 .

   B.   Within the balance of the processing period, the Director of Community Development shall prepare an initial study and necessary proposed environmental determination required by the California Environmental Quality Act.

   C.   Prepare public notice of the consideration of the proposed environmental determination and the notice of public hearing on the permit application, pursuant to Section 15-27-5 of this Title.

   D.   Submit applicant fingerprints using the priority processing procedure to the State Department of Justice for criminal history background check so that results may be obtained prior to the public hearing on the proposed permit application. The results are guaranteed by the State to be issued within seventeen (17) days of submittal.

   E.   Within thirty (30) days of the City's receipt of the completed application, the following agencies and departments should have completed their inspections and reviews of the proposed use and information contained in the application, and should have issued a report to the Director of Community Development:

      1.   County Health Department;

      2.   City Fire Department;

      3.   Community Development Department for zoning compliance;

      4.   City building safety staff; and

      5.   The Police Department for criminal history purposes and site security issues for the individuals involved.

In the event that any of the aforementioned agencies or departments does not complete its inspection and/or review within thirty (30) days of receipt of the completed application by the City, that agency or department shall be deemed to have waived that agency's or department's right to inspect or review the proposed use and approval and that agency's or department's approval shall not be necessary to grant the applicant an adult business permit; and

   F.   Within forty five (45) days of receipt of the completed application by the City, the Planning Commission shall conduct a noticed hearing on the application for an adult business permit and shall approve the application if the application meets the requirements of Section 15-13-8 of this Chapter and shall deny the application if any of the findings set forth in Section 15-13-8 of this Chapter cannot be made. The Planning Commission shall issue its decision within fifteen (15) days of opening the public hearing. However, in no event shall the Planning Commission fail to approve or deny the application within sixty (60) days of receipt of the completed application, unless consent to a later deadline is given by the applicant and the Director of Community Development. If the Planning Commission fails to approve or deny the application within sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Planning Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Chapter (including the filing of an appeal by an interested party under Section 15-13-7 of this Chapter) and all other applicable laws and ordinances. (Ord. 1260, 9-17-1996; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

   A.   Findings Enumerated: The Planning Commission, or City Council on appeal, shall approve the application for an adult business permit unless it is unable to make one or more of the following findings:

      1.   That all applicable filing fees have been paid.

      2.   That the applicant is not overdue in payment to the City of any taxes, fees, fines, or penalties assessed against or imposed in relation to an existing or former adult-oriented business.

      3.   That the building, structure, equipment, and location used by the business for which an adult-oriented business license is required complies with the requirements and standards of the health, building, zoning, fire, and safety laws of the State, the El Segundo Fire Department, and the City.

      4.   That the conduct of the adult-oriented business as proposed by the applicant, if permitted, will comply with all applicable laws; including, but not limited to, the City's building, zoning, fire, and health and safety regulations.

      5.   That the City currently has no evidence demonstrating that the applicant has knowingly made any false, misleading, or fraudulent statement of material facts in the adult business permit application or any other document required by the City in conjunction therewith.

      6.   That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area, including the provision of required parking.

      7.   That the use is in conformity with the locational criteria set forth in Section 15-13-13 of this Chapter.

      8.   That the design of the site and the proposed improvements are in compliance with all applicable design provisions of Section 15-13-13 of this Chapter.

      9.   That the proposed conduct of the adult-oriented business is in compliance with all applicable performance standards of Section 15-13-13 of this Chapter.

      10.   That the applicant, his or her employees, agents, partners, directors, officers, controlling stock holders, or managers has not 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 any City or County agency or department.

      11.   That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult-oriented business is open.

      12.   That the applicant is eighteen (18) years of age or older.

      13.   That an applicant, including partners of the applicant if the applicant is a partnership, or officers, directors, and controlling shareholders if applicant is a corporation, has not been convicted of a "specific criminal act" for which:

         a.   Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminal acts" which are sexual crimes against children; sexual abuse or assault; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

         b.   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the "specified criminal acts" which are sexual crimes against children; sexual abuse or assault; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

         c.   Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the "specified criminal acts" which are sexual crimes against children; sexual abuse or assault; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; pandering; or conviction of any such offense occurring within twenty four (24) months prior to application.

         d.   The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

         e.   An applicant who has been convicted of any of the above described "specified criminal acts" may qualify to own, operate, or manage an adult-oriented business only when the required time period has elapsed. (Ord. 1260, 9-17-1996)

   B.   Confidential Information: In acting on the application for an adult business permit, the Planning Commission or City Council on appeal shall not consider information authorized or required to be kept confidential pursuant to California Welfare and Institutions Code sections 601 to 900. (Ord. 1260, 9-17-1996; amd. 2000 Code)

   C.   Denial Of Application: In the event the Planning Commission, or the City Council on appeal, denies an adult business permit application, the business, if operating, shall cease its operations as an adult-oriented business and no further activities regulated by this Chapter or Title 4, Chapter 1 of this Code shall be conducted on the premises unless and until an adult use planning permit and a license required by Title 4, Chapter 1 of this Code is obtained. (Ord. 1260, 9-17-1996)

   A.   Denial Of Application: If the application for an adult business permit is denied by the Planning Commission, the applicant shall have ten (10) days from the date of the hearing in which to appeal the decision to the City Council. If appealed, notice of the public hearing before the City Council shall be mailed and published in the City's official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty five (35) days from the date of the Planning Commission's action to approve or deny the application or from the date the application was deemed approved. The City Council shall act on the appeal within forty five (45) days from the date the application was approved, deemed approved, or denied by the Planning Commission. Otherwise, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of this Chapter and all other applicable laws and ordinances.

   B.   Approval Of Application: If the application for an adult business permit is approved or deemed approved by the Planning Commission's actions or failure to act, such action or inaction may be appealed by the applicant or any aggrieved party by filing a letter of appeal, with the required appeal fee, with the City Clerk within ten (10) days of the date of the application's approval or deemed approval. The procedures set forth in subsection A of this Section shall apply to an appeal by any aggrieved party as well as to an appeal by the applicant. (Ord. 1260, 9-17-1996)

   A.   Right To Review And Modify: Any adult business permit granted or approved hereunder shall be granted or approved with the City and its City Council, Planning Commission, and Director of Community Development retaining and reserving the right and jurisdiction to review and modify the adult business permit, including the conditions of approval, based on changed circumstances. "Changed circumstances" include, but are not limited to, the modification of the business, the change in scope, emphasis, size, or nature of the business, and the expansion, alteration, or change of use. The reservation of the right to review any permit granted or approval hereunder by the City, City Council, Planning Commission, and Director of Community Development is in addition to, and not in lieu of, the right of the City, City Council, Planning Commission, and Director of Community Development to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

   B.   Requested Information Not Available: In the event the information requested pursuant to Title 4, Chapter 1 of this Code is not available prior to the granting of the permit, the City shall, if the application otherwise meets the requirements of this Code, issue the permit. Should information later obtained pursuant to Title 4, Chapter 1 of this Code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required by Title 4, Chapter 1 of this Code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Section 4-1-26 of this Code. (Ord. 1260, 9-17-1996; amd. 2000 Code; Ord. 1639, 9-20-2022)

   A.   Necessary Standards: All design and performance standards set forth in this Chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern all existing and proposed adult-oriented businesses immediately upon adoption and passage of this Chapter.

   B.   Time Limit For Conformance: In the event that there is any adult-oriented business lawfully in existence prior to the adoption of this Chapter and is not in compliance with the design and performance standards of this Chapter, any such adult- oriented business shall conform to all design and performance standards within six (6) months of the effective date hereof. (Ord. 1260, 9-17-1996)

Notwithstanding the provisions of Chapter 21 of this Title, the following provisions shall apply to adult-oriented businesses:

   A.   Any adult-oriented business which is a nonconforming use on June 13, 1996, shall be subject to an amortization period expiring June 13, 1999, and any adult-oriented business which becomes a nonconforming use after June 13, 1996, shall be subject to an amortization period of three (3) years commencing on the date the use becomes nonconforming.

   B.   The owner of any adult-oriented business which is a nonconforming use may apply for extension of the amortization period, pursuant to Section 15-13-12 of this Chapter. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

   C.   Upon the conclusion of the amortization period, any adult- oriented business which is a nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within thirty (30) days.

   D.   Any nonconforming building may be continued and maintained, except as provided in this Chapter, provided there are no structural alterations, except as provided in this Chapter.

   E.   Any nonconforming use may be continued, except as provided in this Chapter; provided, that the use shall not be increased, enlarged, extended, or altered, except as provided in this Chapter. (Ord. 1260, 9-17-1996)

An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided below:

   A.   Application For Extension: The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the Director of Community Development determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the Director of Community Development and shall be accompanied by the required fee as established by resolution of the City Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by this Section is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this Section.

   B.   Notification Of Decision; Contents Of Application: Not later than thirty (30) days after submittal of an application to extend the amortization period, the Director of Community Development shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

      1.   The applicant's signature;

      2.   A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection D of this Section and shall identify the term of the requested extension;

      3.   The required fees;

      4.   A mailing list, two (2) sets of stamped envelopes, and two (2) sets of gummed labels with the names, addresses, and tax assessor parcel numbers of all owners of real property, as shown on the latest assessment rolls, within a radius of five hundred feet (500') from the external boundaries of the property on which the adult-oriented business is located; and

      5.   A tax assessor's parcel map identifying the properties to be notified within the five hundred foot (500') radius.

If the application is not complete, the Director of Community Development shall specify in writing those parts which are incomplete and shall identify the manner by which the application 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.

   C.   Public Hearing: The Planning Commission shall hold a noticed public hearing on the request for an extension.

   D.   Criteria And Findings: In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the reviewing authority shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

      1.   The present actual and depreciated value of business improvements;

      2.   The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;

      3.   The remaining useful life of the business improvements;

      4.   The remaining lease term;

      5.   The ability of the business and/or landowner to change the use to a conforming use; and

      6.   The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented business and the amortization requirements.

   E.   Consider Evidence: The Planning Commission, or City Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above. (Ord. 1260, 9-17-1996; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

   A.   Location Restrictions: An adult-oriented business shall not be established or located within five hundred feet (500') of:

      1.   Any County or City zone or land use district which contains the words "residence", "residential", "ranches", or "rural living", within its title;

      2.   Any residential use;

      3.   A State authorized, certified or licensed family care home, foster family home, or group home;

      4.   A State authorized, certified or licensed residential facility, residential care facility, residential care facility for the elderly, intermediate care facility developmentally disabled habilitative or nursing, or congregate living health facility;

      5.   Any church, chapel, or similar place of worship, or property zoned, planned, or otherwise designated for such use by City action;

      6.   Any funeral parlor, mortuary, cemetery, or similar facility, or property zoned, planned, or otherwise designated for such use by City action;

      7.   Any school, nursery school, daycare center, small or large family daycare facility, park, or public or private playground, or property zoned, planned, or otherwise designated for such use by City action;

      8.   Any other recreational facility where minors congregate, or property zoned, planned, or otherwise designated for such use by City action, or

      9.   Any hospital or similar health care facility.

   B.   Existing Business: An adult-oriented business shall not be established or located within one thousand feet (1,000') of an existing adult-oriented business. If two (2) or more existing adult-oriented businesses are located in closer proximity to each other than one thousand feet (1,000'), then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.

   C.   Measurement Of Distances: For the purposes of this Section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection A of this Section, or to the nearest point of the building or structure in which an existing adult-oriented business described in subsection B of this Section, is located.

   D.   Sign Restrictions: No advertising sign or structure, advertisement, display, or other promotional material depicting "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia designed for use in connection with "specific sexual activities", shall be shown or exhibited so as to be visible from any exterior area.

   E.   Windows And Openings Covered: All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.

   F.   Loudspeakers: No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.

   G.   Compliance With Site Development Standards: The establishment of an adult-oriented business shall comply with the applicable site development standards, including parking, of the zone, district, or area in which the adult-oriented business is located, the building codes, fire codes, and the health and safety codes of the City. An adult-oriented business shall comply with the applicable City permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:

      1.   Separate Entrance: Each adult-oriented business shall have a business entrance separate from any other nonadult business located in the same building.

      2.   Public Shielded: No adult-oriented business shall be operated in any manner that permits the observation by the public of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any location beyond the walls of the building or portion thereof in which the adult-oriented business is conducted.

      3.   Posted: The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

      4.   Manager's Station: Each adult-oriented business shall be provided with a manager's station for the purpose of supervising activities within the business. A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.

      5.   Visibility From Station: Any viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.

      6.   Outside Appearance: All exterior areas of adult-oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris in accordance with Title 7, Chapter 4 of this Code. (Ord. 1260, 9-17-1996)

      7.   Compliance Standards: The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the El Segundo Fire Department and the Community Development Department.

      8.   Hours: No adult-oriented business shall operate between the hours of two o'clock (2:00) A.M. and nine o'clock (9:00) A.M. of any particular day. The Planning Commission, or City Council on appeal, shall establish the actual permitted hours of operation for each permit approved or granted. No owner, operator, manager, or employee of an adult-oriented business, regardless of whether or not a permit has been issued for said business under the provisions of this Chapter, shall allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of two o'clock (2:00) A.M. and nine o'clock (9:00) A.M. of any particular day or in violation of the actual permitted hours of operation established in the conditions of approval for the permit.

      9.   Parking: Off-street parking shall be provided for the adult-oriented business as specified for the zone, district, or area in which the business is located in accordance with the parking provisions of Chapter 15 of this Title, and as follows:

Adult Theater, Adult Cabaret, Adult Motion Picture Theater, Or Adult Motion Picture Arcade: One parking space shall be provided for every two (2) seats in the viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the Building Official and/or the Fire Marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee on the maximum shift.

      10.   Size Of Areas: Any person who operates or causes to be operated an adult- oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this Chapter, which exhibits on the premises in a viewing room or viewing booth of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts "specified sexual activities" or "specified anatomical areas", shall comply with the following requirements:

         a.   Upon application for an adult-oriented business license, 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, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty two (32) square feet of floor area. (Ord. 1260, 9-17-1996)

         b.   No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Director of Community Development. (Ord. 1260, 9-17-1996; amd. Ord. 1315, 1-18-2000)

         c.   It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

         d.   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. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designed, 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 from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

         e.   It shall be the duty of the permit holder and any employees present on the premises to ensure that the view area specified in subsection G10d of this Section remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this Chapter.

      11.   Security Program: An on-site security program shall be prepared and implemented including the following items:

         a.   All off-street parking areas and building entries serving the adult-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan and shall be subject to review for compliance through the design review process by the Director of Community Development and the Chief of Police.

         b.   All interior portions of the adult-oriented business, except those areas devoted to motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot-candles of light.

         c.   For adult-oriented businesses which exceed an occupant load of one hundred twenty five (125) persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Chief of Police. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the Chief of Police.

      12.   Adult Motion Picture Theater Or Adult Motion Picture Arcade:

         a.   A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture private viewing areas.

         b.   No adult motion picture theater or arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or arcade is visible upon entrance to such adult motion picture theater or arcade. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

         c.   No person shall operate an adult motion picture theater or arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

      13.   Adult Hotel/Motel:

         a.   Evidence that a room in a hotel, motel, or a similar commercial establishment has been rented or sub-rented and vacated two (2) or more times in a period of time that is less than ten (10) hours on a recurring basis, creates a rebuttable presumption that the establishment is an "adult hotel/motel" as that term is defined in this Chapter.

         b.   A person is in violation of the provisions of this Chapter if such person rents or sub-rents a room at a location without an adult-oriented business license and an adult business permit to a person or persons and within ten (10) hours thereafter rents or sub-rents the same room to another person(s), or sub-rents the same room to the prior renter.

   H.   Distance From Patrons: All persons on the premises of the establishment who are engaged in "specified sexual activities" or are exposing "specified anatomical areas" must be located upon a stage that is at least eighteen inches (18") above the immediate floor level and is at least six feet (6') from the nearest patron.

   I.   No Tipping Policy: Patrons of establishments are prohibited from directly or indirectly giving or soliciting tips (money or anything else of value) to performers, owners, employees, or agents of an establishment, and said performers, owners, employees and agents are prohibited from directly or indirectly accepting from patrons of an establishment tips (money or anything else of value). This subsection shall not apply to waiters and waitresses serving food and/or beverage to patrons as long as such waiters and waitresses are not exposing "specified anatomical areas". (Ord. 1260, 9-17-1996; amd. Ord. 1315, 1-18-2000; Ord. 1639, 9-20-2022)

For purposes of this Section, "couch dancing" or "straddle dancing" shall be defined as an activity involving at least two (2) persons where at least one of the persons is a patron who is sitting or resting on an object or the floor and at least one of the persons is dancing or moving such that said person's genitals, pubic region, buttock or female breast, regardless of whether such body area is covered or uncovered, is intentionally positioned for any period of time within three feet (3') of, and at a level between, the chin and forehead of, the person(s) who is/are sitting or resting on an object or the floor. For purposes of this Section, "employee" shall include independent contractors of the adult-oriented business.

   A.   No person shall operate or cause to be operated an adult- oriented business, regardless of whether or not a permit has been issued under this Chapter, knowingly, or with reason to know, permitting, suffering, or allowing any employee:

      1.   To engage in a couch dance or straddle dance with a patron at the business;

      2.   To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

      3.   To intentionally touch any patron at an adult-oriented business while engaged in the display or exposure of a "specified anatomical area" or engaged in or simulating a "specified sexual activity"; or

      4.   To voluntarily be within six feet (6') of any patron while engaged in the display or exposure of any "specified anatomical area" or engaged in or simulating a "specified sexual activity".

   B.   No employee of an adult-oriented business shall:

      1.   Engage in a couch dance or straddle dance with a patron at the business;

      2.   Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;

      3.   Engage in the display or exposure of any "specified anatomical area" or engage in or simulate a "specified sexual activity" while intentionally touching a patron at the adult-oriented business; or

      4.   Engage in the display or exposure of any "specified anatomical area" or engage in or simulate a "specified sexual activity" closer than six feet (6') from any patron.

   C.   No person at any adult-oriented business, regardless of whether or not said business is permitted under this Chapter, shall intentionally touch an employee who is displaying or exposing any "specified anatomical area" or engaging in or simulating a "specified sexual activity" at the adult-oriented business.

   D.   No person at any adult-oriented business, regardless of whether or not said business is permitted under this Chapter, shall engage in a couch dance or straddle dance with an employee at the business who is displaying or exposing any "specified anatomical area" or engaging in or simulating a "specified sexual activity".

   E.   No employee of an adult-oriented business, regardless of whether or not a permit has been issued for said business under this Chapter, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service involving "specified sexual activity" or the exposure of "specified anatomical areas" between the hours of two o'clock (2:00) A.M. and nine o'clock (9:00) A.M. of any particular day. (Ord. 1260, 9-17-1996)

The establishment of an adult-oriented business shall include any of the following:

   A.   The opening or commencement of operation of any such business as a new business.

   B.   The conversion of any existing business, (whether or not an adult-oriented business), to any adult-oriented business.

   C.   The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this subsection, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

   D.   The relocation of any adult-oriented business.

   E.   The expansion or enlargement of the premises by ten percent (10%) or more of the existing floor area. (Ord. 1260, 9-17-1996)

If a court of laws determines that any portion of this Chapter is unlawful and unenforceable, such shall not invalidate or otherwise affect the enforceability of any other portion of this Chapter. (Ord. 1260, 9-17-1996)