It is the purpose and intent of this Chapter to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights associated with such businesses. It is, therefore, the purpose of this Chapter to establish reasonable standards for the permitting and regulating of adult businesses.

(Ord. No. 270, § 8, 8-13-2013)

A.

"Adult arcade" shall mean a business establishment to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

B.

"Adult booth/individual viewing area" shall mean a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

1.

Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas;" or

2.

Where "adult arcade devices" are located.

C.

"Adult business" shall mean:

1.

A business establishment or concern that as a regular and substantial course of conduct sells or distributes "adult oriented material" or "sexually oriented merchandise", or which offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical parts," but not including those uses or activities which are preempted by State law;

2.

Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult bookstore, adult theater, adult motion picture arcade, adult model studio, adult arcade, adult retail store, adult cabaret, adult motel or hotel, adult modeling/photography studio, adult motion picture theater, sex club, sexual encounter center, any business providing adult live entertainment, et cetera; or

3.

Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult," "XXX" or similar terms, shall be considered evidence that the establishment holds itself out to the public as a sexually oriented business.

D.

"Adult cabaret" shall mean a business establishment (whether or not serving alcoholic beverages) that as a regular and substantial course of conduct features "adult live entertainment," persons who appear in a state of nudity or semi-nude condition, or which holds itself out to the public where adult live entertainment is available.

E.

"Adult cabaret dancer" shall mean any person who is an employee or independent contractor of an "adult cabaret" or "adult business" and who, with or without any compensation or other form of consideration, performs as a sexually oriented dancer, exotic dancer, stripper, go-go dancer or similar dancer whose performance on a regular and substantial basis focuses on or emphasizes the adult cabaret dancer's breasts, genitals, and/or buttocks, but does not involve exposure of "specified anatomical areas" or depicting or engaging in "specified sexual activities." "Adult cabaret dancer" does not include a patron.

F.

"Adult hotel/motel" shall mean a "hotel" or "motel" (as defined in the Zoning Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in any 24-hour period.

G.

"Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer or adult cabaret dancer exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity that depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

H.

"Adult modeling/photography studio" shall mean a business establishment where a live person who appears seminude, in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, photographed, filmed, painted, sculpted, or otherwise similarly depicted by other persons, whether or not paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California, or that of an individual artist studio established solely for conduct of the artist.

I.

"Adult motion picture theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

J.

"Adult oriented material" shall mean accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."

K.

"Adult retail store" shall mean a business establishment having as a regular and substantial portion of its stock in trade, "adult oriented material" for sale or rent. Includes a bookstore, video store or store selling adult novelty items.

L.

"Establishment of an adult business" shall mean any of the following:

1.

The opening or commencement of any "adult business" (as defined above) as a new business;

2.

The conversion of an existing business, whether or not an "adult business," to any "adult business;"

3.

The addition of any "adult business" to any other existing "adult business;"

4.

The relocation of any "adult business;" or

5.

Physical changes that expand the square footage of an existing "adult business" by more than ten percent.

M.

"Licensee" or "license holder" shall mean a person in whose name a license to operate an adult business has been issued, as well as the person listed as an applicant on an application for a license; and in the case of a performer or manager, a person in whose name a performer or manager's license has been issued authorizing employment in an adult oriented business.

N.

"Manager" shall mean any person designated by the owner or operator of an adult oriented business to be responsible for the operation of such business at a particular location at a particular time.

O.

"Nudity" or "state of nudity" shall mean the showing of the human male or female genitals, pubic area, anus, or buttocks with less than a fully opaque fabric covering; the showing of the female breast with less than a fully opaque fabric covering of any part of the areola; or the showing of completely or opaquely covered, by fabric, male genitals in a discernibly turgid state.

P.

"Owner" shall mean any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or L.L.C. that owns and operates an adult business; or (4) the person designated by the officers of a corporation or the members of an L.L.C. to be the license holder for an adult business owned and operated by the corporation.

Q.

"Performer" shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment or models for patrons of an "adult business".

R.

"Regular and substantial course of conduct" and "regular and substantial portion of its business" means any adult business where one or more of the following conditions exist:

1.

The business devotes more than 15 percent or 100 square feet of the retail floor area, whichever is less, to adult oriented material; or

2.

The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public dressed only in lingerie; or

3.

At least 25 percent of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, adult material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

S.

"Religious facility" shall mean a permanent facility exclusively used on a regular basis for religious assembly, such as customarily occurs in a synagogue, temple, mosque, or church, or convent, or monastery.

T.

"School" shall mean any child care facility or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university

U.

"Semi-nude" or in a "semi-nude condition" shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola or nipple of the female breast. This definition includes the entire lower portion of the human female breast.

V.

"Sex club" shall mean any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club that permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a 20-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this Section, a "public or semipublic portion of an establishment" shall mean any portion of the establishment in which licensees, invitees, visitors or guests of the establishment or its members are permitted access and which is let, leased or rented more than once in a 20-hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, a "sex club" is also any place which represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.

W.

"Sexual encounter center" shall mean a business or enterprise that offers for any form of consideration physical contact in the form of wrestling or tumbling between two or more persons, when one or more of the persons is in a state of nudity or semi-nudity.

X.

"Sexually oriented merchandise" shall mean:

1.

Sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or

2.

Lingerie presented in combination with other merchandise contained within this definition or the definition of adult oriented material; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or condoms or sexual lubricants presented in combination with other merchandise contained within this definition or the definition of adult oriented material.

Y.

"Specified anatomical areas" shall mean and include any of the following:

1.

Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered human:

a.

Genitals, pubic region;

b.

Buttocks, anus; or

c.

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

2.

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

Z.

"Specified criminal activity" shall mean any of the following offenses:

1.

Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance involving a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; state penal code; or any similar offenses to those described in this Subsection under the criminal or penal code of other states or countries;

2.

For which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense;

b.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

3.

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

AA.

"Specified sexual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

1.

Human genitals in a state of sexual stimulation or arousal; and/or

2.

Acts of human masturbation, sexual stimulation or arousal; and/or

3.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

4.

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

5.

Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

6.

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

(Ord. No. 270, § 8, 8-13-2013)

A.

Each adult business must, prior to establishment of such business, first apply for and receive a conditional use permit.

B.

Issuance, modification and/or revocation of a conditional use permit shall be in accordance with Chapter 18.83 of this Title.

(Ord. No. 270, § 8, 8-13-2013)

No building, premises, structure or other facility shall be permitted to contain more than one type of adult business as such types of adult business are defined in Section 18.70.020 of this Chapter. For the purposes of this Section, the catch-all phrase "adult business" shall not be considered a single type of adult business.

(Ord. No. 270, § 8, 8-13-2013)

A.

There is created a classification known as the adult business (AB) overlay zone. The zoning map identifying the adult business (AB) overlay zone is attached to the ordinance codified in this Chapter as Exhibit A and is on file in the office of the City Clerk. The regulations set forth in this chapter shall apply in all zones, in addition to other applicable regulations set forth in this Chapter and other applicable portions of this Code; provided, however, that if any of the regulations specified in this Chapter differ from any of the corresponding regulations specified in this Title, or other ordinances for any zone or area which is combined with the AB overlay zone, then in such case the provisions of this Chapter shall govern as to matters pertaining to planning and zoning. Subject to the foregoing, adult businesses shall be permitted in all areas designated as being located in the AB overlay zone, provided that each adult business must comply with all applicable regulations of other zoning use designations with which the AB overlay zone is combined.

B.

Separation Standards. A permitted adult business shall maintain the following spatial requirements:

1.

No adult business shall be located closer than 500 feet from any park, school, church, or day care center; and

2.

No adult business shall be located closer than 1,000 feet from a residential zone district; and

3.

No adult business shall be located within 1,000 feet of another adult business; and

C.

Measurement. Where one use is required to be separated from another use, measurements shall be made in accordance with the following:

1.

The required separation distance shall be measured in a straight line from the nearest point of the structure containing the adult business to the nearest property line of the land uses identified in Subsection 18.70.050(B).

2.

If the adult business is located in a multi-tenant building, then the distance shall be measured in a straight line from the nearest point of the portion of the building occupied by the adult business to the nearest property line occupied by the land uses identified in Subsection 18.70.050(B).

3.

The required distance separation from uses identified in Subsection 18.70.050(B) shall apply regardless of whether such land use is located inside or outside the boundaries of the City.

4.

The separation measurements shall be provided and certified by a licensed professional surveyor or licensed civil engineer hired by the adult business.

D.

Nonconformity. No legally permitted adult business shall become nonconforming through subsequent establishment of a park, school, church, or day care center; or residential zone district located in closer proximity to the permitted adult business than what is required by the separation standards in this Section.

(Ord. No. 270, § 8, 8-13-2013)

A.

Before the submittal of an application for a conditional use permit for an adult business is submitted to the City, an applicant may submit a "determination of use application" to the Community Development Director containing the following information:

1.

A legal description and sketch of the parcel for the proposed use;

2.

Confirmation of the applicant's ownership, controlling interest in the property, or property owner's permission to submit the determination of use application;

3.

Detailed description and type of proposed adult business;

4.

A professional licensed land surveyor's or licensed civil engineer's delineation of the proposed building, lot lines and the location of its primary entrance and confirming via specific measurements that the proposed adult business meets the separation distances identified in Section 18.070.050 of this Chapter; and

5.

Payment of the applicable filing fee.

B.

Action on Determination of Use Application. Within five business days of receipt of a complete determination of use application, the Community Development Director shall:

1.

Determine whether the proposed use is a permitted use in the zoning district in which it is to be located;

2.

Determine whether the proposed use meets the required separation distances; and

3.

If the above criteria are satisfied, approve the determination of use application, after which the applicant may submit a conditional use permit application in accordance with Chapter 18.83 of the Zoning Code.

(Ord. No. 270, § 8, 8-13-2013)

A.

In addition to the site development standards contained in the underlying zone district, an adult business shall conform to the following:

1.

Structures. No adult business shall be located in any temporary, portable or manufactured structure.

2.

Exterior Fencing. No adult business shall have any fencing or other structure exceeding five feet in height that obstructs the view of the parking lot or entrance ways of the business.

3.

Security Cameras. Adult businesses shall comply with the following security requirements:

a.

The adult business shall provide a surveillance system that visually records and monitors all parking lot areas, rear alley areas immediately adjacent to the business, the main building entrance(s) and exit(s), and any and all cash registers or cash offices on the premises of the adult business. The business owner or his/her designated representative shall instruct the company or individual(s) installing the surveillance equipment at the adult business to position cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions. The adult business and the company or individual(s) installing the surveillance equipment for any adult business shall both be responsible for insuring reasonable compliance with the provisions of this Section and the instructions by the adult business in installing such equipment at the adult business.

b.

The owner of the adult business shall also be responsible for insuring that the adult business' video surveillance system complies with the following minimum standards:

i.

Video Cameras. Cameras shall have a minimum resolution of 500 lines per inch and a minimum light factor requirement of 0.7 LUX. Light sensitive lenses or the installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

ii.

Video Recorder. The recording device shall be defined as a "high density recorder" by manufacturer specifications. The device shall be a time-lapse recorder that displays a current date and time stamp on the video recording. Systems required to have more than one camera shall include a "quad" or "multiplexer" video display splitter. Quad or multiplexed video systems shall be digital and must have the ability to isolate individual camera angles for maximized play back. The recording equipment and all video recordings shall be secured in a locked area in which access is limited to the adult business owner, the permit holder, or his/her designated representative(s).

iii.

Display Monitor. A display monitor with a minimum screen size of 12 inches shall be connected to the video surveillance system at all times. If a "quad" video display splitter is utilized, the display monitor shall have a minimum screen size of 15 inches.

c.

Video surveillance systems shall be maintained in good working order at all times. The owner of the adult business shall instruct each employee to immediately report any malfunctioning of or technical problems whatsoever with surveillance equipment. Every three months, the business owner or his/her designated representative shall inspect all cameras and video recorders to ensure proper operation and shall perform the following functions: the camera lenses shall be cleaned and calibrated into focus; any recording heads or other optical equipment shall be cleaned or optimized in another applicable manner, and the date and time stamp shall be calibrated to reflect true information; all wires connected to the camera and video recording device shall be inspected for wear and tear; and, a test recording shall be done to verify the image quality and date and time stamp. The business owner or his/her designated representative shall keep a video surveillance maintenance log documenting all inspections and repairs to the system. Any technical problems or inoperable equipment shall be repaired as soon as possible, not to exceed 15 days from discovery of the problem. The video surveillance system and maintenance log are subject to periodic inspection by the Police Department, in order to ensure compliance with this Section.

d.

The video surveillance system and recording device shall be in continuous operation from one full hour before to one full hour after the adult business is open to the public, or any portion thereof. Video recordings of daily business operations shall be kept a minimum of 30 days prior to reuse, destruction or deletion of such video recordings, and shall be provided to the Police Department upon request. If recordings provided to the Police Department pursuant to this Section are digital, a copy of "player" software shall be provided with the recording, in order to allow viewing of the digital recording(s). Such video recordings shall be clearly marked with the date the video recording was most recently recorded, and, in the event there are multiple recordings of the same date, each video recording shall be clearly marked in the sequential numerical order that it was so recorded.

e.

The City recognizes that video technology is rapidly changing and that the requirements of this Section with respect to video recordings may not keep up with available technology. The Community Development Director, therefore, is authorized to permit minor deviations from the technical requirements of this Section in order to allow the use of additional sources of video and recording technology, so long as such minor deviations are in keeping with the overall purpose of this Section to provide for video recordings with images of individuals and activities at adult business establishments that are discernible and recognizable in order to further law enforcement efforts and in order to deter unlawful, unsafe and unhealthy activities or conduct at adult business establishments.

f.

The Community Development Director or the Sheriff's Department may increase or decrease the video security requirements set for in this Subsection should the particular circumstances at an adult business demonstrate the need for such change.

4.

Lighting. All exterior areas and the entire perimeter of the building in which the adult business operates, including parking lots, landscaped areas, driveways, walkways, entry areas, refuse storage areas and premise entries/exits, of the adult business shall be illuminated with fixtures of sufficient intensity and number to uniformly illuminate every portion of the specified areas with an illumination level from dawn to dusk at a minimum of 1.50 foot-candles, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining public and private properties. Inoperable and/or broken lights shall be replaced within 24 hours.

5.

Signs. All adult businesses shall comply with the following sign requirements, in addition to those of the Chapter 18.80 (Signs) of the Zoning Code. Should a conflict exist between the requirements of the Zoning Code and this Subsection, the more restrictive shall prevail.

a.

All proposed exterior signage shall be submitted with the conditional use permit application.

b.

If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department. The adult business and its employees and independent contractors shall be responsible for checking identification to insure compliance with this Section.

c.

No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

d.

Signage shall not contain any flashing lights.

(Ord. No. 270, § 8, 8-13-2013)

A.

All adult business shall comply with the following:

1.

Specified Criminal Acts Prohibited. No owner, manager, employee, independent contractor, server, entertainer or customer shall engage in or permit others to engage in any specified criminal act on the premises of the business.

2.

Establishment License. All adult businesses shall post the license issued pursuant to Chapter 5.84 of the Grand Terrace Municipal Code in a conspicuous, easily viewable location, at eye level, at the main cash register for the business and lighted in a manner for ease of inspection.

3.

Licenses Available for Managers and Entertainers. Each manager issued an adult business managers license, pursuant to Chapter 5.88 of the Grand Terrace Municipal Code shall, at all times when on the premises of the licensed business, have said license in his or her possession. The license for each entertainer issued an entertainer's license pursuant to Chapter 5.88 of the Grand Terrace Municipal Code shall be retained for ready inspection on the premises of the adult business during all times that an entertainer is providing entertainment subject to the license on the premises.

4.

Concealing Specified Sexual Activities and Specified Anatomical Areas from Public View. No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building of such establishment. This Section shall apply to any display, decoration, sign, or show window.

5.

Exterior Doors and Windows. No exterior door or window on the premises shall be propped or kept open at any time while the business is open to the public, or portions thereof, and any exterior windows shall be covered with opaque covering at all times.

6.

Indoor Areas Open to View by Management. All indoor areas of the adult-oriented business where patrons or members of the public are permitted, excluding restrooms, shall be open to view by management at all times.

7.

Manager on Duty. All adult businesses shall have a licensed manager on duty at all times the business is open to the public, or any portion thereof, for any purpose, and said manager's name shall be posted in a conspicuous, easily viewable location, at eye level, at the main cash register for the business and lighted in a manner for ease of inspection. The individual(s) designated as the on-site manager or other direct contact of person who can address issues shall be registered with the City's Community Development Director by the owner to receive all complaints and shall be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. No on-duty manager shall act as a door person, ticket seller, ticket taker, admittance person, security guard, performer or adult cabaret dancer during any time that that person is designated as or is acting as the on-duty manager.

8.

Hours of Operation. It shall be unlawful for any owner, operator, manager, employee or independent contractor of an adult business to allow such adult business to remain open for business, or to allow any employee, independent contractor or performer 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 12:00 a.m. and 9:00 a.m. of any day excepting an "adult hotel/motel". The hours of operation of any adult business which has a permit from the California Department of Alcoholic Beverage Control shall be governed by the provisions of that permit and not by this Section as to operating hours. It is also unlawful for any performer or adult cabaret dancer of an adult business 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 12:00 a.m. and 9:00 a.m. of any particular day.

9.

Noise. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public from outside the building in which such use is conducted or which violates the City's Noise Ordinance.

10.

Security Guards. All adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a.

Adult businesses providing live entertainment shall provide at least one security guard continuously from one full hour before to one full hour after any adult live entertainment is conducted at the business, to maintain the peace and to enforce all statutes, ordinances and conditions of the permit. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty during the required time period.

b.

Security guards for other adult businesses may be required or the number of required guards may be increased from the requirements in Subsection a., if it is determined by the Sheriff's Department or the Community Development Director that their presence is necessary based upon the particular circumstances at such adult business demonstrating the need for such change.

c.

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons, employees and entertainers with the requirements of these regulations. Security guard(s) shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard. Security guards shall otherwise comply with the provisions of California Business and Professions Code Section 7582, et seq. No security guard required pursuant to this Subsection 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.

d.

Security guard(s) shall regularly patrol the parking lot and adjacent outdoor areas of the facility to maintain order therein and prevent any illegal or nuisance activity adjacent to the adult business or caused by patrons of the adult business.

11.

Trash. At least as often as at the time of the opening and closing of the adult business, the front and rear exit(s)/entrance(s), along with the parking lot, shall be inspected for trash and debris and any trash and debris found shall be immediately removed.

12.

Age of Employees. Employees, including independent contractors, of an adult business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employees, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees, including independent contractors, of the adult business must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business, including verifying with validly issued official government identification and any additional requirements as may be imposed by the California Department of Alcoholic Beverage Control.

13.

Age of Patrons. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten percent or greater interest, employee, independent contractor, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

14.

Regulation of Public Restroom Facilities. If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall insure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and, with the exception of urination, that no persons engage in any specified sexual activity or the exposure of specified anatomical parts in the public portion of the restroom. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

15.

Interior Lighting Requirements. All interior areas of an adult business shall be illuminated at all times during which the adult business is open to the public, or any portion thereof, with overhead fixtures of sufficient intensity and number to uniformly illuminate every place to which patrons are permitted access with an illumination level at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level. Inoperable and/or broken lights shall be replaced within 24 hours.

16.

Display of Adult Oriented Materials. All displays of materials characterized or distinguished by matters describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this Code, shall be completely screened from public view as viewed from adjacent sidewalks, public rights-of-way, and parking areas.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements apply to adult arcades and businesses providing adult booth/individual viewing areas:

1.

Visibility from Manager Station(s). The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this Subsection must be a direct line of sight from the manager's station.

2.

Occupancy. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

3.

Visibility of Adult Booth/Individual Viewing Area. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. Any adult business may have more than one manager station in order to ensure compliance with this regulation. At all times, the manager station(s) shall be maintained to ensure a clear line of sight into the interior of the adult/booth individual viewing area. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from the manager station(s). The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle and the manager station(s) without the assistance of mirrors or any other device.

4.

Obstruction of View Prohibited. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

5.

Maintenance of Booths/Individual Viewing Areas. No holes or other openings shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

6.

Seating. No beds, couches or chairs with a sitting area greater than 24 inches wide shall be permitted in an adult booth/individual viewing area.

7.

Manager Station. At all times that a booth is occupied, the manager must be at the manager's station.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements shall apply to adult businesses providing adult live entertainment:

1.

Separation. No live entertainment shall be conducted at an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor which is separated by a distance of at least ten feet between patrons and performers at all times while performing, and no patron shall be permitted within ten feet of the stage while the stage is occupied by a performer. Fixed rail(s) or similar barrier measuring at least 30 inches in height shall be maintained establishing the separations between performers and patrons.

2.

Contact Prohibited. No performer or adult cabaret dancer, during performances, shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer during performances. This Subsection shall only apply to physical contact anywhere on the premises of the adult business. This prohibition does not extend to incidental touching.

In addition, while on the premises, no performer or adult cabaret dancer shall have physical contact with a patron and no patron shall have physical contact with a performer or adult cabaret dancer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any live entertainment by such performer or adult cabaret dancer.

3.

Signs. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

4.

Clothing. All employees, performers, and independent contractors of the adult facility, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas. As to performers or cabaret dancers while performing adult live entertainment, such performers or cabaret dancers must wear, at a minimum what is commonly referred to as pasties and a g-string, or other attire that similarly provides at least an opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers not less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. No person, and no owner or other person with managerial control over an adult business shall permit any person, on the premises of the adult business to engage in any live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. No performer or adult cabaret dancer shall appear in the nude on the premises of an adult business at any time, except in a dressing room that is maintained for the exclusive use of performers and adult cabaret dancers, and to which the public, or any portion there, is not admitted, or in restrooms.

5.

Tips. Patrons shall not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage or to performers. If patrons wish to pay or tip performers, payment or tips may be placed in containers. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. If necessary, patrons shall also be advised of the tipping and gratuity requirements by employees or independent contractors of the adult business.

6.

Dressing Rooms. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

7.

Performer Entrance/Exit. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

8.

Separate Access. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be three feet away from the walk aisle. Nothing in this Section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

9.

Stage Access. The adult business, its manager(s), employees and/or performer(s) shall prohibit any person other than a licensed performer, employee or agent for purposes relating to operation of the adult business from occupying the stage area.

10.

Seating. Seating shall consist of chairs or open booths; No couches, beds, loose cushions or mattresses, or other forms of seating shall be provided.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements shall apply to adult motion picture theaters:

1.

Presentation Area. All screenings of motion pictures, videos or other media shall occur in a room open to all customers of the establishment. No walls, dividers, curtains, screens, shades or other similar devices shall be used to partition any part of the screening room.

2.

Seating. Seating in the presentation area shall consist of individual, theater-style chairs (maximum seat width 20 inches), with solid arms separating the chairs. No couches, benches, portable chairs, beds, loose cushions or mattresses, or other forms of seating shall be provided by the adult business or permitted in the presentation area. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the building code and the Americans with Disabilities Act; and:

a.

Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times.

b.

Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.

(Ord. No. 270, § 8, 8-13-2013)

A.

The following additional requirements shall apply to adult modeling and photography studios:

1.

Furniture. An adult modeling and/or photography studio shall not place or permit a bed, sofa, or mattress in any room on the premises open to the public or any portion thereof, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 270, § 8, 8-13-2013)

The following additional requirements shall apply to adult retail stores:

1.

Age of Patrons. The selling, renting and/or displaying of X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons over 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where these items are not visible to persons under the age of 18 and from which persons under the age of 18 shall be prohibited.

2.

Separate Room. If a business offers for sale or rent both non adult oriented materials and/or merchandise and adult oriented materials and/or sexually oriented merchandise, the adult oriented materials and/or merchandise shall be kept in a separate room, physically and visually separate from the remainder of the store by an opaque wall reaching at least eight feet high or to the ceiling, whichever is less, and posted with a sign clearly stating that no one under the age of 18 shall enter the room where the adult oriented materials and/or merchandise is located, unless the entire premises is limited to individuals over the age of 18. The on-duty manager and owner shall be responsible at all times for verifying the age of individuals entering this restricted area.

3.

Age Limit. No person under the age of 18 shall be permitted entry into a room containing adult oriented materials and/or sexually oriented merchandise.

4.

Location. If a business offers for sale or rent other materials and/or merchandise, the entrance to the room containing the adult oriented materials and/or sexually oriented merchandise shall be located so that it is as far as reasonably practicable from materials and/or merchandise likely to be of interest to children.

5.

Room Size. Any room wherein adult oriented materials and/or sexually oriented merchandise is offered for sale or rent shall be in an area containing at least 600 square feet and having no walls, dividers, curtains, screens, shades or other similar devices to obscure any part of the room from being monitored by the manager, unless it is to separate the adult oriented materials and/or sexually oriented merchandise from non-adult oriented materials or sexually oriented merchandise.

6.

On-Site Entertainment Prohibited. At no time shall the store provide any type of on-site adult live entertainment, or show any type of adult oriented electronic imagery on the premises.

7.

Displays. No displays of adult oriented materials, adult oriented images, and/or sexually oriented merchandise shall be visible from outside the room containing adult oriented materials and/or sexually oriented merchandise or from the exterior of the business.

8.

Monitoring. Activities in any room having adult oriented materials and/or sexually oriented merchandise shall be monitored at all times by a store clerk through a video system located at the clerk's counter.

(Ord. No. 270, § 8, 8-13-2013)

Each owner, operator, manager, employee or independent contractor of an adult business or other person in charge of an adult business shall permit representatives of the Sheriff's Department, County Fire Department, City Planning, and Building and Safety and Code Compliance Divisions, to inspect those portions of the adult business open to the public or to portions of the public, for the purpose of insuring compliance with the operating standards of this Chapter applicable to adult businesses at any time it is occupied or open for business, as well as to inspect, for compliance with the provisions of this Chapter, those portions of the adult business that may not be open to the public, but only as to those portions directly relating to operating and regulatory provisions of this Chapter, such as recording equipment for required security cameras. Such inspections shall be conducted in a reasonable manner, such that the inspection minimizes any interference with or delay of business operations, as reasonably practicable to the purposes of the inspection; shall be conducted by the City's Code Enforcement Manager, designee, or other City employee charged with the responsibility of monitoring compliance of adult businesses with this Chapter; and shall only be conducted as necessary to insure compliance with the regulatory provisions of this Chapter or relating to an adult business or performer permits and licenses. Nothing in this Section shall permit or authorize warrantless searches of property on the premises, except as otherwise permitted by law.

(Ord. No. 270, § 8, 8-13-2013)

The provisions of this Chapter are not intended to provide exclusive regulation of the regulated adult uses. Such uses must comply with any and all applicable regulations imposed in other chapters of the Zoning Code, Municipal Code, City ordinances, and State and Federal law. A violation of this chapter, or any provision of this Chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

(Ord. No. 270, § 8, 8-13-2013)