Lawndale City Zoning Code
CHAPTER 17
94 ADULT-ORIENTED BUSINESSES
§ 17.94.010 Definitions.
"Adult bookstore" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Adult-oriented business" means any establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore, adult cabaret, adult mini-motion picture theater, adult motion picture theater, adult motel/hotel, adult theater, adult video store, or sells or distributes adult merchandise or adult material, massage/acupressure parlor, model studio, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas but not including those uses or activities the regulation of which is preempted by state law. "Adult business" shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place in clothing which does not opaquely cover specified anatomical areas.
As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" shall mean any adult-oriented business where one or more of the following conditions exist:
The area(s) devoted to the display of adult merchandise and/or adult material exceeds twenty percent of the total floor area used for the display area of the business; or
Repealed;
The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in any attire which does not opaquely cover specified anatomical areas on any four or more separate days for any period of time per day within any thirty-day period; or
At least twenty-five percent of the gross receipts of the business are derived from the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Adult cabaret" means a nightclub, bar, restaurant or similar establishment which features as a regular and substantial course of conduct, live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, and where such performances are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Adult material" means any adult merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, CD-ROM, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specified anatomical areas.
"Adult merchandise" means any sex-oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Adult motel or hotel" means a motel or hotel which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas and/or which rents, leases, or lets any room more than once in a twenty-four-hour period and/or which advertises the availability of any of the above.
"Adult motion picture arcade" means any place to which the public is permitted or invited and where, which as a regular and substantial course of conduct, coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Adult motion picture theater" means an enclosed building with a capacity of six or more persons which, as a regular and substantial course of conduct, is used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in the facility.
"Adult video store" means an adult business featuring the display of adult merchandise and/or adult material which exceeds twenty percent of the total floor area used for the display of video cassettes, movies, films, CD-ROM, video disks and which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
"Individual viewing area" shall mean a viewing area designed for occupancy by one person.
"Model studio" means any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.
"Specified anatomical areas" as used in this chapter include:
"Specified sexual activities" as used in this chapter include:
Actual or simulated intercourse, oral copulation, anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprography, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or
Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal by a human being; or
Human erection, urination, menstruation, vaginal or anal irrigation; or
The presence of any person who performs or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as pasties and g-strings, and which cover the natal cleft and pubic area but does so at a width of less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 816-97 §§ 2, 3; Ord. 1122-16 § 10)
§ 17.94.020 Adult-oriented business permit-Required.
A.
Permit Required. It is unlawful for any person or entity to operate, engage in, conduct or carry on any adult-oriented business within the city of Lawndale unless the owner of said business first obtains, and continues to maintain in full force and effect, both an adult-oriented business permit and a business license from the city of Lawndale for such business.
B.
Persons Eligible. The owner of the proposed adult-oriented business, as defined in Section 17.94.010(B), shall be the only person eligible to obtain an adult-oriented business permit.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
§ 17.94.030 Application requirements.
A.
The property owner, or authorized agent of the property owner, is eligible to request an adult-oriented business permit. A single adult-oriented business permit shall suffice for the operation of any adult-oriented business within the city.
B.
The following information is required at the time an adult-oriented business permit is submitted to the community development department:
1.
A completed adult-oriented business permit application signed by the property owner or authorized representative;
2.
A nonrefundable deposit or fee as set forth by resolution of the city council to cover the cost of the processing of the application;
3.
A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 17.94.040 of this chapter;
4.
All other information as required by city of Lawndale adult-oriented business permit information sheet.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
§ 17.94.040 Findings/requirements.
A.
The community development director shall issue an adult-oriented business permit within fifteen days of receipt of a complete application if the director finds that:
1.
The adult-oriented business shall be located in the city's M-1 (light manufacturing) zoning district.
2.
The adult-oriented business shall not be located on any property which is within two hundred fifty feet of any property which is located in a residential zone.
3.
The adult-oriented business shall not be located on any property which is within five hundred feet of any property which is located a public park or school, or within five hundred feet of any property which is used by a religious institution for religious activities at least four times per week.
4.
Adult-oriented businesses shall provide parking in accordance with the following:
5.
The adult-oriented business shall not be located completely or partially within any mobile structure or pushcart.
6.
The adult-oriented business shall not stage any special event, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business.
7.
The adult-oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult-oriented business shall be open to public view at all times with the exception of restroom facilities. "Accessible to the public" shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.
8.
The adult-oriented business complies with the city's sign regulations.
9.
The adult-oriented business complies with the development and design requirements of the zone in which it is to be located.
10.
The adult-oriented business shall not display any adult material or adult merchandise which would be visible from any location other than from within the adult-oriented business.
11.
The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty-one if liquor is served.
12.
The adult-oriented business shall not operate between the hours of two a.m. and nine a.m.
13.
Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult-oriented business shall have been found guilty within the past two years of a misdemeanor or felony classified by the state as a sex-related offense and have not violated any of the provisions of an adult-oriented business permit or similar permit or license in any city, county, territory or state.
14.
The adult-oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult materials and adult merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult-oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
15.
The interior of the adult-oriented business shall be configured such that there is an unobstructed view of every public area of the premises, including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit the occupancy of more than one person at a time. "Individual viewing area" shall mean any area designed for occupancy of one person for the purpose of viewing live performances, pictures, movies, videos or other presentations.
16.
All areas of the adult-oriented business shall be illuminated at a minimum of ten foot-candles, minimally maintained and evenly distributed at floor level.
17.
The individual viewing areas of the adult-oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
18.
No individual viewing area may be occupied by more than one person at any one time.
19.
The adult-oriented business shall not permit noise generated inside said premises to exceed fifty-five dbA as measured at any point on the property line separating the property on which the adult business is located from adjacent properties.
20.
The adult-oriented business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.
21.
Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six feet. "Live entertainment," for the purposes of this requirement, shall mean any existent display by a human being which is characterized by an emphasis on specified sexual activities or specified anatomical areas. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.
22.
No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.
23.
Any adult-oriented business providing live entertainment shall provide one security guard for every one hundred patrons, or fraction thereof.
24.
No building, premises, structure or other facility shall be permitted to contain more than one type of adult-oriented business as such types of adult-oriented business are defined in Section 17.94.010. For the purposes of this section, the catch-all phrase "adult-oriented business" shall not be considered a single type of adult-oriented business.
25.
No owner or other person with managerial control over an adult-oriented business (as that term is defined in Section 17.94.010) which is not a theater, concert hall or similar establishment primarily devoted to theatrical performances shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque covering over the nipple and/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 specified anatomical area required to be covered.
26.
No owner or other person with managerial control over an adult-oriented business (as that term is defined in Section 17.94.010) which is a theater, concert hall or similar establishment primarily devoted to theatrical performances shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque covering, and/or the female breast with less than fully opaque covering over the nipple and/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 specified anatomical area required to be covered.
B.
The community development director shall deny the requested permit if the above findings have not been made.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 816-97 § 4; Ord. 1122-16 § 11)
§ 17.94.050 Permit-Duration.
An adult business permit shall be valid for a period of one year from the date of permit approval.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
§ 17.94.060 Permit-Renewal.
An adult business permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirements of the permit and is in compliance with all applicable provisions of this chapter. A request for permit renewal must be accompanied by a renewal application form which shall be made available by the community development department, and a permit renewal processing fee. If the application conforms to the previously approved application, and the adult business has not changed, the permit shall be renewed by the community development director. If the community development director finds that there have been changes in the operation of the adult business, or that such business is not in compliance with the provisions of this chapter, the permit renewal shall be denied. If the permit renewal is denied, the community development director shall initiate revocation proceedings as set forth in Section 17.94.080.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
§ 17.94.070 Permit-Nontransferable.
No adult business shall be sold, transferred or assigned by any permit holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall be thereafter null and void. An adult business permit held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult business from one type of adult business to another type of adult business use shall also render the permit null and void. An adult business permit shall be valid only at the exact location specified in the permit.
(Ord. 771-94 § 3; Ord. 776-95 § 5)
§ 17.94.080 Enforcement and revocation.
A.
The permit holder shall allow officers of the city of Lawndale and their authorized representatives to conduct unscheduled inspections of the premises of the adult business for the purpose of ensuring compliance with the law at any time the adult business is open for business.
B.
The community development director shall revoke an adult business permit when:
2.
The application is discovered to contain incorrect, false or misleading information;
3.
The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is classified by the state as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
4.
If, on two or more occasions within a twelve-month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subdivision (3) of this subsection as a result of such person's activity on the premises or property on which the adult business is located, and the person or persons were employees, contractors or agents of the adult business at the time the offenses were committed;
5.
If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
6.
The adult business has been operated in violation of any of the requirements of this chapter, and (a) if the violation is of a continuous nature, the business continues to be operated in violation of such provisions for more than ten days following the date written notice of such violation is mailed or delivered to the owner, or (b) if the violation is of a noncontinuous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to owner within any twelve-month period).
C.
Upon determining that grounds for permit revocation exist, the community development director shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the adult business and by sending the notice by certified mail, postage prepaid, addressed to the permit holder as that name and address appears on the permit. Within fifteen calendar days after the later of the mailing or posting of the notice, the permit holder may file a request for hearing before the planning commission.
D.
Upon receipt of a written request for a hearing, the community development director shall set the hearing in the same manner as proscribed for special use permits.
E.
No application for an adult business permit shall be accepted or processed for any person, corporation, partnership or member thereof, or any other entity for which an adult business permit has been revoked within the preceding three-year period.
(Ord. 771-94 § 3; Ord. 776-95 § 5; Ord. 912-02 § 13)
§ 17.94.090 Expansion of legal nonconforming uses.
Notwithstanding any other provisions of this code, no adult-oriented business legally operating prior to the effective date of the ordinance codified in this chapter may be expanded in any manner unless and until the entire adult-oriented business complies in all respects with the provisions of this chapter and/or any other provision of the code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the adult-oriented business is located or operating and/or the introduction and/or addition of any category of adult-oriented business not legally operating on the property prior to the enactment of the ordinance codified in this chapter as such separate categories of adult-oriented business uses are contained in Section 17.94.010. For the purposes of this section, the catchall phrase "adult-oriented business" shall not be considered a single category of adult-oriented business.
(Ord. 771-94 § 3)