Pleasanton City Zoning Code
CHAPTER 18
114 ADULT ENTERTAINMENT ESTABLISHMENTS
§ 18.114.010 Purpose and intent.
It is the purpose of this chapter to provide for the reasonable and uniform regulations of adult entertainment establishments, as defined herein. It is the intent of this chapter that the regulations be utilized to prevent the serious objectionable operational characteristics of adult entertainment establishments, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon adjacent areas. The distribution, sale, exhibition, or display of obscene matter or obscene live conduct in or about a public place presents a serious deleterious effect up-on the public health, morals, and general welfare. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
(Ord. 1603 § 1, 1993)
§ 18.114.020 Definitions.
For the purposes of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section.
means any place or business at which one or more of the following activities is conducted:
"Adult bookstore"a. b. c.
means an establishment that devotes more than 20 percent of the total shelf, rack, table, standard or floor area utilized for the display and sale of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities"; or
An establishment with a majority of: (1) its floor area devoted to; (2) stock-in-trade consisting of; or (3) gross revenues 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."
An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 20 of the total floor area of the establishment to the sale of books and periodicals.
"Adult motion picture theater"
means an establishment, with a capacity of more than one person, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons. For purposes of this subsection A2 and subsection A3, a "substantial portion of the total presentation time" shall mean the presentation of films or shows described above for viewing on more than 14 days within any 56 consecutive-day period.
"Adult video store"
means an establishment having more than 20 percent: (a) its floor area devoted to; (b) stock-in-trade consisting of; or (c) gross revenues derived from, films, motion pictures, video cassettes, video reproductions, or other visual representations which are distinguished or characterized by their emphasis on matter depicting, or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, or any establishment devoted to the sale or display of such material.
"Other businesses"
means any business not otherwise herein defined or identified which involves "specific sexual activities" or display of "specified anatomical areas."
means an institution which people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation, and shall include buildings in which the religious services of any denomination are held.
means any book, magazine, newspaper, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction of any other articles, equipment, machines or materials.
means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
means an area publicly owned and dedicated as a park whether developed or not.
for purposes of this chapter, means a residential zone which shall include the R-1, R-M, PUD-HDR, MDR, LDR and RDR zoning districts.
means 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 learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, buttocks, or female breasts.
means less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
means an area in any adult book and/or novelty store, cabaret, theater, motion picture arcade, or other adult entertainment establishment, where a patron or customer would ordinarily be positioned for purposes of viewing or watching a performance, picture, show, or film.
(Ord. 1603 § 1, 1993)
§ 18.114.030 Prohibition.
A.
No person shall cause or permit the establishment, enlargement or transfer of ownership or control of any adult entertainment establishment if such establishment is within 500 feet of another such business, 500 feet of any residential zone or residential use, or within 500 feet (of any church, school, or public park within the city, or within 500 feet of an establishment selling and serving alcohol. For purposes of this section, a hotel/motel shall not be considered as a residential use.
B.
An adult entertainment establishment shall not be permitted to be established, enlarged or transferred unless the provisions of the zone in which the site or proposed site is located permits such a use.
C.
For purposes of this section, 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.
(Ord. 1603 § 1, 1993)
§ 18.114.040 Measure of distance.
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment. The distance between any adult entertainment establishment and any church, school, public park, establishment selling and serving alcohol or residential zone or use, shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the church, school, public park, or residential zone or residential use, or establishment selling and serving alcohol.
(Ord. 1603 § 1, 1993)
§ 18.114.050 Zoning districts-Permitted.
An adult entertainment establishment shall be permitted only in the commercial zones listed in Table 18.44.080 of Chapter 18.44.
(Ord. 1603 § 1, 1993; Ord. 2155 § 3, 2017)
§ 18.114.060 Adult entertainment establishment permit required.
A.
Prior to commencing any work pertaining to the development, construction, reconstruction, relocation, conversion, alteration, expansion, or establishment of any adult entertainment establishment, the applicant shall submit to the city planning division an application for an adult entertainment establishment permit on a form approved by the planning division and a site plan. A fee therefor shall be paid pursuant to Section 18.114.070 of this chapter. The application and site plan are required for purposes of verification that the request complies with the design and performance standards, and is in conformity with the locational criteria, set forth in this chapter.
B.
The applicant shall also submit to the police chief an application for an adult entertainment establishment permit. Said application shall be in writing on a form prescribed by the police chief and shall be signed by the applicant. The application shall set forth the exact nature of the activities proposed to be conducted, the proposed place of business and facilities therefor, and the name and address of each applicant. The chief of police may require the applicant to allow fingerprints to be taken for the purpose of establishing identification. Any applicant shall furnish the following information:
1.
The previous addresses of each applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence of each.
2.
Written proof that the applicant is at least 18 years of age.
3.
The applicant shall allow the police department official who processes the application to take photographs of the applicant.
4.
Applicant's height, weight, color of eyes and hair.
5.
Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application.
6.
If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held, and the name and address of the person or agent to accept service of a summons and complaint. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
7.
The names and residence addresses of all persons currently employed or intended to be employed in the adult entertainment establishment, regardless of the nature of employment, along with the proposed or actual nature of the work performed or to be performed and recent passport-size photographs of each employee, suitable to the police department official processing the application. The chief of police may require each such employee to allow fingerprints to be taken for the purpose of identification. Any applicant or permittee shall notify the city in writing of the names and addresses and shall supply such photographs of any new employees within five days of such employment. Such new employees shall allow fingerprints to be taken for identification purposes.
8.
Such other information as may be deemed necessary by the chief of police.
C.
Within 60 days following receipt of a completed application, the chief of police shall either issue the permit or mail to the applicant a written statement of the reasons for denial thereof. The police chief shall issue an adult entertainment establishment permit to any person whose application complies with the requirements of this chapter, unless grounds for denial of such permit are found to exist. Grounds for denial include:
1.
The applicant made a material misstatement in the application for a permit.
2.
The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Sections 243.4, 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence. The basis for denial stated in this subsection (C)(2) shall not apply to adult theaters, adult bookstores, or adult video stores. Prior to denying a permit under this chapter for either of said activities by reason of such conviction, the chief of police shall make a finding that by reason of the nature of the conviction or underlying facts, or by reason of the anticipated nature of the activities to be carried out under the permit applied for, or by reason of any other relevant factors, the issuance of such permit would be inconsistent with the general health, safety and welfare.
3.
That the operation of an adult entertainment establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations.
4.
That the applicant has violated any provision of this chapter; or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of adult entertainment establishments.
D.
It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of an adult entertainment establishment without an adult entertainment establishment permit.
E.
An adult entertainment establishment permit shall not be transferrable and a new permit must be obtained if the adult entertainment establishment is leased, subleased, sold, or otherwise transferred for any reason, as the term "transfer of interest" is defined in Section 18.114.140 of this chapter.
(Ord. 1603 § 1, 1993; Ord. 2000 § 1, 2009)
§ 18.114.070 Adult entertainment establishment permit application fee.
Any application for a permit to operate an adult entertainment establishment shall be accompanied by a nonrefundable fee as set forth in the city master fee schedule (on file in the office of the city clerk). The application fee shall be used to defray, in part, administrative costs incurred in the processing of such application, and is not made in-lieu of any other fees or taxes required under this code. A permit to operate an adult entertainment establishment shall be renewed annually.
(Ord. 1603 § 1, 1993)
§ 18.114.080 Adult entertainment facilities and operation requirements.
All adult entertainment establishments shall comply with the following facilities, design, performance, and operations requirements:
A.
Such establishments shall comply with all site development standards, including parking, of the zone in which an adult entertainment establishment is located and all codes, including Building and Fire Codes.
B.
Adult entertainment establishments shall close and remain closed from 11:00 p.m. to 10:00 a.m.
C.
Signs, advertisements, displays, or other promotional materials depicting or describing "specified anatomical areas" or "specified sexual activities" or displaying instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment establishment is conducted.
D.
Each adult entertainment establishment shall have a business entrance separate from any other nonadult business located in the same building, except in the C-R(M) zoning district.
E.
All building openings, entries, and windows for an adult entertainment establishment shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment establishment from any area open to the general public.
F.
No adult entertainment establishment 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 entertainment establishment is conducted.
G.
The building entrance to the adult entertainment establishment shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
H.
No loudspeakers or sound equipment shall be used by adult entertainment establishment for the amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment establishment is conducted.
I.
Each adult entertainment establishment 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 entertainment establishment is open to the public.
J.
Any viewing area, as defined in this chapter, shall be visible from the manager's station of the adult entertainment establishment, and visibility of the entire viewing area from the manager's station shall be neither obscured nor obstructed by any merchandise, curtain, door, wall, or other structure.
K.
All exterior areas of adult entertainment establishment, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
L.
The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the Uniform Fire Code and Uniform Building Code.
M.
An on-site security program shall be prepared and implemented including the following items:
1.
All off-street parking areas and building entries serving the adult entertainment establishment shall be illuminated during all hours of operation with a lighting system which provides 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 entertainment establishment 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 plot plan and shall be subject to review for compliance through the design review process by the community development director and police chief.
2.
All interior portions of the adult entertainment establishment, except those areas devoted to motion pictures, shall be illuminated during all hours of operation with a lighting system which provides a minimum maintained horizontal illumination of not less than two foot-candles of light.
3.
For adult entertainment establishments which exceed an occupant load of 125 persons, the provision of on-site security personnel shall be required during all business hours. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the police chief.
(Ord. 1603 § 1, 1993; Ord. 2000 § 1, 2009)
§ 18.114.090 Adult motion picture theaters.
An adult motion picture theater shall comply with all the conditions stated in Section 18.114.080 and the following requirements:
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 viewing areas.
B.
No adult motion picture theater shall be maintained or operated unless the complete interior of the adult motion picture theater is visible upon entrance to such adult motion picture theater.
C.
Maximum number of devices. No person shall operate an adult motion picture theater 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.
(Ord. 1603 § 1, 1993)
§ 18.114.100 Viewing booths.
A permittee who operates or causes to be operated an adult entertainment establishment and regardless of whether or not an adult entertainment establishment permit has been issued to said business under this chapter, and which exhibits on the premises in a viewing room of less than 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 entertainment establishment permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, 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 32 square feet of floor area.
B.
No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the city zoning administrator.
C.
It is the duty of the permittee 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 viewing equipment. If the premises has two 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 permittee and any employees present on the premises to ensure that the view area specified in subsection D 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.
F.
No viewing booth shall be occupied by more than one person at any one time.
G.
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than two foot-candles as measured at the floor level. It shall be the duty of the permittee and any employees present on the premises to ensure that the required illumination is maintained at all times that any patron is present on the premises.
(Ord. 1603 § 1, 1993)
§ 18.114.110 Inspection by officials.
Any and all investigating officials of the city shall have the right to enter adult entertainment establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with state or federal laws and building, fire, electrical, plumbing, health regulations or provisions of this chapter. A warrant shall be obtained whenever required by law.
(Ord. 1603 § 1, 1993)
§ 18.114.120 Business name.
No person licensed to operate an adult entertainment establishment shall operate under any name or conduct business under any designation not specified in the permit.
(Ord. 1603 § 1, 1993)
§ 18.114.130 Business location change.
Upon a change of location of an adult entertainment establishment, an application for a zoning certificate as well as application to the chief of police shall be made, and such application shall be granted; provided all applicable provisions of this code are complied with and a change of location fee as set forth in the municipal fee schedule to defray, in part, the administrative costs incurred has been paid to this city.
(Ord. 1603 § 1, 1993)
§ 18.114.140 Transfer of interest.
No permit issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engage in the enterprise for which the permit is issued. As used in this section, transfer includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to this chapter, including transfer of more than 10 percent of the stock of any corporation.
(Ord. 1603 § 1, 1993)
§ 18.114.150 Display of permit.
The owner or operator of an adult entertainment establishment shall display the establishment permit in an open and conspicuous place on the premises. Passport-size photographs of the permittee shall be affixed to the permit on display pursuant to this chapter.
(Ord. 1603 § 1, 1993)
§ 18.114.160 Suspension of adult entertainment establishment permit.
A.
After a public hearing conducted pursuant to Section 18.124.130, the zoning administrator shall suspend an adult entertainment establishment permit for a period not to exceed 30 days or until the violation has been corrected, whichever is later, if the evidence presented establishes that one or more of the following conditions exist:
1.
That the conduct of the adult entertainment establishment does not comply with all applicable laws including, but not limited to, the city's Fire, Building, Zoning, or Health and Safety Codes; or the locational criteria or design and performance standards as set forth in this chapter;
2.
That there was not a responsible person over 18 years of age on the premises to act as a manager at all times during which the adult entertainment establishment was open;
3.
That the permittee, manager, or any employee of the permittee or manager has knowledge that the adult entertainment establishment has been used on an on-going basis as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation, or other lewd acts occur or have occurred;
4.
That the permittee, manager, or any employee, partner, director, officer, majority stockholder, or manager has violated any provision of this chapter;
5.
That the permittee, manager, or any employee has failed to prevent or failed to clean up materials harmful to minors left in the immediate area outside of the adult entertainment establishment building;
6.
That the permittee, manager, or any employee of the permittee or manager refused to allow lawful inspection of the premises pursuant to Section 18.114.110;
7.
That the permittee, manager, or any employee of the permittee or manager knowingly permitted gambling on the premises.
8.
That the permittee, manager, or any employee of the permittee or manager was found to be intoxicated or under the influence of a controlled substance while on duty at the adult entertainment establishment and acting in the capacity of manager;
B.
The review of an adult entertainment establishment permit for its possible suspension shall be conducted by the zoning administrator. The zoning administrator shall make his or her written determination including findings. A copy of the written determination and the findings therefor shall be provided to the permittee. The permittee may appeal such determination as provided in Chapter 18.144 of this title.
(Ord. 1603 § 1, 1993)
§ 18.114.170 Revocation of adult business permit.
A.
An adult entertainment establishment permit shall be revoked and no adult entertainment establishment permit may be requested for the same location within a one year period if one or more of the following conditions is found to exist:
1.
That the permittee, his or her employee, partner, director, officer, stockholder, or manager has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the police department or other department of the city;
2.
That the permittee, manager, or any employee of the permittee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult entertainment establishment;
3.
That the permittee, manager, or any employee of the permittee or manager knowingly allows any minor into the establishment, permits use of the facilities by a minor, and/or sells adult-oriented materials to a minor;
4.
That the approved adult entertainment establishment has been expanded, or partially or wholly converted to another adult entertainment establishment without the required city approvals and permits;
5.
That there have been two suspensions of the adult entertainment establishment permit within a three year period;
6.
That the permittee, manager, or any employee of the permittee or manager, knowingly allowed possession, use, or sale of controlled substances, or knowingly allowed acts of prostitution on the premises; or
7.
That the permittee or manager continued to operate the adult entertainment establishment during a suspension period of the adult entertainment establishment permit.
8.
That a permittee has been convicted of a "specified criminal act" stated in subsection 18.114.060(C)(2), for which the required time period has not yet elapsed.
9.
That on two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult entertainment establishment at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
10.
That a permittee, manager or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
11.
That a permittee or manager is operating more than one adult business in the same building.
B.
If the facts warrant, suspension may be imposed in lieu of revocation.
C.
The zoning administrator shall conduct a hearing to consider revocation of an adult entertainment establishment permit and make a written determination, including findings, in accordance with the findings indicated in Chapter 18.124 of this title. A copy of the written determination including the findings therefor shall be provided to the permittee. The permittee may appeal such determination as provided in Chapter 18.144 of this title.
(Ord. 1603 § 1, 1993)
§ 18.114.180 Exceptions.
The following are specifically excluded from the meaning of the term "adult entertainment establishment":
A.
Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly licensed to practice their respective professions in the state of California and are practicing their respective professions;
B.
Any activity conducted or sponsored by any school district or other public agency.
(Ord. 1603 § 1, 1993)
§ 18.114.190 Severability.
If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable.
(Ord. 1603 § 1, 1993)