It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult uses in close proximity to each other or proximity to other incompatible uses such as schools, religious institutions, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult uses causes an increase in the number of transients in the area and an increase in crime, and in addition to the effects described above can cause other uses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult uses or their close proximity to incompatible uses, while permitting the location of adult uses in certain areas.

The purpose of this chapter is to provide reasonable and uniform operational and development regulations regulating the time, place and manner of the operation of adult use facilities in order to minimize the negative secondary effects associated with such facilities.

(Ord. 1273 § 3 (part), 1998)

A.

In addition to the definitions contained in this code, the following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of this code, these definitions shall prevail:

1.

"Administrator" means the city administrator and/or his or her designee;

2.

"Adult arcade" means any business establishment or concern to which the public is permitted or invited and where coin or slug operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos 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."

3.

"Adult bookstore" means any business establishment or concern having as a regular and substantial portion of its stock in trade, "material" (as defined below) which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."

4.

"Adult use" or "adult business" means:

a.

Any business establishment or concern which as a regular and substantial course of conduct operates as an adult bookstore, adult theater, adult arcade, adult cabaret, adult motel or hotel; or

b.

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

5.

"Adult cabaret" means a nightclub or other business establishment or concern (whether or not serving alcoholic beverages) which features 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."

6.

"Adult hotel/motel" means a hotel or motel, as defined in this code, which is used for presenting on a regular and substantial basis "material" which is distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas" through closed circuit or cable television or through videotape recorder where video tapes are provided by the hotel/motel.

7.

"Adult oriented merchandise" means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually-oriented vibrators, ben wa 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."

8.

"Adult theater" means a theater or other commercial establishment with or without a stage or proscenium which is used for presenting on a regular and substantial basis, "material" which is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "specified sexual activities" or "specified anatomical areas."

9.

"Arcade booth" means any enclosed or partially enclosed portion of an establishment in which an adult arcade is located, or where a live performance is presented, on a regular or substantial basis, where the material presented is distinguished or characterized by an emphasis on matter depicting, or describing, or relating to "specified sexual activities" or "specified anatomical areas."

10.

"Establishment of an adult use" means and includes any of the following:

a.

The opening or commencement of any adult use as a new use;

b.

The conversion of an existing use, whether or not an adult use, to any adult use defined herein;

c.

The conversion of a vacant building for use as any adult use defined herein;

d.

The addition of any of the adult uses defined herein to any other existing adult use;

e.

The relocation of any adult use;

f.

The expansion of the square footage of an existing adult use by more than fifty percent.

11.

"Material" relative to adult uses, means and includes, but is not limited to, accessories, paraphernalia, books, magazines, photographs, prints drawings paintings motion pictures pamphlets videos slides tapes or electronically generated images or devices including computer software, or any combination thereof.

12.

"Park" means any property within the city which is used as a public park or is designated park on the General Plan Land Use Map.

13.

"Performer" means any person who is an employee or independent contractor of the adult use, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult use.

14.

"Religious institution" means a facility used primarily for religious assembly or worship and related religious activities.

15.

"Residential zone" means any property within the city which carries a zoning designation permitting the location of a residence, including and limited to A-l (agricultural), R-1A-10,000 (single-family residential), R-1A (single-family residential) R-1B (single-family residential) R-1C (single-family residential) R-6,000 (single-family residential), PRD-D (planned residential development-detached), MHD (mobile home development), PRD-A (planned residential development-attached), R-3 (multi-family residential), R-4 (multi-family residential) and in the Central Area Specific Plan any area with the zoning designation SFR (single-family residential), MFR (multi-family residential), and R-X (increased density residential). However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit.

16.

"School" means any 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 and has an approved use permit, if required, under the applicable jurisdiction. This definition includes a pre-school, nursery school, kindergarten, elementary school, junior high school, and senior high school. The definition of school does not include a vocational institution.

17.

"Specified anatomical areas" means:

1.

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

a.

Human genitals, pubic region,

b.

Buttock, or

c.

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

2.

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

18.

"Specified sexual activities" means:

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; 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. 1273 § 3 (part), 1998)

A.

Subject to the limitations of this chapter, adult uses may be established within the:

1.

R-C (retail commercial) and F-C (freeway commercial) zone of the Gateway Specific Plan; or

2.

H-Ind (heavy industrial) zone of the Agua Mansa Specific Plan

B.

In those land use designations where the adult uses regulated by this chapter would otherwise be permitted uses, it shall be unlawful to establish any such adult use if the location is:

1.

Within a seven hundred fifty foot radius to any residential zone, established at the time the adult use development permit is deemed complete. The distance between the adult use or proposed adult use and a residential zone shall be measured between the nearest exterior wall of the proposed use, and the nearest lot line included within the residential zone, along a straight line extended between the two points.

2.

Within a seven hundred fifty foot radius of a school or park, established at the time the adult use development permit is deemed complete. The distance between the adult use or proposed adult use and a park or school shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school or park site, measured along a straight line extended between the two points.

3.

Within a seven hundred fifty foot radius of a religious institution, established at the time the adult use development permit is deemed complete. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the religious institution, measured along a straight line extended between the two points.

4.

Within a seven hundred fifty foot radius of any other adult use regulated under this chapter and established at the time the adult use development permit is deemed complete. Distances between uses shall be measured between the nearest exterior walls of such use or proposed use along the shortest route intended and available for public traverse between said uses.

(Ord. 1273 § 3 (part), 1998)

A.

Hours of Operation.

1.

It is unlawful for any operator or employee of an adult use to allow such adult use to remain open for use, or to permit any employee 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 two a.m. and ten a.m. of any day.

2.

The hours of operation of any adult business which has a permit from the State Alcohol Beverage Control Board shall be governed by the provisions of the alcohol beverage control permit and not by this section.

B.

Lighting Requirements All exterior areas of the adult use shall be illuminated at a minimum of one and one-half footcandle, minimally maintained and evenly distributed at ground level.

C.

Access Provision. The operator shall not permit any doors on the premises to be locked during use hours and, in addition, the operator shall be responsible to see that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer.

D.

Minors' Access.

1.

X-Rated Movies. X-rated movies or videotapes shall be restricted to persons over eighteen years of age If an establishment that is not otherwise prohibited from providing access to persons under eighteen years of age sells, rents, or displays videos that have been rated "X" or "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 which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas," said videos shall be located in a specific section of the establishment where persons under the age of eighteen shall be prohibited.

2.

Other Adult Materials. Access to adult materials shall be restricted to persons over eighteen years of age.

3.

It is unlawful for any employee, owner operator responsible managing employee, manager or permittee of an adult entertainment use to allow any person below the age of eighteen years upon the premises or within the confines of any adult entertainment use, either as a patron or employee, if no liquor is served, or under the age of twenty-one if liquor is served.

E.

Regulation of Closed Booths. No adult use shall maintain any arcade booth or individual viewing area unless the entire interior of such premises wherein the picture or entertainment that is viewed is visible upon entering into such premises; and further, that the entire body of any viewing person is also visible immediately upon entrance to the premises without the assistance of mirrors or other viewing aids. No partially or fully enclosed booths/individual viewing areas or partially or fully concealed booths/individual viewing areas shall be maintained. No arcade booth shall be occupied by more than one individual at a time. No holes or other openings (commonly known as "glory holes") shall be permitted between arcade booths or individual viewing areas.

F.

Regulation of Viewing Areas. All viewing areas within the adult use shall be visible from a continuous and accessible main aisle or aisles in a public portion of the establishment, and not obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing into the viewing areas from the main aisle. A manager shall be stationed in the main aisle or video monitoring shall be established at a location from which the inside of all of the viewing areas are visible at all times in order to enforce all rules and regulations. All viewing areas shall be designed or operated to permit occupancy of either one person only, or more than ten persons "Viewing area" shall mean any area in which a person views performances pictures, movies, videos, or other presentations.

G.

Business License. A person shall not own, operate, manage, conduct or maintain an adult use without first having obtained a business license from the collector, as that individual is defined in Section 5.04.020(C) of this code. The issuance or denial of the use license shall be made within fifteen days of the applicant's submitted application.

H.

On-Site Manager—Security Measures. All adult uses shall have a responsible person who shall be at least eighteen years of age, or twenty-one years of age if liquor is served, and shall be on the premises to act as manager at all times during which the use is open. The individual designated as the on-site manager shall be registered with the administrator by the owner to receive all complaints and be responsible for all violations taking place on the premises.

The adult use shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, uniformed security guards to patrol and monitor the parking lot areas during all use hours. A sign indicating compliance with this provision shall be posted on the premises. The sign shall not exceed two feet by three feet and shall at a minimum be one foot by one and a half feet.

I.

Live Entertainment—Operating Requirements. The following additional requirements shall pertain to adult uses providing live entertainment. No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of an adult use providing live entertainment unless each and all of the following requirements are met:

1.

No employee, owner, operator, responsible managing employee, manager or permittee of an adult use live entertainment business establishment shall allow any person below the age of eighteen years upon the premises or within the confines of that business establishment if no liquor is served, or under the age of twenty-one if liquor is served.

2.

No person shall perform for patrons of an adult use live entertainment business establishment except upon a fixed stage at least eighteen inches above the level of the floor.

3.

No performer shall dance with or otherwise be within six feet of a patron while performing for compensation or while on licensed premises. This six foot separation shall be marked by a railing or other physical barrier designed to obstruct any contact between the performer and the patron(s)

4.

No owner, operator responsible managing employee, manager or permittee shall permit or allow at licensed premises any patron to approach within six feet of a nude performer or a performer displaying specified anatomical areas, or permit or allow a nude performer or a performer displaying specified anatomical areas whether or not performing to approach within six feet of a patron.

5.

All nude performers or performers displaying specified anatomical areas other than while performing shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers their specified anatomical areas.

6.

If patrons wish to tip performers, receptacles shall be at least six feet from the stage or other area used by the performers. Patrons shall not throw tips to performers, nor provide tips directly to performers or place tips in the performers' costumes. When patrons are at the establishment, they shall not be allowed to directly touch, fondle or caress performers while they are performing with the intention to sexually arouse or excite. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier and if necessary by employees of the establishment.

7.

The adult use shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use.

8.

The adult use shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons.

9.

The adult use shall provide access for performers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult use 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.

10.

Fixed rail(s) at least thirty inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

(Ord. 1273 § 3 (part), 1998)

A.

No adult use may be established within the city by right—all persons wishing to establish an adult use within the city must apply for and receive an adult use development permit under this chapter.

B.

It is the burden of the applicant to supply evidence to justify the grant of an adult use development permit.

C.

Any person desiring to establish an adult use within the city shall file with the administrator an adult use development permit application on a standard application form supplied by the planning division of the development services department.

(Ord. 1273 § 3 (part), 1998)

A.

The application must be signed by the property owner or lessee. If the application is signed by a lessee, a notarized statement signed by the property owner shall accompany the application. Proof of status is required.

B.

All applicants for an adult use development permit must also fill out the city's environmental package for purposes of complying with the California Environmental Quality Act ("CEQA").

(Ord. 1273 § 3 (part),1998)

The city council, by resolution shall set a reasonable nonrefundable application fee for persons applying for an adult use development permit. The fee shall not exceed the reasonable estimated costs of the city expended in processing the permit application.

(Ord. 1273 § 3 (part), 1998)

A.

Not later than fifteen calendar days after the city has received the application, the administrator shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the application is determined to be incomplete, the administrator's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the applicatio. Upon receipt of any resubmittal of the application a new fifteen-day period shall begin during which the administrator shall determine the completeness of the application. Nothing in this subdivision precludes an applicant and the city from mutually agreeing to an extension of any time limit provided by this subdivision.

If the written determination is not made by the administrator within fifteen days after receipt of the application, or within fifteen days of resubmittal of any application initially determined to be incomplete, the application shall be deemed complete for purposes of this section.

B.

The applicant may appeal a determination of incompleteness to the planning commissio. The planning commission shall render a final written determination on the appeal not later than thirty calendar days after receipt of the applicant's written appea. If the planning commission fails to render a final written determination within thirty calendar days, the application shall be deemed complete for purposes of this section.

C.

Upon the filing of a completed application planning division staff shall make an appropriate investigation including consultation with city building, police, and fire departments and with the engineering and planning divisions of the development services department, and inspection of the premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed application.

D.

After the investigation has been completed, the planning division shall notice and set a public hearing to be conducted by the planning commission, as prescribed in Section 18.66.080 of this code, on the application for an adult use development permit. Public notice shall also be provided by publication in a newspaper of general circulation within the city at least ten days before the scheduled hearing.

E.

In reaching a decision, the commission shall not be bound by the formal rules of evidence.

F.

The planning commission ("the commission") shall grant conditionally grant or deny an application for an adult use development permit. Any conditions imposed upon the permit shall be in keeping with the objective site development standards for height bulk, space setbacks, landscaping, signs and off-street parking of the underlying zoning district in which the property is located the development and operating standards set forth in Section 18.105.040 of this chapter.

G.

The planning commission shall render a wntten decision on the application for an adult use development permit within sixty days of detennining an application is complete. This sixty-day time period may be extended only with the concurrence of the applicant. However, in the event that the project requires a negative declaration, mitigated negative declaration or any type of environmental impact as defined in CEQA (Public Resources Code Section 21000 et seq.), the timeframes set forth in CEQA and the companion Guidelines (14 C.C.R. Section 15000 et seq.) shall govern the CEQA approval. The failure of the commission to render such a decision within this time frame shall be deemed to constitute a denial and shall be automatically appealed to the city council at no cost to the applicant.

H.

The commission's decision shall be hand delivered or mailed to the applicant, and shall be provided in accordance with the requirements of this code

(Ord. 1273 § 3 (part), 1998)

A.

Any interested person may appeal the decision of the commission to the city council in writing accompanied by payment of an appeal fee within fifteen days after the commission's written decision. The city council, within the same fifteen days, may also initiate such an appeal.

B.

Consideration of an appeal of the commission's decision shall be at a public hearing which shall be noticed as provided in Chapter 18.68 of this code and shall occur within thirty days of the filing or initiation of the appeal. This thirty-day period may be extended only with the concurrence of the applicant. Public notice shall also be provided by publication in a newspaper of general circulation within the city at least ten days before the scheduled hearing.

C.

The city council action on the appeal of the commission's decision shall be by a majority vote of the quorum and upon the conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the application. The city council's decision shall be final and conclusive.

D.

In reaching its decision, the city council shall not be bound by the formal rules of evidence.

(Ord. 1273 § 3 (part), 1998)

A.

The time for court challenge to a decision by the city council is governed by California Code of Civil Procedure Section 1094.6.

B.

Notice of the city council's decision and its findings shall be promptly mailed by first-class mail, postage prepaid and including a copy of an affidavit or certificate of mailing, to the applicant and interested person shall include direct notice that the time within which judicial review of the decision must be sought is governed by California Code of Civil Procedure Section 1094.6.

(Ord. 1273 § 3 (part), 1998)

Any adult use development permit approved pursuant to this chapter shall become null and void unless the proposed use is established within six months of the date from the approval. As to facilities that are a reuse of existing facilities, the adult use development permit shall become null and void unless the proposed use is established within six months from the date of approval unless prior to said expiration date the permittee demonstrates to the satisfaction of the city's planning commission that it has a good faith intent to presently commence the proposed use. Such extensions shall not exceed a total of one six-month extension.

(Ord. 1273 § 3 (part), 1998)

A.

The commission or city council shall approve an application for an adult use development permit where the information submitted by the applicant substantiates the following findings:

1.

That the proposed use is located within (a) the R-C (retail commercial) and F-C (freeway commercial) zone of the Gateway Specific Plan; or (b) H-Ind (heavy industrial) of the Agua Mansa Specific Plan.

2.

That the proposed site is not located within a seven hundred fifty foot radius to any residential zone. The distance between the adult use or proposed adult use and a residential zone shall be measured between the nearest exterior wall of the proposed use, and the nearest property line included within the residential zone, along a straight line extended between the two points.

3.

That the proposed site is not located within a seven hundred fifty foot radius of a school or park. The distance between the adult use or proposed adult use and a park or school shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use to the property line of the school or park site, measured along a straight line extended between the two points.

4.

That the proposed site is not located within a seven hundred fifty foot radius of a religious institution. The distance between the adult use or proposed adult use and a religious institution shall be measured from the nearest exterior wall of the facility housing the adult use or proposed adult use along a straight line extended to the property line of the religious institution, measured along a straight line extended between the two points.

5.

That the proposed site is not located within a seven hundred fifty foot radius of any other adult use regulated under this chapter. Distances between uses shall be measured between the nearest exterior walls or such uses or proposed uses along the shortest route intended and available for public traverse between said uses.

6.

That the proposed use complies with the objective site development standards for height, bulk, space, setback, landscaping signs and off-street parking of the underlying zoning district in which the property is located and complies with development and operating standards set forth in Section 18.105.040 of this chapter.

7.

That neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense.

B.

Any conditions imposed upon the permit shall be in keeping with the objective site development standards for height bulk, space setbacks landscaping signs and off-street parking of the underlying zoning district in which the property is located and in keeping with the development and operating standards set forth in Section 18.105.040 of this chapter.

(Ord. 1273 § 3 (part), 1998)

A.

Any permit issued pursuant to the provisions of this chapter may be revoked by the city on the basis of any of the following:

1.

That the use or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the approved plans and procedures described in the application, or which violates the occupant load limits set by the fire marshal;

2.

That the permittee has failed to obtain or maintain all required city, county, and state licenses and permits;

3.

That the permit is being used to conduct an activity different from that for which it was issued;

4.

That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully or at the hearing on the issuance of the permit;

5.

That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the use or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Code;

6.

That the permittee, if an individual, or any of the officers or general partners, if a corporation or partnership is found guilty or pleaded nolo contendere to a misdemeanor or felony classified by the state as a sex or sex-related offense during the period of the adult establishment's operation; or

7.

That the use for which the approval was granted has ceased to exist or has been suspended for one year or more.

B.

Written notice of a hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing.

C.

The revocation hearing shall be heard by the commission. The commission shall not be bound by the formal rules of evidence at the hearing.

D.

The commission shall notice and conduct a public hearing, as prescribed in this code, on the proposed permit revocation.

E.

The commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's adult use development permit. Any additional conditions imposed upon the permit shall be in keeping with the objective site development standards for height bulk space setbacks, landscaping signs and off-street parking of the underlying zoning district in which the property is located the development and operating requirements set forth in Section 18.105.040 of this chapter.

F.

The commission's decision shall be in writing, and shall be hand delivered or mailed to the applicant.

G.

The commission shall make its decision within thirty days from the conclusion of the public hearing. The commission's failure to render such a decision within this time frame shall constitute a denial and be automatically appealed to the city council at no cost to the applicant.

H.

Any interested person may appeal the decision of the commission upon payment of the required fee to the city council in writing within fifteen days after the written decision of the commission in accordance with the provisions of Section 18.66.090 of this title.

I.

In the event a permit is revoked pursuant to this chapter, another adult use development permit to operate an adult use shall not be granted to the permittee, if an individual, or any subsidiaries or affiliates or any of the directors officers general partners, or agents thereof if a corporation or partnership within twelve months after the date of such revocation.

(Ord. 1273 § 3 (part), 1998)

Any person who violates any section of this chapter shall be guilty of a misdemeanor and subject to a fine of five hundred dollars and/or imprisonment in the county jail for a period of up to six months or any other legal remedy available to the city.

(Ord. 1273 § 3 (part), 1998)

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 articles of the zoning code, other city ordinances and state and federal law.

(Ord. 1273 § 3 (part), 1998)

The conduct of any use within the city in violation of any of the terms of this chapter is found and declared to be a public nuisance, and the city attorney or the district attorney may in addition or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoinment thereof in the manner provided by law and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult use establishment and restrain and enjoin any person from conducting, operating or maintaining an adult use establishment contrary to the provisions of this chapter.

(Ord. 1273 § 3 (part), 1998)

If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed and adopted this chapter, and each and all provisions hereof, irrespective of the fact that one or more provisions, either alone or as applied in connection with other provisions may be declared invalid

(Ord. 1273 § 3 (part), 1998)