The City Council of the City of Victorville, California, finds that:

(a)

The City Council, in adopting the ordinance codified in this Chapter, takes legislative notice of the existence, content and findings of the following studies concerning the adverse secondary effects of adult-oriented businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council also takes legislative notice of a number of judicial rulings upholding the use of adverse secondary effect studies, including but not limited to the cases in subsections (2) and (5) of this Section.

The City Council finds that these studies and decisions (hereinafter "studies") are, in whole or in part, relevant to the problems addressed by the City in enacting said ordinance to regulate the adverse secondary effects of adult-oriented businesses, and more specifically finds that these studies provide convincing evidence that:

(1)

Adult-oriented businesses are linked to and associated with increases in crime rates in those areas in which they are located and in surrounding areas.

(2)

Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and deterioration of the areas next to which, and near which, they are located.

(3)

The proximity and concentration of adult-oriented businesses adjacent to bars, taverns, or stores that sell alcoholic beverages, and residential, recreational, religious, educational (collectively "protected uses") (see Section 16-3.23.040), as well as to other adult-oriented business uses can, and often does, cause such other uses to move elsewhere.

(4)

An increase in crime tends to accompany, concentrate around, and/or be aggravated by adult-oriented businesses, including but not limited to an increase in illegal narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies establish convincing evidence that adult-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby protected uses, causing, among other adverse secondary effects, an increase in crime and a decrease in property values.

(b)

The City Council is particularly concerned about the impact upon children of the adverse secondary effects of adult businesses, because children are more susceptible than adults to these effects.

Thus, the City Council finds that distances between adult-oriented businesses and those places regularly inhabited by children, such as schools, playgrounds, and residences, must be larger and further apart than are some other locational restrictions. The City Council notes that the United States Supreme Court has repeatedly recognized that activities adversely impacting minors may be specially regulated in order to protect the minors' physical and psychological well-being, e.g., Sable Communications of California, Inc. v. FCC, 492 U.S. 115, 126 (1989); Bethel School District No. 403 v. Fraser, 478 U.S. 675, 683-684 (1986); New York v. Ferber, 458 U.S. 747, 761,763-764 (1982); Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 607 (1982); Board of Education v. Pico, 457 U.S. 853, 871-872 (1982) (plurality opinion); id. at 879-881 (Blackmun, J., concurring in part and in judgment); id. at 918-920 (Rehnquist, J., dissenting); FCC v. Pacifica Foundation, 438 U.S. 726, 749 (1978); Ginsberg v. New York, 390 U.S. 629, 634-643 (1968); Prince v. Massachusetts, 321 U.S. 158, 168 (1944).

The City Council also finds that in view of the association between adult-oriented businesses and the excessive use of alcohol, as reflected in the studies, the distance between adult-oriented businesses, on the one hand, and bars, taverns and stores that sell alcoholic beverages, on the other, must similarly be larger and further apart than are the distances relating to certain other locations.

(c)

Based on the foregoing, the City Council of the City of Victorville finds and determines that special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. Adult-oriented businesses, for example, attract an undue number of transients and thus cause nearby residents and businesses to relocate. The need for special regulations is based upon the recognition that adult-oriented businesses not only cause adverse secondary effects but have seriously objectionable operational characteristics, particularly when located in direct proximity to protected uses. These deleterious effects are heightened when the adult-oriented business is located next to or near bars, taverns and stores that sell alcoholic beverages. It is the purpose and the intent of these regulations to prevent or mitigate such adverse secondary effects by adult-oriented businesses.

(d)

The locational requirements established by this Chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult-oriented businesses in the City. A sufficient and reasonable number of appropriate locations for the operation of adult-oriented businesses will remain available after the enforcement of this Chapter.

(e)

In developing this Chapter, the City Council has been mindful of legal principles in relation to the regulation of adult-oriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution and Article 1, Section 2, of the California Constitution, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult-oriented businesses. The City Council has considered and attempted to follow decisions of the United States Supreme Court regarding local regulation of adult-oriented businesses, including but not limited to Young v. American Mini Theatres, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Ninth Circuit Court of Appeals decisions, including but not limited to Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (1993); and Spokane Acrade, Inc. v. City of Spokane, 75 F.3d 663 (1996); several California State cases, including but not limited to City of National City v. Wiener, 3 Cal.4th 832 (1993); People v. Superior Court, 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal. App.3d 1169 (1985); and other federal cases, including but not limited to Mitchell v. Commission on Adult Entertainment Establishment, 10 F.3d 123 (3rd Cir. 1993); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995), Lakeland Lounge of Jackson, Inc. v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992); Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); and International Eateries of America, Inc. v. Broward County, 941 F.2d 1157 (11th Cir. 1991).

(f)

The City Council of the City of Victorville also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City, and thus certain requirements with respect to the ownership and operation of adult-oriented businesses are essential to protect the public interest. In addition to the studies conducted in other cities regarding increases in crime rates, decreases in property values, and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in such cases as Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in adverse secondary effects such as prostitution, drug dealing, and other law enforcement problems.

(g)

The City Council finds the following, based upon the studies, judicial decisions and other documents in the public record:

(1)

Some dancers, models and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in adult-oriented businesses (collectively "performers") have been found to engage in sexual activities with patrons of adult-oriented businesses on the sites of the establishments;

(2)

Some performers employed by adult-oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

(3)

Some performers employed by adult-oriented businesses have been found to engage in acts of prostitution with patrons of the establishments;

(4)

Fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of adult-oriented businesses regularly have been found to be used as locations for engaging in unlawful sexual activity;

(5)

As a result of the above, and the increase in the incidence of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at adult-oriented businesses.

(h)

Zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the City and to help assure that all operators of adult-oriented businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses.

The City Council of the City of Victorville recognizes and is particularly concerned about the possible harmful effects on children and minors exposed to the adverse secondary effects of such adult-oriented businesses, and the need and desire of children and minors to stay away from and avoid such businesses, which, among other things, cause children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses. The City Council desires to minimize and control the adverse secondary effects associated with the operation of adult-oriented businesses and thereby protect the health, safety, and welfare of the citizens of Victorville, and in particular the health, safety and welfare of children and minors in the City; protect the citizens from increased crime; preserve their quality of life; preserve property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight, and protect against the threat to health from the spread of communicable and sexually transmitted diseases.

(i)

Nothing in this Chapter is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any applicable City ordinance or any statute of the State of California relating to public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or other illegal matter, or the exhibition or public display thereof.

(j)

In regulating nudity and seminudity in adult-oriented businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather to regulate such nudity due to the adverse secondary effects associated therewith.

(k)

The City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by the regulation of public nudity.

(l)

While the City Council desires to protect the rights conferred by the United States and California Constitutions on adult-oriented businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary adverse effects which the studies have shown to be associated with the development and operation of adult-oriented businesses.

(m)

In enacting nudity and seminudity regulations pursuant to this Chapter, the City declares that the regulations are licensing provisions and do not create or regulate a criminal offense. The City has not provided a criminal penalty for violations of these regulations. The City adopts the regulation only as a condition of issuance and maintenance of an adult-oriented business permit issued pursuant to the City Code, and violation of the regulation, the permit, or this Chapter shall result only in civil penalties, hereinafter prescribed.

(n)

The City Council finds that preventing the direct exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occurring in adult-oriented businesses.

(o)

Requiring separations between performers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or negotiate for the purpose of engaging in sexual activities or obtaining sexual favors within the adult-oriented businesses.

(p)

Enclosed or concealed booths and dimly-lit areas within adult-oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates the transmission of diseases. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided, are necessary in order to reduce the opportunity for, and therefore the incidence of, illegal conduct within adult-oriented businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

It is the purpose and legislative intent of the City Council in enacting the ordinance codified in this Chapter to prevent or mitigate to the extent possible the adverse secondary effects of adult-oriented businesses, such as those described in Section 16-3.23.010, as a result of their close proximity to protected uses and to other adult-oriented businesses. It is the intent of the City Council to prevent, through regulations, the establishment or location of an adult-oriented business within certain prescribed distances from protected uses and other adult-oriented businesses.

It is also the purpose and legislative intent of the City Council to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent or effect of this Ordinance to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent or effect of this Chapter to condone or legitimize the distribution of obscene material. Rather, the purpose and intent are to regulate, through a process of permit application, approval and oversight, the operation of adult-oriented businesses in an effort to prevent and/or mitigate negative secondary effects associated with adult-oriented businesses and to enhance the general welfare of the citizens of Victorville.

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Adult-oriented businesses" means any one of the following:

(a)

Adult Arcade. The term "adult arcade" as used in this Chapter means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(b)

Adult Bookstore. The term "adult bookstore" as used in this Chapter means an establishment that has thirty percent or more of its stock in adult sexually oriented merchandise and/or books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, computer generated images or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

(c)

Adult Cabaret. The term "adult cabaret" as used in this Chapter means a nightclub, restaurant, or similar business establishment which:

(1)

Regularly features live performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or

(2)

Regularly features persons who appear nude or semi-nude; and/or

(3)

Shows, photographs, motion pictures, video cassettes, slides, films, computer generated images, or other form of visual or audio representations thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(d)

Adult Motion Picture Theater. The term "adult motion picture theater" as used in this Chapter means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(e)

Adult Theater. The term "adult theater" as used in this Chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(f)

Adult Hotel/Motel. The term "adult hotel/motel" as used in this Chapter means a hotel or motel, 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 activities or specified anatomical areas and/or which rents leases, or lets any room for less than a twelve-hour period or rents, leases or lets any single room more than once in a twenty-four-hour period and/or which advertises any of the above.

(g)

Adult Model Studio. The term "adult model studio" as used in this Chapter means any premises where there is conducted the business or transaction of furnishing, providing or procuring figure models who pose in any manner characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for the propose of being observed or viewed by a person or being sketched, painted, drawn, sculptured, photographed, filmed, videotaped, or otherwise similarly depicted before persons who pay a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe a figure model, or for admission to, permission to or as a condition of remaining on the premises. Adult model studio shall not include any studio or classroom which is operated by any public agency, or any public or private educational institution authorized under Sections 94300 et seq. of the Education Code of the State to issue and confer a diploma or degree or any live art class.

(h)

Adult Sexually Oriented Merchandise. The term "adult sexually oriented merchandise" as used in this Chapter means sexually oriented implements and paraphernalia, including: dildos, auto-sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas and similar sexually oriented devices, which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity.

"Adult-oriented business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult-oriented business or the conduct or activities occurring on the premises thereof.

"Applicant" means a person who is required to file an application for a permit under this Chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult-oriented business.

"City Manager" means the City Manager of the City of Victorville or his or her designee. The City Manager in completing any application process or conducting any investigation referenced in this Chapter may utilize the services of any City department, including the police department for the City.

"Code enforcement official" means the City Manager of the City or his or her duly authorized representative.

Day. The term "day" means calendar day and not business day. Whenever "day" is used to identify requirements of this Chapter to be performed on a particular day, which day falls upon a holiday, Saturday or Sunday, the day for performance of the requirements of this Chapter will be the next business day after such holiday, Saturday or Sunday.

Distinguished or Characterized by an Emphasis Upon. As used in this Chapter, the term "distinguished or characterized by an emphasis upon" means and refers to the dominant or essential theme of the object described by such phrase. For example, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App.3d 151 (1981).

Establishment of an Adult-Oriented Business. To "establish" an adult-oriented business means and includes any of the following:

(a)

The opening or commencement of any adult-oriented business as a new business;

(b)

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

(c)

The addition of any adult-oriented business defined herein to any other existing adult-oriented business; or

(d)

The relocation of any adult-oriented business.

"Nudity" or "a state of nudity" means the showing of the human male or female genitals, pubic area, buttocks or anus with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Operate an Adult-Oriented Business. As used in this Chapter, "operate an adult-oriented business" means the operation of the business of an adult-oriented business by an operator as defined in this Section.

"Permittee" means the person to whom an adult-oriented business regulatory permit is issued.

A "person" means any individual, partnership, copartnership, firm, association, joint stock ;b0; company, corporation, or combination of the above in whatever form or character.

Regularly Features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas occur on two or more occasions within a thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred and eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, or anus, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. As used herein, "specified anatomical areas" means and includes any of the following:

(a)

Less than completely and opaquely covered human:

(1)

Genitals or pubic region,

(2)

Buttocks,

(3)

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

(4)

Anus;

(b)

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

(c)

Any device, costume or covering that simulates any of the body parts included in subdivisions (a) or (b) above.

Specified Sexual Activities. As used herein, "specified sexual activities" means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

(b)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(c)

Masturbation, actual or simulated;

(d)

Excretory functions as part of or in connection with any of the other activities described in subdivisions (a) through (c) above.

No adult-oriented business shall be established or located anywhere within the City limits of Victorville within:

(a)

One thousand feet of any residence, including any public housing development;

(b)

One thousand feet of a school, public or private, from and including preschool through college; a day care center, whether licensed or unlicensed; a public playground;

(c)

Five hundred feet of a public park;

(d)

Five hundred feet of a house of worship;

(e)

One thousand feet of a bar, tavern or facility that legally sells alcoholic beverages; or

(f)

One thousand feet of another adult-oriented business. The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.

(g)

Within that area of the City known as "Civic Center" and described as that area west of Interstate Highway 15 bounded on the north by Mojave Drive, on the west by Amargosa Road, and on the south by Palmdale Road including those parcels adjacent to the above defined area and fronting on Mojave Drive, Amargosa Road and Palmdale Road.

Notwithstanding the provisions of Article 5 of this Chapter any use of real property existing on the effective date of the ordinance codified in this Chapter, which does not conform to the provisions of Section 16-3.23.04, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for one year after the effective date of said ordinance. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Manager in accordance with the provisions of Section 16-3.23.060.

(a)

Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business for thirty days or more shall result in a loss of legal nonconforming status of such use.

(b)

Amortization—Annexed Property, Zone Change. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the City, but which does not conform to the provisions of Section 16-3.23.040 or which was a legal use at the time that it was established but which has become nonconforming because of change in zoning, shall be terminated within one year of the date of annexation unless an extension of time has been approved by the City Manager in accordance with the provisions of Section 16-3.23.060.

The owner or operator of a nonconforming use as described in Section 16-3.23.050 may apply under the provisions of this Section to the City Manager for an extension of time within which to terminate the nonconforming use.

(a)

Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 16-3.23.040 may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the City Clerk of the City at least ninety calendar days but no more than one hundred eighty calendar days prior to the time established in Section 16-3.23.050 for termination of such use.

(b)

Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be established by resolution from time to time by the City Council.

(c)

Hearing Procedure. The City Manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty-five calendar days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final, subject to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq. If the applicant fails to seek judicial review within the allotted time period, the decision of the hearing examiner shall have res judicata and/or collateral estoppel effect in any other proceeding involving the same applicant. See, e.g., United States v. Utah Constr. Co., 384 U.S. 394 (1966).

(d)

Approval of Extension—Findings. An extension under the provisions of this Section shall be for a reasonable period of time only if the hearing officer makes all of the following findings or such other findings as are required by law:

(1)

The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to a date thirty days prior to the date of introduction of the ordinance codified in this Chapter;

(2)

The applicant will be unable to recoup said investments as of the date established for termination of the use; and

(3)

The applicant has made good-faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 16-3.23.040.

(a)

No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the City as herein required (adult-oriented business regulatory permit).

(b)

No person may engage in or participate in any live performance involving specified sexual activities or depicting specified anatomical areas in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the City as herein required (adult-oriented business performer permit).

Every person who proposes to maintain, operate or conduct an adult-oriented business in the City shall file an application with the City Manager upon a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(a)

Adult-oriented business regulatory permits are nontransferable, except in accordance with Section 16-3.23.110. Therefore, all applications shall include the following information:

(1)

If the applicant is an individual, the individual shall state his or her legal name (including any aliases) and address, and submit satisfactory written proof that he or she is at least eighteen years of age.

(2)

If the applicant is a partnership, the partners shall state the partnership's complete name, address, and the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3)

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, any different name under which the corporation previously has done business, the date of any name change, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and Directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(b)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

(c)

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

(d)

The application shall also contain:

(1)

A description of the type of adult-oriented business as defined in Section 16-3.23.030 for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.

(2)

The address to which notice of action on the application is to be mailed.

(3)

The names of all employees, independent contractors, and other persons at the adult-oriented business and who are required by Section 16-3.23.120 to obtain an adult-oriented business performer permit.

(4)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(5)

A certificate and straight-line drawing prepared within thirty calendar days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and the property lines of any protected use in Section 16-3.23.040(c) and (d) within five hundred feet of the primary entrance of the adult-oriented business, and of any protected use in Section 16-3.23.040(a), (b), (c) and (d) within one thousand feet of said entrance.

(6)

A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 16-23.160.

(e)

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.

(a)

Upon receipt of a completed application and payment of the application and permit fees, the City Manager or his or her designee shall immediately stamp the application as received. If the City Manager determines that the applicant has completed the application improperly or the application is not complete, the City Manager shall, within three business days, cause the application and fees paid by the applicant to be returned to the applicant by first-class mail. The application may be resubmitted by the applicant along with payment of the application and permit fees.

(b)

The City Manager shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit, pursuant to subsection (c) of this Section, or be denied such a permit pursuant to Section 16-3.23.100.

(c)

Within ten calendar days of receipt of the completed application, the City Manager shall complete the investigation, grant or deny the application in accordance with the provisions of this Chapter, and so notify the applicant as follows:

(1)

The City Manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2)

If the application is denied, the City Manager shall attach to the application a statement of the reasons for denial.

(3)

If the application is granted, the City Manager shall attach to the application an adult-oriented business regulatory permit.

(4)

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the address stated in the application.

(d)

The City Manager shall grant the application and issue the adult-oriented business regulatory permit upon finding that the proposed business meets the locational criteria of Section 16-3.23.040, and that the applicant has met all of the development standards and requirements of Section 16-3.23.160, unless the application is denied for one or more of the reasons set forth in Section 16-3.23.100. The permittee shall post the permit conspicuously in the adult-oriented business premises.

(e)

If the City Manager grants the application or if the City Manager neither grants nor denies the application within ten calendar days after it is stamped as received (except as provided in subsection (a) of this Section), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 16-3.23.160.

The City Manager shall deny the application for any of the following reasons:

(a)

The building, structure, equipment, or location proposed to be used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire or safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

(b)

The applicant or his or her employee, agent, partner, Director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business regulatory permit.

(c)

An applicant is under eighteen years of age.

(d)

The required application fee has not been paid.

(e)

The adult-oriented business does not comply with the requirements contained in Section 16-3.23.040.

(f)

Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the City Manager a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least thirty calendar days but not more than sixty calendar days before the expiration date of the permit. When made less than thirty calendar days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

(a)

A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit, or under any name except that set forth in the application for the permit.

(b)

A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City Manager stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager in accordance with Sections 16-3.23.080(a) (b) and (c) and accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Manager determines in accordance with Section 16-3.23.090 that the transferee is entitled to the issuance of an original permit.

(c)

No permit may be transferred when the City Manager has notified the permittee that the permit has been or may be suspended or revoked.

(d)

Any attempt to transfer a permit either directly or indirectly in violation of this Section is hereby declared void, and the permit shall be deemed revoked.

(a)

No performer shall engage in any live performance involving specified sexual activities or depicting specified anatomical areas in an adult-oriented business without a valid adult-oriented business performer permit issued by the City. The applicant or the holder of the adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 16-3.23.080 with the names of all performers required to obtain an adult-oriented business performer permit within thirty calendar days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.

(b)

The City Manager shall grant, deny or renew adult-oriented business performer permits in accordance with the requirements of this Chapter.

(c)

The application for a permit shall be made on a form provided by the City Manager. An original and two copies of the completed permit application signed under penalty of perjury shall be filed with the City Manager.

(d)

The completed application shall contain the following information and be accompanied by the following documents:

(1)

The applicant's legal name and any other names (including "stage names" and aliases) ever used by the applicant;

(2)

Age, date and place of birth;

(3)

Present residence address and telephone number;

(4)

Place of employment or proposed place of employment;

(5)

Whether the applicant has ever been convicted of:

(i)

Any felony or any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those Sections now exist or may hereafter be amended or renumbered,

(ii)

The equivalent of the aforesaid offenses outside the State of California.

(6)

Whether the applicant has ever been convicted of any acts prohibited by state or City law;

(7)

A current state driver's license or identification number;

(8)

Satisfactory written proof that the applicant is at least eighteen years of age;

(9)

The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(10)

If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.

(e)

The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.

(f)

Upon receipt of an application and payment of the application fees, the City Manager shall immediately stamp the application as received and promptly investigate the application.

(g)

If the City Manager determines that the applicant has completed the application improperly or, the application is incomplete, the City Manager shall decline to accept the application or shall cause it, along with any application fee paid by the application, to be returned immediately, to the applicant by first class mail. The properly completed application may be resubmitted by the applicant along with the payment of the application fee.

(a)

Within two calendar days after receipt of the application for an adult-oriented business performer permit, the City Manager shall grant or deny the application and so notify the applicant as follows:

(1)

The City Manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2)

If the application is denied, the City Manager shall attach to the application a statement of the reasons for denial.

(3)

If the application is granted, the City Manager shall attach to the application an adult-oriented business performer permit.

(4)

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b)

The City Manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (d) of this Section.

(c)

If the City Manager grants the application or if the City Manager neither grants nor denies the application within two calendar days after it is stamped as received (except as provided in Section 16-3.23.120(g)), the applicant may begin performing in the capacity for which the permit was sought.

(d)

The City Manager shall deny the application for any of the following reasons:

(1)

The application for a permit is incomplete;

(2)

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

(3)

The applicant is under eighteen years of age;

(4)

The adult-oriented business performer permit is to be used for performing in a business prohibited by State or City law;

(5)

The applicant has been convicted of any of the offenses enumerated in Section 16-3.23.120(d)(5)(i) and (ii), Section 16-3.23.120(d)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses in Section 16-3.23.120(d)(5)(i) and (ii) or Section 16-3.23.120(d)(5) if committed within the State of California. A permit shall be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(e)

A permit, once issued, may be immediately revoked if it is determined that the false or misleading statements as to age or conviction of offenses enumerated in Section 16-3.23.130(d)(5).

(f)

Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the City Manager a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least thirty calendar days but not more than sixty days prior to the expiration date of the permit. When made less than thirty calendar days prior to the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted upon as provided herein for applications for permits.

An adult-oriented business regulatory permit or an adult-oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this Section.

(a)

On determining that grounds for permit revocation exist, the City Manager shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code Sections, and a brief statement of the factual matters in support thereof. The hearing will be scheduled within twenty calendar days or a longer time not to exceed ten additional days if requested by the permittee. The notice shall be mailed, postage prepaid, addressed to the permittee at the address provided in the most recent application, or shall be delivered to the permittee personally, at least ten calendar days prior to the hearing date. At such hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time not to exceed fourteen calendar days absent the written consent to a longer continuance by all parties. Any disciplinary action imposed under subsection (a) of this Section may be appealed in accordance with Section 16-3.23.150.

(b)

A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, Director, stockholder, or manager of an adult-oriented business:

(1)

The permittee 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 City.

(2)

The permittee, employee, agent, partner, Director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult-oriented business, or, in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:

(i)

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(ii)

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation have openly occurred.

(iii)

Any conduct constituting a criminal offense a conviction for which requires registration under Section 290 of the California Penal Code.

(iv)

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

(v)

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors pursuant to Sections 311 through 313.4.

(vi)

The Commission of a felony.

(vii)

Any conduct prohibited by this Chapter.

(3)

Failure to abide by a disciplinary action previously imposed by the City Manager pursuant to subsection (c) of this Section.

(c)

After holding the hearing in accordance with the provisions of this Section, if the City Manager finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Manager shall impose within seven calendar days one of the following:

(1)

A warning;

(2)

Suspension of the permit for a specified period not to exceed six months;

(3)

Revocation of the permit.

After denial of an application for an adult-oriented business regulatory permit or an adult-oriented business performer permit, or after denial of a renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action in accordance with the provisions of Section 5.04.320(c) of the Victorville Municipal Code. If the denial, suspension or revocation is affirmed by the City Council on review, the applicant permittee may seek prompt judicial review of such administrative action pursuant to Code of Civil Procedure Section 1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the permittee.

(a)

Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the fire department and building regulations and standards adopted by the City.

(b)

No adult-oriented business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

(c)

All off-street parking area and premise entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one footcandle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

(d)

The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

(e)

Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an adult-oriented business may not be open for business except between the hours of eleven a.m. and midnight on any particular day.

(f)

The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the City Manager or his/her designee. No person under the age of eighteen years shall be permitted within the premises at any time.

(g)

All indoor areas of the adult-oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

(h)

Any adult arcade shall comply with the following provisions:

(1)

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 may not contain video reproduction equipment. If the premises has two or more manager's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be a direct line of sight from the manager's station.

(2)

The view area specified in subsection (h)(1) shall remain unobstructed by any doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted, including dressing rooms or changing rooms.

(3)

No viewing booth may be occupied by more than one person at any one time.

(4)

The walls or partitions between viewing booths shall be maintained in good repair at all times, with no holes between any two such booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths.

(5)

The floors, seats, walls and other interior portions of all booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths shall be evidence of improper maintenance and inadequate sanitary controls; discovery of such conditions will justify suspension or revocation of the owner and operator's adult-oriented business regulatory permit.

(i)

All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

(j)

The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and employees, on the one hand, and female patrons and employees, on the other. Male patrons and employees shall be prohibited from entering the restroom(s) for females, and female patrons and employees shall be prohibited from entering the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any adult-oriented materials. Restrooms shall not contain television monitors or other motion picture or video projection, computers, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult-oriented business which deals exclusively with sale or rental of adult-oriented materials which are not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

(k)

The following additional requirements shall pertain to adult-oriented businesses providing live entertainment involving specified sexual activities or depicting specified anatomical areas, except for businesses regulated by the California Department of Alcoholic Beverage Control:

(1)

No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage which is at least eighteen inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult-oriented business performer.

(2)

The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performers' use. No public access will be permitted.

(3)

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

(4)

The adult-oriented business shall provide access for performers between the stage and the dressing rooms which is completely separate from the patrons. If such separate access is not physically feasible, the adult-oriented business shall provide a minimum three-foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers which prevents any physical contact between patrons and performers.

(5)

No performer, either before, during or after performances, shall have any physical contact with any patron, and no patron shall have physical contact with any performer either before, during or after performances by such performer. This subsection shall only apply to physical contact on the premises of the adult-oriented business.

(6)

No patron shall directly pay or give any gratuity to any performer and no performer shall solicit or accept any pay or gratuity directly from any patron.

(l)

Adult-oriented businesses shall employ security guards in order to maintain the public peace and safety to prevent any of the conduct listed in Section 16-3.23.140(2)(B) from occurring on the premises, based upon the following standards:

(1)

Adult-oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five persons, an additional security guard shall be on duty, both of which shall be on duty at all times.

(2)

Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Each security guard shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

The foregoing applicable requirements of this Section shall be deemed conditions of adult-oriented business regulatory permit approvals, and failure to comply with any of the foregoing requirements shall be grounds for revocation of the permit issued pursuant to these regulations.

(Ord. No. 2388, § 3, 3-19-19)

Every permittee of an adult-oriented business which provides live entertainment involving specified sexual activities or depicting specified anatomical areas must maintain a register of all performers on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by the City Manager or designee of the City.

(a)

Every adult-oriented business shall display at all times during business hours the adult-oriented business regulatory permit issued pursuant to the provisions of this Chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

(b)

The City Manager shall provide each adult-oriented business performer required to have a permit pursuant to this Chapter with an identification card containing the name, address, photograph and permit number of such performer.

(c)

Each adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business at which he or she performs.

No permittee, operator, or other person in charge of any adult-oriented business shall allow any person who is not at least eighteen years of age to enter or remain within the adult-oriented business. Any permittee, operator, or other person in charge of any adult-oriented business who allows any person who is not at least eighteen years of age to enter or remain within the adult-oriented business shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.

An operator, applicant or permittee shall permit the City Manager or designee to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or open for business. An operator, applicant or permittee of an adult-oriented business or his or her agent or employee who refuses to permit such lawful inspection of the premises at any time it is occupied or open for business shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.

The provisions of this Chapter regulating adult-oriented businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City.

Any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment involving specified sexual activities or depicting specified anatomical areas or who allows any person to perform such entertainment who is not in possession of a valid, unrevoked adult-oriented business performer permit shall be subject to a civil fine not to exceed ten thousand dollars per violation and/or suspension or revocation of the adult-oriented business regulatory permit.