Chapter 7.92 ADULT BUSINESSES

7.92.010 Purpose and application.

7.92.020 Definitions.

7.92.030 License prerequisite--Application process.

7.92.040 License approval--Standards.

7.92.050 License requirements--General.

7.92.060 License requirements--Adult motion picture arcades.

7.92.070 License requirements--Adult cabarets and adult theaters.

7.92.080 License requirements--Effect of noncompliance.

7.92.090 License duration.

7.92.100 License renewal.

7.92.110 License transferability.

7.92.120 License revocation.

7.92.130 License revocation procedure.

7.92.140 Existing adult businesses.

7.92.150 Violation--Penalty.

7.92.160 Conflicts.

7.92.010 Purpose and application.

In order to promote the health, safety, and general welfare of the residents of the county of Los Angeles, this chapter is intended to regulate adult businesses which, unless closely regulated, have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity, increases in litter, noise, and vandalism and the interference with enjoyment of residential property in the vicinity of such businesses.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to materials of a sexually explicit nature, or to deny access by the distributors or exhibitors of such materials to their intended market.
It is the intent of this chapter to afford new adult businesses a reasonable opportunity to locate in a relevant real estate market.
Nothing in this chapter is intended to authorize, legalize or license the establishment, operation or maintenance of any business, building or use which violates any county ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 2003-0067 § 29, 2003.)

7.92.020 Definitions.

For purposes of this chapter, the following words and terms shall have the following meanings:
A. “Adult bookstore” means any establishment, which as a substantial or significant course of conduct displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
B. “Adult business” includes the following:
1. Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature;
2. Any business which, as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature;
3. Any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities described herein.
4. Any business conducted for the entertainment of adults wherein an employee, patron, or any other person engages in or is shown the specified sexual activities described herein or exhibits or engages in partial or total nudity or otherwise exposes the specified anatomical areas described herein;
5. Any business which, as a substantial or significant portion of its business, provides live or filmed entertainment wherein the specified anatomical areas described herein are exposed.
C. “Adult cabaret” means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
D. “Adult hotel or motel” means a hotel or motel which:
1. As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or
2. Rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
E. “Adult material” means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
F. “Adult merchandise” means sex-oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
G. “Adult motion picture arcade” means any establishment containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
H. “Adult motion picture theater” means any business establishment which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
I. “Adult theater” means a theater, concert hall, dance hall, auditorium, or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
J. “Day” means business day, unless otherwise specified.
K. “Individual viewing area” means a viewing area designed for occupancy by one person.
L. “Owner” or “licensee” means:
1. The sole proprietor of an adult business; or
2. Any general partner of a partnership which owns or operates an adult business; or
3. The owner of a controlling interest in a corporation which owns or operates an adult business; or
4. The person designated in writing by the officers of a corporation to be the licensee for an adult business owned or operated by the corporation.
M. “Premises” means the building occupied by an adult business, or the space in a building occupied by an adult business if the business does not occupy the entire building.
N. “Specified anatomical areas” include any of the following, whether actual or simulated:
1. Less than completely and opaquely covered:
a. Human genitals or pubic region,
b. Buttocks,
c. Female breast below a point immediately below the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
O. “Specified sexual activities” include any of the following:
1. Actual or simulated: sexual intercourse, anal intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of sexual relationships; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or
5. Masochism; erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
7. Human excretion, urination, menstruation, vaginal or anal irrigation.
P. “Substantial or significant” means:
1. Devoting more than 25 percent of total display area to the display of adult material or adult merchandise; or
2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any four or more separate days within any period of 30 consecutive calendar days; or
3. Deriving at least 50 percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Ord. 2003-0067 § 31, 2003.)

7.92.030 License prerequisite--Application process.

A. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult business within the county of Los Angeles unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult business license.
A valid license other than the receipt described in Section 7.06.050 must be in the possession of the owner in advance of the operation of an adult business.
B. Only the owner of the proposed adult business shall be eligible to obtain an adult business license.
C. In addition to the information required by Chapter 7.06, the owner shall submit the following information and items to the tax collector at the time of applying for either a new adult business license or a renewal of an adult business license:
1. A completed adult business license application form signed by the owner of the proposed adult business, and either the record owner of the property, his or her agent or, if the business premises are subleased to the applicant business, the sublessor of the premises;
2. A site plan designating the building and/or unit proposed for the adult business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;
3. The information specified in Section 7.92.060 hereof if the adult business is an adult motion picture arcade;
4. The information specified in Section 7.92.070 hereof if the adult business is an adult cabaret or adult theater;
5. Documentation evidencing successful completion of the processes and receipt of the approvals required under Chapter 22.62 of this code. In cases where such documentation is unavailable at the time the application is filed with the tax collector, any action by the business license commission granting an adult business license shall be conditioned upon the applicant providing to the tax collector the documentation required by this subsection, and no adult business license shall be valid unless and until such documentation has been provided to the tax collector.
6. A statement signed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted therewith.
D. The tax collector shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application void. Within five days following the receipt of an amended application or supplemental information, the tax collector shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified in writing within five days of the date the application is found to be complete or is rendered void. All notices required by this section shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions.
E. Upon receipt of a complete application, including the payment of a license fee which may be established for an adult business pursuant to Section 7.14.010, the tax collector shall refer copies of the application to those officers and departments deemed appropriate by the tax collector. Every officer and department to which an application is referred shall advise the tax collector in writing of all material facts regarding the application, pursuant to Sections 7.06.120 and 7.06.130. At least five days before the public hearing required by section 7.92.040, the tax collector shall notify the applicant in writing if an officer in any department to which his application was referred recommends that the license be denied. Such written notice shall advise the applicant of the times and place where he may review all written materials related to any recommendation to deny the license. The written notice shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, and may be, but need not be, included with the notice of public hearing required by Section 7.92.040A.
F. Notwithstanding the above or any other provision of this chapter, no application for an adult business license shall be accepted or processed for any business that has had an adult business license revoked pursuant to Section 7.92.120 hereof within the preceding three-year period. (Ord. 2003-0067 § 32, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.040 License approval--Standards.

A. The business license commission shall hold a public hearing on every application for an adult business license required by this chapter, whether it is a new license or a renewal of an existing license, and shall give notice of such hearing as required by Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130. All hearings shall be held in accordance with the provisions of this title.
B. The business license commission shall, within 90 days of the filing of a complete license application, approve the adult business license if the standards and requirements of this chapter have been met; otherwise, the license shall be denied. Written notice of the approval or denial of the license shall be given to the owner by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, within three days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the owner.
C. Notwithstanding Section 7.92.030A, if the business license commission has not acted to approve or deny the adult business license within 90 days of the filing of a complete application, the applicant shall be permitted to begin operating the adult business for which the license is sought. The applicant shall be permitted to continue to operate that adult business unless and until the business license commission acts to deny the adult business license and written notification of that action, including the reasons therefor, is provided to the applicant, by registered or certified mail, postage prepaid, or in the manner required for service of summons in civil actions.
D. The business license commission shall approve and issue an adult business license if the application and evidence submitted show that:
1. The adult business complies with all applicable requirements of Chapter 22.62; and
2. The adult business will meet all applicable building, fire, electrical, health and plumbing regulations; and
3. The adult business will not be located, in whole or in part, within any portable structure; and
4. The adult business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business; and
5. The adult business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises; and
6. The applicant, or the applicant’s representatives, have not knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the tax collector or commission.
E. Notwithstanding any other provision of this title, no adult business license shall be issued which imposes any conditions in an attempt to eliminate any ground for denial.
F. If the decision of the business license commission is appealed to the license appeals board, upon the complete filing of a notice of appeal pursuant to and in accordance with Chapter 7.12, the license appeals board shall render its decision on the appeal, in accordance with the standards prescribed in this chapter, not later than 60 days after the filing of the notice of appeal. (Ord. 2003-0067 § 33, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.050 License requirements--General.

Any adult business shall conform to the following requirements:
A. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter and with notifying the sheriff of any violations of law observed. Security guard(s) required by this subsection 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 or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.
B. Landscaping shall conform to the standards established for the zone, except that, if the business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
C. The entire exterior grounds, including the parking lot, shall be lighted in such a manner that all areas are clearly visible at all times.
D. The premises within which the business is located shall provide sufficient sound-absorbing insulation so that sound 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 space within the same building.
E. 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.
F. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.
G. Signage shall conform to the standards established for the zone except that such signage shall be limited to the business name, the street address and the notice required by subsection K of this section.
H. All indoor areas of the business within which patrons are permitted, except rest rooms, shall be open to view at all times, which view shall not be obstructed by any door, wall, curtain, two-way mirror, person, merchandise, display rack, or other material.
I. Except as specifically provided in this chapter and in Title 22, the business shall comply with the parking, development and design standards established for the zone in which the business is located.
J. No adult material or adult merchandise shall be displayed in such a manner as to be visible from any location other than within the premises occupied by the business.
K. No person under the age of 18 years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the business.
L. The business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.
M. The business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from all adult materials and adult merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public.
N. Except as otherwise required by law or provided herein, all areas of the business accessible to patrons shall be illuminated at least to the extent of 20 footcandle, minimally maintained and evenly distributed at ground level.
O. Individual viewing areas of the business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas and shall not be occupied by more than one person at any one time.
P. The business shall have at least one responsible person on the premises to act as manager at all times during which the business is open. Such manager, if not the owner or licensee, shall first procure a license as such manager and pay an annual license fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.
A person other than the owner or licensee shall not be employed as or act in the capacity of manager until such person has the license required by this section. (Ord. 2003-0067 § 34, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.060 License requirements--Adult motion picture arcades.

An adult motion picture arcade which provides more than one viewing area shall conform to all of the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. The application for an adult business license shall be accompanied by a diagram of the interior of the premises showing a plan thereof specifying the location of one or more manager’s stations, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the adult business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The tax collector shall waive the foregoing diagram for renewal applications if the owner adopts the diagram that was previously submitted and certifies that the configuration of the premises has not been altered since that diagram was prepared.
No alteration in the configuration of the premises from the diagram submitted with the application for an adult business license may be made without the prior approval of the tax collector, who shall insure that the configuration requirements of this section continue to be met.
B. 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, including the interior of individual viewing areas, but excluding rest rooms. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
C. It is the duty of the owner(s) to insure that at least one manager is on duty and situated at each manager’s station at all times that any patron is present inside the premises, and such manager shall be licensed as required by Section 7.92.050P of this chapter and be familiar with the requirements of this chapter and shall enforce all rules and regulations in order to ensure that the business complies with this chapter.
D. It is the duty of the owner(s) and it is also the duty of all employees present on the premises to insure that the view specified in subsection B of this section remains unobstructed by any door, wall, curtain, two-way mirror, person, merchandise, display rack or other material at all times and to insure that 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 in the diagram filed pursuant to subsection A of this section. (Ord. 2003-0067 § 35, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.070 License requirements--Adult cabarets and adult theaters.

An adult cabaret or an adult theater shall conform to all of the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. The application for an adult business license shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of and dimensions of the stage upon which live entertainment will be performed, the location of the entertainers’ dressing room or rooms, and the location of the entrances to and exits from the premises which are to be used exclusively by the entertainers and those which are to be used by the patrons, all of which demonstrates compliance with the requirements of this section. The tax collector shall waive the foregoing diagram for renewal applications if the owner adopts the diagram that was previously submitted and certifies that the configuration of the premises has not been altered since that diagram was prepared. No alteration in the configuration of the premises from the diagram submitted with the application for an adult business license may be made without the prior approval of the tax collector, who shall insure that the configuration requirements of this section continue to be met.
B. No person shall perform live entertainment for patrons except upon a stage at least 18 inches above the level of the floor, which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.
C. The business shall provide separated dressing rooms for entertainers which are exclusively dedicated to the entertainers’ use.
D. The business shall provide an entrance to and exit from the premises for entertainers which is separate from the entrance and exit used by patrons.
E. The business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing rooms and the stage, with a railing, fence or other barrier separating the patrons and the entertainers, which is capable of, and which actually results in, preventing any physical contact between patrons and entertainers.
F. No entertainer shall have physical contact with any patron, and no patron shall have physical contact with any entertainer while on the premises.
G. Fixed rails at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons. (Ord. 2003-0067 § 36, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.080 License requirements--Effect of noncompliance.

The requirements contained in Sections 7.92.040, 7.92.050, 7.92.060, and 7.92.070 of this chapter shall be deemed conditions of license approval, and failure to comply with any such requirement shall be grounds for revocation of any adult business license issued pursuant to this chapter, or denial of any application to renew any adult business license issued pursuant to this chapter. (Ord. 2003-0067 § 37, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.090 License duration.

An adult business license shall be valid for a period of one year from the date of license approval. (Ord. 2003-0067 § 38, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.100 License renewal.

An adult business license shall be renewed on a year-to-year basis, provided that the licensee continues to meet all applicable requirements. A request for license renewal must be accompanied by an adult business license renewal application, completed in full detail with current information. The complete application and appropriate fee must be received by the tax collector at least 90 days prior to the expiration of the existing license. A request for license renewal shall be processed in the same manner as the original application. (Ord. 2003-0067 § 39, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.110 License transferability.

No adult business license, including but not limited to an adult business license held by an individual in a corporation or partnership shall be sold, transferred, or assigned by any licensee, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall thereafter be null and void. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the license null and void. An adult business license shall be valid only for the exact location and adult business use as specified in the license. (Ord. 2003-0067 § 40, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.120 License revocation.

A. The licensee shall allow any appropriate officer of the county to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with the law at any time the business is open for business or is occupied.
B. The business license commission shall revoke an adult business license when:
1. Any of the applicable requirements set forth herein ceases to be satisfied; or
2. The application is discovered to contain incorrect, false or misleading information; or
3. The licensee is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the business is located, which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 234.3, 261, 261.35, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or
4. Within any 12-month period, there are two or more convictions for any of the offenses listed in subsection (B)(3) of this section, if the convictions are for the actions of any employee, agent or contractor of the licensee which occurred on or relate to the premises or lot upon which the business is located; or
5. The licensee or its employee, agent or contractor has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
6. The business has been operated in violation of any of the requirements of this chapter and;
a. If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is given to the owner, by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, or
b. If the violation is of a noncontinuous nature, two or more additional violations of the same provision, or four or more violations of any provision, of this chapter occur, regardless of whether notice of each individual violation is given to the owner, within any 12-month period. (Ord. 2003-0067 § 41, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.130 License revocation procedure.

A. A license for an adult business shall be revoked or suspended as provided in Chapter 7.08.
B. A hearing shall be conducted by the business license commission pursuant to and in accordance with Chapter 7.10.
C. If the decision of the business license commission is appealed to the license appeals board, upon the complete filing of a notice of appeal pursuant to and in accordance with Chapter 7.12, the license appeals board shall render its decision on the appeal, in accordance with the standards prescribed in this chapter, no later than 60 days after the filing of the notice of appeal. (Ord. 2003-0067 § 42, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.140 Existing adult businesses.

A. Any adult business that was lawfully operating on the effective date of this chapter in violation hereof shall be deemed a nonconforming use.
Any adult business that was lawfully operating on the effective date of this chapter which became a nonconforming use by reason of the adoption of this chapter or by the amendment to Section 7.92.050, 7.92.060 or 7.92.070 shall cease operation, or otherwise be brought into full compliance with the provisions of this chapter, not later than April 1, 2004, unless sooner terminated for any reason or voluntarily discontinued for a period of 60 consecutive calendar days or more.
A nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use.
B. Any adult business that is defined by subsection A of this section as a nonconforming use shall be notified in writing of its nonconforming status by the tax collector. Such notice shall be given within 30 calendar days following the effective date of this section or, upon any later discovery by the county of the existence of a nonconforming adult business, within 30 calendar days thereafter. Such notice shall be given to the property owner of record upon which such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice shall also advise those parties of the expiration on April 1, 2004, of the amortization period established in subsection A of this section. Such notice shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions.
C. No adult business which was rendered nonconforming by the adoption of this chapter or by the amendment to Section 7.92.050, 7.92.060 or 7.92.070 shall continue to be operated without complying with all of the provisions of this chapter otherwise applicable to such adult business following expiration of the amortization period set forth in subsection A of this section.
D. Notwithstanding Section 7.92.090, an adult business license granted prior to April 1, 2004, to an adult business which is defined by subsection A of this section as a nonconforming use shall be valid until March 31, 2004, and shall not be valid thereafter. (Ord. 2003-0067 § 44, 2003.)

7.92.150 Violation--Penalty.

In addition to any other penalties and remedies provided by law, including the provisions of this title, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation. (Ord. 2003-0067 § 45, 2003: Ord. 94-0081 § 2 (part), 1994.)

7.92.160 Conflicts.

If the provisions of this chapter conflict or contravene the provisions of another chapter of this title, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. (Ord. 2003-0067 § 46, 2003: Ord. 94-0081 § 2 (part), 1994.)