Title 7 BUSINESS LICENSES
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.)
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