Sec. 4-90. - Purpose.

The board of supervisors finds that "picture arcades," as hereinafter defined, have the potential, if not regulated, to attract those who are predisposed to conduct which is dangerous to the health and safety of others and even unlawful. It is the intent of the board of supervisors in enacting this article to provide for the orderly regulation of the business of picture arcades by establishing certain minimum requirements for the issuance of a permit to operate such businesses and certain minimum standards for the conduct of this type of commercial operation in order to deter and detect the use of such businesses for such dangerous or unlawful activity. (Added during 4-96 supplement.)

Sec. 4-91. - Definitions.

For the purpose of this article, "picture arcade" means:

Any place to which the public is admitted or any public place, wherein one or more still or motion picture machines or projectors or image-producing devices are operated or maintained to show still or motion pictures to five (5) or fewer persons in stalls or booths. (Added during 4-96 supplement.)

Sec. 4-92. - Permit required.

It is unlawful for any person, association, partnership or corporation to engage in, conduct, carry on or permit to be engaged in, conducted or carded on, in any premises within the unincorporated area of the county of Sonoma, the operation of a picture arcade without a valid permit issued pursuant to the provisions of this article. (Added during 4-96 supplement.)

Sec. 4-93. - Permit application.

(a)

Any person, association, partnership, corporation or other entity desiring to obtain a permit to operate a picture arcade shall file an application with the sheriff, accompanied by a nonrefundable fee, containing the following information:

(1)

The full, true name and all other names ever used by the applicant(s);

(2)

The present business address and telephone number of the applicant(s);

(3)

The proposed name and address of the picture arcade;

(4)

Written proof or affidavit that applicant(s) is/are eighteen (18) years of age or older;

(5)

Two full color photographs of individual applicant(s) or if the applicant is a corporation or partnership, of the responsible person acting as manager required by Section 4-94(h), at least two (2) inches by two (2) inches in size, taken within six (6) months immediately preceding the date of the application. One photograph will be retained by the sheriff and one photograph will be affixed to the permit;

(6)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and names and addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partnership, the application itself shall set forth the names and addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.

(b)

The sheriff shall investigate and verify the information contained in the application and report the results of his investigation to the picture arcade commission.

(c)

Notice of hearing for permits required by this article shall be sent by the picture arcade commission to the applicant within thirty (30) days of the filing of a complete application. Hearings shall be held within forty-five (45) days of the filing of a complete application unless the matter is continued at the request of the applicant.

(d)

Applications for permits shall be accompanied by a nonrefundable fee set by the board of supervisors. (Added during 4-96 supplement.)

Sec. 4-94. - Operating requirements.

(a)

A permit issued under this article to any applicant to operate a picture arcade shall be displayed in an open and conspicuous public place on the premises.

(b)

No picture arcade shall be maintained or operated unless the walls of all booths where images are viewed are without perforations which open to adjoining booths.

(c)

If booths have doors, the doors must meet the following minimum requirements to allow viewing of the interior: Doors to booths must end at least eighteen inches (18") above the floor and have an opening at least four inches (4") square near the center of the door at eye level.

(d)

The lighting level in all parts of the premises open to the public during hours of operation shall be no less than ten (10) foot candles. The lighting level of not less than ten (10) foot candles will not be required in viewing booths, but there shall be sufficient illumination in all such booths at all times to allow for adequate inspection of their interiors. "Adequate inspection" means the ability to see walls, floor and persons inside, including their activities, when such is viewed through the four inch (4") square as specified in Section 4-94(c) above.

(e)

Picture arcade permits shall be issued by the sheriff and shall be for a one-year term.

(f)

Each application shall contain the consent of the applicant to the examination and inspection by the sheriff of the picture arcade premises for which a permit is sought or issued and all equipment used in the arcade operations at any time during business hours throughout the period between the date of application and the expiration of the permit.

(g)

Each application shall contain a verification under penalty of perjury of all information in the application executed by each person having any financial interest in the business sought to be licensed.

(h)

A responsible person shall be on the premises to act as manager at all times during which the picture arcade is open.

(i)

The building, structure, equipment and location of the picture arcade shall comply with the requirements and meet the standards of the health, zoning, fire and safety laws of the state of California, and ordinances of the county of Sonoma. (Added during 4-96 supplement.)

Sec. 4-95. - Sale or transfer of business.

No permit issued pursuant to this article may be assigned or transferred. Upon sale or transfer of a business which has been issued a permit hereunder, the new owner(s) shall apply for a new permit pursuant to Section 4-93 within thirty (30) days. (Added during 4-96 supplement.)

Sec. 4-96. - Approval, revocation and denial of permits.

(a)

Action on Applications—Supervision of Existing Permits—Denial or Revocation of Permit. The picture arcade commission shall grant a permit to any applicant therefor unless it makes, after hearing, one or both of the written findings set forth below in which case the permit may be denied or an outstanding permit revoked:

(1)

That the permittee or applicant for a permit made one or more false, misleading, or fraudulent statements in the permit application;

(2)

That the business establishment for which a permit is sought or is held fails to meet the operating requirements set forth in Section 4-94

(3)

With respect to the revocation of a permit only, that permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation, to be committed in the picture arcade, or has knowingly permitted or allowed the picture arcade to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur.

(b)

Notice and Hearing. Prior to taking action under Section 4-96(a), the picture arcade commission shall provide the permit applicant or permittee with notice of hearing as required by Section 4-93(c).

(c)

Hearing.

(1)

Following notice as provided in Section 4-96(b), the picture arcade commission or a person designated by the picture arcade commission as a hearing officer shall convene a hearing.

(2)

At the hearing, the sheriff shall present his report and the applicant or permittee and interested parties shall be heard. In addition, the picture arcade commission or the hearing officer may receive and consider any other evidence relevant to the issue; provided, that the applicant or permittee shall be given a reasonable opportunity to respond to all such evidence prior to the close of the hearing.

(d)

Notice of Decision.

(1)

Within thirty (30) days after the conclusion of the hearing, the picture arcade commission shall decide the matter and the sheriff shall mail a notice of decision to the applicant or permittee. The notice shall be in writing and shall state the decision as well as findings of fact which support the decision. Any decision to deny or revoke a permit must be based upon one or more of the causes specified in Section 4-96

(2)

The determination contained in the notice of decision shall be final. (Added during 4-96 supplement.)

Sec. 4-97. - Nonconforming establishments.

Any person who is engaging in, conducting or carrying on a lawful business as an owner or operator of a picture arcade, in compliance with all applicable laws, as of the effective date of this article, shall have ninety (90) days within which to comply with the provisions of this article. (Added during 4-96 supplement.)

Sec. 4-98. - Penalties.

Any person, including any firm or corporation, violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for every day or any portion thereof during which any violation of any provisions of this article is committed, continued or permitted by such person, firm or corporation. (Added during 4-96 supplement.)