It is the purpose of this chapter to regulate sexually 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 sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
(Ord. 253 § 7, 2000)
The following words and phrases as used in this chapter are in addition to the words and phrases defined in HMC Title 16 (Land Use and Development) and shall have the meaning and significance attached to them in this chapter, unless otherwise clearly apparent from the context:
"Applicant"
means a person who is required to file an application for a license under this chapter, including an individual owner, manager, employee, or agent of a sexually oriented business or an entertainer of a sexually oriented business.
"City manager"
means the city manager of the city or the city manager's authorized representative.
"Independent contractor"
means any person or individual who works, dances, entertains and/or provides any services in association with the activity of or for a sexually oriented business establishment permitted in the city that is not an employee of such an establishment.
"Licensee"
means the person to whom a sexually oriented business license or sexually oriented business entertainer's license is issued.
"Notice address"
means the address designated by the licensee for the mailing of all notices, legal mail, and other written communications from the city to the licensee.
"Person"
means any individual, firm, association, partnership, corporation, joint venture, trust or combination of individuals or persons.
"Police chief"
means the police chief of the city or the authorized representatives thereof.
"Sexually oriented business operator" or "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 a sexually oriented business or the conduct or activities occurring on the premises thereof.
(Ord. 253 § 7, 2000)
This chapter shall not apply to:
A. 
Any treatment administered in good faith in the course of the practice of any healing art or profession by any person holding a valid license or certificate issued by the state of California to practice any such art or profession under the provisions of the Business and Professions Code of California or of any other law of this state.
(Ord. 253 § 7, 2000; Ord. 427 § 3, 2018)
In addition to the requirements of this chapter, all sexually oriented businesses subject to this chapter shall comply with the requirements set forth in Chapter 16.72 HMC (Sexually Oriented Business Regulations).
(Ord. 253 § 7, 2000)
A. 
It shall be unlawful for any person to engage in, conduct or carry on, or to permit any person to engage in, conduct or carry on, in or upon any premises within the city, the activities of a regulated sexually oriented business without a valid license issued for the specific activity pursuant to the provisions of this chapter for each and every such regulated sexually oriented business.
B. 
It shall be unlawful for any person to engage in or participate in any live performance depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities in a sexually oriented business unless the person first obtains and continues in force and effect a sexually oriented business entertainer license from the city as herein required.
(Ord. 253 § 7, 2000)
A separate sexually oriented business license is required for each location within the boundaries of the city at which a regulated sexually oriented business is to be established. The requirements of this chapter for a sexually oriented business license are separate and in addition to a business license required under Chapter 5.04 HMC. Every regulated sexually oriented business shall display its sexually oriented business license prominently in an area open to the public at each such location at all times when the location is open for business. Every regulated sexually oriented business and every person subject to the licensing requirements of this chapter shall make available upon request by the city the sexually oriented business entertainer license required by HMC § 5.18.130 for each regulated employee of the sexually oriented business.
(Ord. 253 § 7, 2000)
Upon the transfer of ownership or control of a sexually oriented business, the sexually oriented business license shall immediately be null and void. In order for the sexually oriented business to continue operating, a new application and license is required.
(Ord. 253 § 7, 2000)
A. 
Upon the change of location of the premises where a sexually oriented business is conducted, the sexually oriented business license shall immediately be null and void. In order for the sexually oriented business to continue operating, a new application and license is required.
B. 
No licensee shall operate a regulated sexually oriented business under any name or designation not specified in the license. Upon a change of name of the sexually oriented business, the sexually oriented business license shall immediately be null and void. In order for the sexually oriented business to continue operating, a new application and license is required.
(Ord. 253 § 7, 2000)
An approved sexually oriented business license shall be valid for one year, and shall be renewed on an annual basis on the anniversary date of the original application. Application for renewal of an unrevoked sexually oriented business license shall be made pursuant to HMC § 5.18.110 at least 30 days prior to the expiration date of the current, valid license.
(Ord. 253 § 7, 2000)
A. 
An applicant requesting issuance or renewal of a sexually oriented business license shall file a written, signed and verified application or renewal application in a form provided by the city manager. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Such fee shall not exceed the reasonable cost of investigation, inspection and processing of such application. License fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter or title of the city's municipal code.
B. 
An application for a sexually oriented business license shall contain the following information:
1. 
If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
2. 
If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, dates of birth, and all aliases used by all of the 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 corporate name, the date and state of its incorporation, evidence that the corporation is in good standing under the laws of California, the legal names, dates of birth, all aliases used, and the capacity of all officers and directors and principal stockholders (i.e., all stockholders with 10 percent or more of all outstanding shares of stock), and the name of the registered corporate agent and the address of the registered office for service of process.
C. 
The application must list whether, preceding the date of application, the applicant or any of the individuals listed pursuant to subsection B of this section has:
1. 
Had a previous permit under this chapter revoked, as well as the date of such revocation;
2. 
Whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this chapter has been revoked, as well as the date of the revocation;
3. 
Whether the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, have been found guilty or pleaded nolo contendere within the past four years of a misdemeanor or a felony classified by the state as a sex or sex-related offense, and if so the date and place of the conviction;
4. 
Whether the applicant has had a license pursuant to this chapter or other similar regulations of another city or county denied, suspended, or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended, or revoked as well as the date of the denial, suspension, revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this section whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of the denial, suspension or revocation;
5. 
Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance in another city or county and if so, the names and location of such other permitted and/or licensed business(es) and the permitting jurisdiction;
6. 
A recent photograph of the applicant, and the applicant's driver's license number, social security number, and/or his/her/its state or federally issued tax identification number.
D. 
The application shall include the applicant's mailing address, name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes, and the notice address to which notice of action on the application is to be mailed (if different).
E. 
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 10 percent or greater interest in the business entity shall sign the application. If the application is signed by the property owner's agent, proof of status is required.
F. 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually oriented business and show proof of registration of the fictitious name.
G. 
A detailed description of the type of sexually oriented business and proposed use for which the license is requested, including reference to definitions in this chapter and HMC Title 16, and the proposed address and assessor's parcel number of the site where the sexually oriented business will operate, plus the names and addresses of the owners and lessors of the sexually oriented business site.
H. 
The names of all employees, independent contractors, and other persons who will perform at the sexually oriented business, who are required by HMC § 5.18.130 to obtain a sexually oriented business entertainer license.
I. 
Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the city manager, shall be grounds for suspension of a license.
J. 
A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually 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.
K. 
A current certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and: (1) the property line of any other sexually oriented business within 200 feet of the primary entrance of the sexually oriented business for which a license is requested; and (2) the property lines of any religious institution, school, public park, residential zone or sensitive use within 750 feet of the primary entrance of the sexually oriented business.
L. 
A blueline print showing all four elevations of any proposed structures and signage and listing proposed exterior building materials. Elevation prints shall be colored or a materials board shall be submitted. In the case of existing buildings where a change of use is proposed, and no structural changes or exterior modifications are proposed, photographs may be accepted in lieu of elevation drawings if they show a front and rear elevation of the structure.
M. 
A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required by HMC § 5.18.170.
N. 
The city manager or his/her designee shall be responsible for the granting, denying, revoking, renewing, suspending, and canceling sexually oriented business licenses for proposed or existing sexually oriented businesses. The city manager, or his/her designee, shall also be responsible for ascertaining whether a proposed sexually oriented business for which a license is being considered complies with all applicable zoning laws and/or regulations. In connection with this review and determination, if the city manager determines that the applicant has completed the application improperly, the city manager shall, within 10 business days of the filing of the application, notify the applicant of such fact, and, on request of the applicant, grant the applicant an extension of time of 10 business days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 business days, of the time for the city manager to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.
O. 
In the event that the city manager or his/her designee determines or learns, prior to issuing the permit or while the application for a permit is pending, that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant 10 business days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
P. 
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 a sexually oriented business license as set forth herein.
Q. 
The applicant for the license must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes, regulations and laws.
R. 
Prior to obtaining a permit and license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city manager a certificate that the proposed location of such business complies with the location requirements of Chapter 16.72 HMC.
S. 
By applying for a license under this section, the applicant shall be deemed to have consented to the provisions of this chapter, and to the exercise of their authority by the city manager, or his/her designee, the police chief and all other city employees and agencies charged with enforcing the laws, ordinances, and codes applicable in the city of their respective responsibilities.
(Ord. 253 § 7, 2000)
A. 
Upon receipt of an application properly filed and upon payment of the nonrefundable application fee, the city manager shall immediately stamp the application received and shall immediately thereafter send photocopies of the application to the police chief and any other city departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproved, state the reasons therefor.
B. 
A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city manager.
C. 
Within 20 business 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 section, 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 a sexually oriented business license.
4. 
The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the notice address stated in the application.
D. 
The city manager shall grant the application and issue the sexually oriented business license upon findings that the proposed business meets the locational criteria of HMC § 16.72.030, and that the applicant has met all of the development and performance standards and requirements of this chapter, unless the application is denied for one or more of the reasons set forth in HMC § 5.18.120 herein.
E. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall also indicate that the sexually oriented business is subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater, Inc. (1991) 501 U.S. 560 and any applicable local, state or federal law. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business establishment so that it can be easily read at any time.
F. 
If the city manager neither grants nor denies the application within 20 business days after it is stamped as received (except as provided in HMC § 5.18.100(O)), the application shall be forwarded to the city council at its next regularly scheduled meeting for consideration in strict conformance with the provisions of subsection D of this section.
G. 
If the city manager denies renewal of the license, the applicant shall not be issued a license pursuant to this chapter for one year from the date of denial. If, subsequent to denial, the city manager finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date the denial became final.
H. 
After any final denial of a license authorized by this chapter, the applicant or licensee may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Sections 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.
(Ord. 253 § 7, 2000)
The city manager shall deny the application for any of the following reasons:
A. 
That the building, structure, equipment and/or location used by the business for which a license is required herein does not comply with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city.
B. 
An applicant or the applicant's sexually oriented business is in violation of, or is not in compliance with, any of the provisions of the Highland Municipal Code related to the establishment or maintenance of a sexually oriented business.
C. 
That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the city in connection with the application.
D. 
That the applicant has had any type of sexually oriented business license suspended or revoked by any public entity within two years of the date of the application.
E. 
Within five years immediately preceding the date of the filing of the application for a license under this chapter, the applicant has been convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any law requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 316, or 647. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.
F. 
That on the date that business, for which a license is required, herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open.
G. 
That an applicant is under 18 years of age.
H. 
That an applicant, manager or any agent or employee of the applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a sexually oriented business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.
I. 
The required application or license fees have not been paid.
J. 
The granting of the license would violate a statute, ordinance, or court order.
(Ord. 253 § 7, 2000)
A. 
No person shall engage in or participate in any live performance involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities in a sexually oriented business, without a valid sexually oriented business entertainer license issued by the city. All persons who have been issued a sexually oriented business license shall promptly supplement the information provided as part of the application for the license required by HMC § 5.18.100, with the names of all entertainers required to obtain a sexually oriented business entertainer license, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually oriented business license.
B. 
The police chief shall grant, deny and renew sexually oriented business entertainer licenses.
C. 
The application for a license shall be made on a form provided by the police chief. An original and two copies of the completed and sworn license application shall be filed with the police chief.
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) used by the applicant;
2. 
Age, date and place of birth;
3. 
Height, weight, hair and eye color, tattoo descriptions and locations;
4. 
Present residence address and telephone number;
5. 
Whether the applicant has ever been convicted of:
a. 
Any of the offenses set forth in Section 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered;
b. 
The equivalent of the aforesaid offenses outside the state of California;
6. 
Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;
7. 
State driver's license, social security number or identification number;
8. 
Satisfactory written proof that the applicant is at least 18 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, taken within the last six months of the date of the permit application. Any fees for the photographs and fingerprints shall be paid by the applicant; and
10. 
If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
E. 
The completed application shall be accompanied by a nonrefundable application fee. The amount of the application fee shall be set by resolution of the city council.
F. 
Upon receipt of an application and payment of the application fees, the police chief shall immediately stamp the application as received and promptly investigate the application.
G. 
If the police chief determines that the applicant has completed the application improperly, or that the application is otherwise invalid, the police chief shall, within 10 business days of the filing of the application, notify the applicant of such fact and grant the applicant an extension of time of not more than 10 business days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 business days, of the time for the police chief to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.
(Ord. 253 § 7, 2000)
A. 
Within five business days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows:
1. 
The police chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
2. 
If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.
3. 
If the application is granted, the police chief shall attach to the application a sexually oriented business entertainer license.
4. 
The application as granted or denied and the license, 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 police chief shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in subsection D of this section.
C. 
If the police chief neither grants nor denies the application within five business days after it is stamped as received (except as provided in HMC § 5.18.130(G)), the application shall be forwarded to the city council at its next regularly scheduled meeting for consideration in strict conformance with the provisions of this chapter.
D. 
The police chief, or in the case of the police chief not acting within the time period under this section, the city council shall deny the application for any of the following reasons:
1. 
The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license or in any report or document required to be filed with the application;
2. 
The applicant is under 18 years of age;
3. 
The sexually oriented business entertainer license is to be used for performing in a business prohibited by state or city law;
4. 
The applicant has been registered in any state as a prostitute;
5. 
The applicant has been convicted of any of the offenses enumerated in HMC § 5.18.130(D)(5) or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state of California. A license may 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. 
Each sexually oriented business entertainer license shall expire one year from the date of issuance and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed. Applications for renewal shall be acted on as provided herein for applications for licenses.
F. 
The city deems confidential license applications required pursuant to this section and all information contained therein. Absent an order from a court of competent jurisdiction, the city shall not disclose for public review the applications or the information contained therein.
(Ord. 253 § 7, 2000)
A sexually oriented business license or sexually oriented business entertainer license may be suspended or revoked in accordance with the procedures and standards of this section.
A. 
On determining that grounds for license revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the licensee. 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 notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least 10 business days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:
1. 
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 police chief's decision may be appealed to the city council in accordance with HMC § 15.18.160.
B. 
A licensee may be subject to suspension or revocation of his/her/its license, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder or manager of a sexually oriented business:
1. 
The licensee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the city.
2. 
The licensee, employee, agent, partner, director, stockholder or manager of a sexually oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the sexually oriented business, or in the case of a sexually oriented business entertainer, the licensee has engaged in one of the activities described below while on the premises of a sexually oriented business:
a. 
Giving false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a sexually oriented business license or sexually oriented business entertainer license.
b. 
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
c. 
Use of the establishment as a place where unlawful solicitation for sexual intercourse, sodomy, oral copulation or masturbation openly occur.
d. 
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
e. 
The occurrence of acts of lewdness, assignation or prostitution, including any conduct constituting violations of Sections 315, 316, 318 or subdivision (b) of Section 547 of the California Penal Code.
f. 
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.
g. 
Refused to allow an inspection of sexually oriented business premises as authorized by this chapter.
h. 
An employee or permittee who allowed or knew or should have known of gambling by any person on the sexually oriented business premises.
i. 
An employee or permittee who allowed or knew or should have known of such activity, has allowed possession, use or sale of controlled substances on the premises.
j. 
Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute violation, the police chief shall promptly notify the permittee of the violation and shall allow a seven-consecutive-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-consecutive-day period, the police chief shall forthwith suspend the permit and shall notify the permittee of the suspension.
k. 
Operated the sexually oriented business in violation of the hours of operation as set forth in HMC § 5.18.170(K).
l. 
Been convicted of an act for which initial denial of a license would have been required pursuant to this chapter.
m. 
Any conduct prohibited by this chapter.
3. 
Failure to abide by any disciplinary action previously imposed by an appropriate city official.
C. 
After holding the hearing in accordance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action based upon the severity of the violation, the police chief shall impose one of the following:
1. 
A warning;
2. 
Suspension of the license for a specified period not to exceed six months; or
3. 
Revocation of the license.
D. 
When the city revokes a sexually oriented business license, the revocation shall continue for one year from the date of revocation and the permittee shall not be issued a sexually oriented business license for one year from the date the revocation became effective.
E. 
If the sexually oriented business license was revoked under this section for reasons that the establishment is in noncompliance with the requirements of Chapter 16.72 HMC (Sexually Oriented Business Regulations), and if the police chief finds that the basis for revocation under this section has been corrected, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective.
F. 
If the sexually oriented business entertainer license issued to an individual and/or employee was revoked under this section, an applicant may not be granted another license until the number of years required under this section have elapsed.
(Ord. 253 § 7, 2000)
A. 
Appeal of Denial of Initial License.
1. 
Any decision of the police chief to issue or deny a license may be appealed to the city council. Any appeal shall be filed in writing within 10 business days following notice of issuance or denial and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within 15 business days of the filing of the appeal with the city clerk. At the hearing, all parties shall have the right to offer testimonial, documentary and other tangible evidence on the issues; may be represented by legal counsel; and shall have the right to examine and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted.
2. 
All decisions made by the city council regarding the issuance or denial of a license subject to this chapter shall become final five days after mailing of the notice of determination. After any final denial of a license authorized by this chapter, the applicant or licensee may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.
B. 
Appeal of Renewal, Suspension or Revocation of License.
1. 
Any decision of the police chief to renew or to deny renewal, to suspend or revoke a license may be appealed to the city council. Any appeal shall be filed in writing within 10 business days following notice of renewal, nonrenewal, suspension or revocation of a license, and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within 15 business days of the filing of the appeal with the city clerk. At the hearing, all parties shall have the right to offer testimonial, documentary and other tangible evidence on the issues; may be represented by legal counsel; and shall have the right to examine and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted.
2. 
If the police chief denies the renewal of a license, or if a license has been suspended or revoked, and the aggrieved applicant/licensee timely commences an appeal to review the validity of the denial, suspension or revocation, upon written request of the applicant/licensee, the city shall issue a temporary permit pending the final determination on the appeal. The temporary permit shall remain in effect throughout the administrative appeal process and for 90 days following the date the administrative determination is final. In the event the applicant/licensee fails or refuses to seek judicial review within such 90 days, the temporary permit shall thereon expire without further notice and the applicant/licensee shall cease all operations thereunder. Any temporary permit issued pursuant to this section shall not grant any vested rights to the holder of the temporary permit.
3. 
All decisions made by the city council regarding the renewal, nonrenewal, suspension or revocation of a license subject to this chapter shall become final five days after mailing of the notice of determination. After any final denial of a license authorized by this chapter, the applicant/licensee may seek prompt judicial review of such decision in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq., and pursuant to the expedited judicial review set forth in California Code of Civil Procedure Section 1094.8.
(Ord. 253 § 7, 2000)
The following development and performance standards shall be satisfied by a sexually oriented business and included in any approved sexually oriented business license:
A. 
The establishment of a sexually oriented business shall comply with all applicable city site development standards of the zone, district, or area in which the sexually oriented business is located, the building and construction codes, maximum occupancy loads, fire codes, and the health and safety regulations in effect in the city.
B. 
A sexually oriented business shall comply with the applicable city permit and inspection procedures.
C. 
Each sexually oriented business shall have a business entrance separate from any other nonadult business located in the same building.
D. 
No sexually oriented business shall be operated in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities, specified anatomical areas or instruments, devices or paraphernalia designed for use in connection with specified sexual activities from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.
E. 
All building openings, entries, and windows shall be located, covered, or screened to prevent viewing of the interior from any exterior area.
F. 
All exterior areas of sexually oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.
G. 
Parking lot lighting shall be provided to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and employees and reducing the incidents of vandalism and theft. The lighting shall provide a level of illumination not less than one foot-candle, measured at the surface of the pavement, at all areas of the parking lot. The lighting shall be shown on the required plot plans and shall be reviewed and approved by the building and safety department.
H. 
A parking plan shall be submitted to the city engineer for review and approved providing for adequate contiguous on-site parking.
I. 
Maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the fire department and the city's building standards.
J. 
The premises within which the sexually 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. No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with a sexually oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.
K. 
A sexually oriented business shall be open or operating for business only between the hours of 11:00 a.m. and 2:00 a.m. of any particular day. It shall be unlawful and a violation of this chapter to cause a sexually oriented business to be operated or to allow such business to remain open for business, or to permit any employee and/or independent contractor to engage in a performance, solicit a performance, make a sale or solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 11:00 a.m. of any particular day.
L. 
The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director. No person under the age of 18 years shall be permitted within the premises at any time. It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an adult business to allow any person below the age of 18 years upon the premises or within the confines of any sexually oriented business if no liquor is served, or under the age of 21 if liquor is served.
M. 
Each sexually oriented business shall be provided with a manager's station for the purpose of monitoring and supervising activities within the business. A manager shall be on duty on the premises during all times that the sexually oriented business is open to the public. All indoor areas of the sexually oriented business within which patrons are permitted, or within which viewing is permitted by patrons or the public except rest rooms, shall be open to view by the manager at all times.
N. 
An on-site security program shall be prepared and implemented including the following items:
1. 
All interior areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area
Foot Candles
Adult bookstores, video stores and novelty stores
20
Adult theaters and cabarets
5
(except during performances, at which times lighting shall be at least 1.25 foot-candles)
Adult motion picture theaters
7.5
Adult motels/hotels
20
(in public areas)
Nude modeling studios
20
2. 
All off-street parking areas and building entries serving the sexually oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of four foot-candles of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. A lighting plan, prepared by a licensed lighting engineer, shall be shown on the required site or plot plan and shall be subject to review by the building official and the police department.
3. 
Sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
a. 
Sexually oriented businesses such as adult motion picture theaters, adult video stores, nude modeling studios, sexual encounter establishments, adult theaters and adult cabarets, or any sexually oriented business which features entertainment (live or motion picture viewed from booths) whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons, shall provide at least one guard for every 50 occupants permitted by the city's building code and in no case shall there be less than two guards. One guard shall be stationed outside during all business hours. For businesses where the maximum building fire capacity is 50 or less, video monitoring of the parking lot may be approved by the police chief, subject to the submission and approval of a video security monitoring plan.
b. 
Security guards for other sexually oriented businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in HMC § 5.18.150(B)(2).
c. 
Security guards shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards 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 by the state as security guards. 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.
4. 
A video camera surveillance system shall be installed and operational during business hours, providing continuous coverage and recordation of both the interior of the building and the parking lot areas. Location of the surveillance cameras shall be approved by the police chief.
5. 
An annual review for adequacy of security will be conducted to ascertain if there has been an increase in calls for emergency services.
O. 
It is unlawful to sell, serve or permit the consumption of alcohol in any portion of a structure occupied by a sexually oriented business unless a license has been issued by the California Department of Alcoholic Beverage Control ("ABC") for such sale, service and consumption.
P. 
The sexually oriented 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 any material depicting, describing or relating to specified anatomical areas or specified sexual activities ("adult material"). Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not apply to a sexually oriented business which deals exclusively with sale or rental of adult materials which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to its patrons or the general public.
Q. 
Every sexually oriented business shall display at all times during business hours the license issued pursuant to the provisions of this chapter for such sexually oriented business in a conspicuous place so that the same may be readily seen by all persons entering the sexually oriented business.
R. 
A sexually oriented business entertainer shall have his/her license available for inspection at all times during which such person is on the premises of the sexually oriented business.
Failure to comply with each and all of the foregoing development and performance standards shall be grounds for suspension or revocation of the sexually oriented business license and/or sexually oriented entertainer's license.
(Ord. 253 § 7, 2000)
In addition to the performance standards set forth in HMC § 5.18.170, the following development and performance standards shall apply to any sexually oriented business which is also an adult motion picture theater or which includes video viewing booths which feature specified sexual activities or specified anatomical areas for observation by patrons:
A. 
The application for the sexually oriented business license shall be accompanied by a diagram of the premises showing a plan thereof and specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted.
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, excluding rest rooms. Rest rooms may not contain video reproduction equipment. 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 from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.
C. 
No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the community development director.
D. 
It shall be the duty of the permittee and/or licensee and any employees present on the premises to ensure that the view area remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons shall not be permitted in the application filed pursuant to this chapter. Signs prohibiting loitering shall be posted and maintained in prominent places in and near video booths.
E. 
The following additional requirements shall apply to adult motion picture theaters:
1. 
If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:
a. 
Have individual, separate seats (not couches, benches or the like) to accommodate the maximum number of persons who may occupy the hall or auditorium area;
b. 
Have a continuous main aisle alongside the seating area(s) in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times; and
c. 
Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area.
2. 
If the theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.
F. 
The following additional requirements shall apply to adult motion picture theaters and sexually oriented businesses where motion pictures, video cassettes, slides or other visual representations which feature specified sexual activities or specified anatomical areas for observation by patrons in video viewing booths or viewing rooms:
1. 
Video viewing booths/viewing rooms shall remain unobstructed by any doors, walls, furniture or fixtures, 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.
2. 
No video viewing booth/viewing room may be occupied by more than one person at any one time.
3. 
The walls or partitions between video viewing booths/viewing rooms shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth or room into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.
4. 
Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such viewing room/booth, or to remain in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the viewing rooms/booths.
5. 
The floors, seats, walls and other interior portions of all video viewing booths/rooms shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booths or rooms shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the sexually oriented business license.
G. 
This section shall also apply to any sexually oriented business, other than an adult motel or hotel, which exhibits on the premises in a viewing room or booth of less than 150 square feet of floor space a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas.
H. 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than seven and one-half-foot-candle power as measured at the floor level. It shall be the duty of the owners, operators, their agents and employees present on the premises to ensure that the illumination described above is maintained at all times any patron is present on the premises.
(Ord. 253 § 7, 2000)
In addition to the performance standards set forth in HMC § 5.18.170, the following development and performance standards shall apply to sexually oriented businesses providing live entertainment involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities:
A. 
No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons and surrounded with a stationary rail, or at least six feet from the nearest area occupied by patrons and surrounded by a solid barrier, which rail or barrier must be at least 30 inches in height, establishing the separations between entertainers and patrons. No patron shall be permitted within the area of the stage established by the barrier (10 feet with a rail or six feet with a solid barrier) while the stage is occupied by an entertainer. "Live entertainment" means the performance of every form of live entertainment, including, but not limited to, a performance accompanied by music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song or dance participated in by one or more persons. "Entertainer" or "live entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of a sexually oriented business.
B. 
If the sexually oriented business is licensed to sell alcoholic beverages, the licensee shall abide by the rules and regulations established by the California Department of Alcoholic Beverage Control ("ABC") and the regulations provided in this chapter, unless any regulation of this chapter is preempted by the ABC, in which case the ABC's regulations shall apply.
C. 
For live entertainment involving specified sexual activities or the exposure of specified anatomical areas, the following provisions shall apply:
1. 
No live entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. In addition, while on the premises, no entertainer shall have physical contact with a patron and no patron shall have physical contact with an entertainer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such entertainer. When patrons are present at the establishment, they shall not be allowed to, and shall not, directly touch, fondle or caress (as those terms are defined in Kev, Inc. v. Kitsap County (9th Cir., 1986) 793 F.2d 1053) the entertainers while they are performing. This subsection shall only apply to physical contact on the premises of the sexually oriented business. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs placed on the barrier between entertainers and patrons, and if necessary by employees of the establishment.
2. 
Live entertainers shall be restricted to performing in accordance with subsection A of this section.
3. 
Each live entertainer for a sexually oriented business shall be required to obtain a sexually oriented entertainer license pursuant to this chapter.
D. 
The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. No patron is permitted access to the dressing room facilities. The dressing room facilities shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment.
E. 
The sexually oriented 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 sexually oriented business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
F. 
No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit or accept any pay or gratuity from any patron. If patrons wish to tip entertainers, tips shall be placed in receptacles which shall be located at least 10 feet from the permanently fixed stage (or six feet, where a solid barrier has been installed pursuant to subsection A of this section). Patrons shall not throw tips to entertainers, hand tips directly to entertainers or place tips in the entertainers' costumes.
G. 
No owner or other person with managerial control over a sexually oriented business shall permit any person on the premises of the sexually oriented business to engage in exposure of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
H. 
No operator, entertainer or employee of a sexually oriented business shall encourage or permit a patron upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any entertainer or employee of the sexually oriented business. The sexually oriented business shall not conduct any massage, acupuncture, body wrapping, tattooing, acupressure or escort services on the premises. A sexual encounter establishment is prohibited.
I. 
Every licensee of a sexually oriented business which provides live entertainment depicting, describing or relating to specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their license numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the city.
J. 
The sexually oriented business shall provide a security system that visually records and monitors all parking lot areas at all times that the business is open and occupied for business.
K. 
User parking areas and doorways of a sexually oriented business shall be unobstructed so as to allow visibility of these areas from the public right-of-way.
(Ord. 253 § 7, 2000)
A. 
Every sexually oriented business shall display at all times during business hours the license issued pursuant to the provisions of this chapter for such sexually oriented business in a conspicuous place so that the same may be readily seen by all persons entering the sexually oriented business.
B. 
The police chief shall provide each sexually oriented business entertainer required to have a license pursuant to this chapter, with an identification card containing the name, address, photograph and license number of such entertainer.
C. 
A sexually oriented business entertainer shall have such card available for inspection at all times during which such person is on the premises of the sexually oriented business.
(Ord. 253 § 7, 2000)
It shall be a violation of this chapter for any person to operate, or cause to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this section, and knowingly, or with reasonable cause to know, permits, suffers, or allows:
A. 
Admittance of a person under 18 years of age to the business premises;
B. 
A person under 18 years of age to remain at the business premises;
C. 
A person under 18 years of age to purchase goods or services at the business premises; or
D. 
A person who is under 18 years of age to work at the sexually oriented business premises as an employee, or an independent contractor; or
E. 
The interior of the premises to be visible to a minor, wherein any matter harmful to minors is displayed or visible, unless all such materials so visible to minors are covered or obscured as required by Chapter 9.08 HMC (Display of Materials Harmful to Minors).
F. 
A sign shall be conspicuously posted on all entrances restricting entrance of minors.
(Ord. 253 § 7, 2000)
An applicant for an establishment or licensee shall permit authorized representatives of the community development department, the county health department, the police department, the fire department, or other city departments or agencies to inspect the premises of a sexually oriented business or the premises at which a licensee is permitted to work, for the purpose of ensuring compliance with the law and the development and performance standards applicable to sexually oriented businesses at any time it is occupied or open for business. A person who operates a sexually oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.
(Ord. 253 § 7, 2000)
The provisions of this chapter regulating sexually 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.
(Ord. 253 § 7, 2000)
It shall be unlawful for any owner, operator, manager or licensee in charge of or in control of a sexually oriented business which provides live entertainment depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked sexually oriented business entertainer license.
(Ord. 253 § 7, 2000)
In addition to any other penalties in this municipal code, any sexually oriented business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the licensee of the sexually oriented business or the property owner of record, pursuant to Chapter 8.28 HMC.
(Ord. 253 § 7, 2000; Ord. 370 § 20, 2012)