Chapter 5.44 - Adult-Oriented Businesses#

5.44.010 - Definitions.#

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section.

"Adult-oriented business" includes:

(1) "Adult live entertainment theater" means any place partially or entirely used for "live adult entertainment." "Live adult entertainment" means any physical human body activity in which the employees expose to public view "specified anatomical areas" for entertainment value or appear in a state of "partial nudity" or "nudity" for any form of consideration.

(2) "Adult theater" means any business that provides paying customers with exposure to images that depict "specified sexual activities," "specified anatomical areas" or men and/or women in a "state of nudity" or "state of partial nudity." Motion pictures receiving up to an "NC17" rating from a generally recognized movie rating organization are not included within the definitions of this section.

(3) "Adult-related book and video store" means an establishment with more than 25 percent of its display area devoted to adult-related book or video products. "Adult-related book and video products" means books, magazines, periodicals or other printed matter, paintings, sculptures, photographs, drawings, motion pictures, slides, films, tapes, video cassettes, records, DVD, CD-ROM, or other visual or audio representations or any material in digital format, which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

(4) "Adult related sexual device store" means an establishment that rents or offers for sale any of the following products:

a. Instruments, devices or paraphernalia which are designed or reasonably intended to be used in connection with "specified sexual activities," or

b. Goods which stimulate, are intended to be placed on, or are intended to depict "specified anatomical areas," or goods that are reasonably intended to be used in conjunction with "specified sexual activities."

c. The following items are expressly not included within the definitions in this section:

1. Devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy;
2. Candles and incense;
3. Body oils, creams and lotions;
4. Lingerie, stockings and undergarments;
5. Massage devices that are not replicas of human genital organs;
6. Health care or personal hygiene products; and
7. Food products.

"Chief of police" means the chief of police or his authorized representative.

"Employ, employee," and "employment" describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

"Establish" includes any of the following:

(1) The opening or commencement of any adult-oriented business as defined in this section;

(2) The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined in this section;

(3) The relocation of any adult-oriented business; or

(4) The addition of any of the "adult-oriented businesses" as defined in this section to any other existing adult-oriented business.

Exceptions. An "adult-oriented business" does not include:

(1) Bona fide medical establishments operated by properly licensed and registered medical and psychological personnel with necessary medical or professional credentials for the treatment of patients.

(2) Persons depicting "specified anatomical areas" in a modeling class operated:

a. By a college, junior college, or university supported entirely or partially by public revenue;

b. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partially by public revenue; or

c. In a structure operated either as a profit or not-for-profit facility which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, and where in order to participate in a class a student must enroll at least three days in advance of the class.

"Nudity" or "state of nudity" means the showing of genitals or pubic area with less than a fully opaque fabric covering.

"Partial nudity" or "state of partial nudity" means a state of dress that exposes a "specified anatomical area."

"Operate" means to own, lease, rent, manage, conduct, or direct an adult-oriented business.

"Manager" means the person in charge of an adult-oriented business at any given time, irrespective of their job title. Depending upon their role, this may include the owner of the adult-oriented business.

"Religious institution" means any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities.

"School" means any public or private educational or day care facility primarily attended by minors.

"Sexual encounter center" means any business, agency, or person who, for any form of consideration, provides a place where three or more persons may assemble for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

"Specified anatomical area" includes the following:

(1) Less than completely and opaquely covered human genitals, pubic region, anus, and/or the areola and nipple of a female breast, and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activity" includes the following:

(1) Actual or simulated sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, sodomy, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism;

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3) Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

(4) Erotic or lewd touching of nude human genitals or pubic region;

(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

(6) Erotic or lewd touching, lewd fondling or other lewd contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigations, that are intended to stimulate the prurient interests.

"Zoning district" means the zoning designation on the city zoning map or the corresponding designation on the general plan land use map.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.020 - Permits required.#

(a) It shall be unlawful for any person to operate an adult-oriented business unless the person first obtains and continues to maintain a valid permit. This permit is referred to in this chapter as "adult-oriented business license."

(b) Except as otherwise provided in this chapter, no person shall be a manager or employee of an adult-oriented business unless the person first obtains and continues to maintain a valid permit. This permit is referred to in this chapter as "adult employee permit." A manager that has a current and valid "adult-oriented business license" need not obtain or maintain an "adult employee permit."

(Ord. No. 878B, § 3, 1-22-2013)

5.44.030 - Application for adult-oriented business license or adult employee permit.#

(a) Any person desiring to obtain an adult-oriented business license or adult employee permit shall apply to the chief of police on a form provided by the city clerk. Before submitting the application, the applicant shall pay a nonrefundable fee established by resolution of the city council to defray, in part, the cost of the investigation required by this chapter. Upon payment, the city shall issue a receipt to the applicant showing that such permit application fee has been paid. The applicant shall provide the receipt or a copy thereof to the chief of police at the time of applying for a permit under this section.

(b) The application shall include the following information about the applicant:

(1) The full name;

(2) The present address;

(3) The telephone number;

(4) A copy of a current and valid:

a. U.S. passport;

b. Driver's license issued by a U.S. state; or

c. Identification card issued by a U.S. state.

(5) A list of nolo contendere or guilty pleas, or convictions which have occurred within the previous five years for offenses specified in subsection 5.44.050(b)(2);

(6) A list of all other licenses and/or permits issued to and/or revoked from the applicant by any city or county, in the five years prior to the year of the permit application;

(c) If the application is for an adult-oriented business license, in addition to the information required by subsection (b) of this section, the following information is required:

(1) The address of the business;

(2) If the location of the business is not a legal nonconforming use, a diagram of the site and interior of the building as the business will be operated. The sketch or diagram need not be professionally prepared but shall 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. The drawing of the site and interior of the building must be a configuration of the premises demonstrating it will comply with the requirements of this chapter and of Chapter 18.34;

(3) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown on its articles of incorporation. If the applicant is a partnership, the application shall set forth the exact name of the partnership and the name and address of the partner(s) owning the largest share of the partnership. If the applicant is either a corporation or partnership, the application need not contain the information required by subsections (b)(4), (b)(5), (b)(6), and (d) of this section;

(4) A description of the security measures that the applicant intends to implement at the business.

(d) Upon completion of the application, the applicant will be fingerprinted for the purpose of conducting a background check to verify the information provided pursuant to subsection (b) of this section;

(e) The application for an adult-oriented business license does not authorize conducting an adult-oriented business until a permit has been granted. A temporary adult employee permit may be granted pursuant to subsection 5.44.060(a);

(f) All personal information provided by an applicant shall be deemed confidential and not disclosed except as required by law.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.040 - Investigation and recommendations for an adult-oriented business license or adult employee permit.#

(a) Upon receiving an application for an adult-oriented business license or adult employee permit, the chief of police will stamp the application as received on the date of receipt, and determine whether the application contains all the information required by Section 5.44.030. If the chief of police determines that the application is incomplete or has been completed improperly, the chief of police shall mail a notice to the applicant at the address provided by the applicant in the application. If the applicant requests an extension within ten days after the mailing of the notice, the chief of police shall grant the applicant an extension of time of an additional ten calendar days to complete the application properly. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(b) If the application is for an adult-oriented business license:

(1) Within ten calendar days of the date of filing of a complete application, the chief of police shall refer the application to the development services department and the fire department.

(2) The development services department and the fire department shall inspect the proposed premises and make separate recommendations to the chief of police, within 35 calendar days after the filing of the completed application.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.050 - Issuance of adult-oriented business license.#

(a) The chief of police shall grant or deny a completed application for an adult-oriented business license within 60 calendar days after the date of filing a completed application.

(b) The chief of police shall grant an adult-oriented business license unless the chief of police finds:

(1) That the proposed operation fails to meet the requirements of this chapter or Chapter 18.34 of the Lincoln Municipal Code;

(2) That during the past five years the applicant or any manager has pled guilty, nolo contendere, or been convicted of any of the following offenses or convicted of an offense outside of the state of California that would have constituted any of the following offenses if committed within the state of California - Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions (a), (b) or (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may thereafter be amended or renumbered, or any other crime with substantially similar statutory elements to the ones listed herein;

(3) That the applicant has made a material misrepresentation in the application;

(4) That the applicant has had a permit for an adult-oriented business denied, revoked or suspended for cause by this city or any other city or county within the last five years;

(5) That the applicant is not at least 18 years of age; or

(6) That the applicant has not paid the required application fee.

(c) Not later than five calendar days after the date of the decision of the chief of police, a notice of the decision shall be sent to the applicant, postage prepaid, at the address shown in the application and shall state whether the decision of the chief of police was to grant or deny the permit. If the application is denied, the chief of police shall attach to the application a statement of the reasons for the denial. If the application is granted, the chief of police shall attach to the application an adult-oriented business license.

(d) If the chief of police neither grants nor denies the permit within the time frames established in subsection (a) of this section, the permit shall be deemed granted.

(e) If the application is for renewal, a denial of the application does not constitute a revocation of the prior license, if said license has not yet expired.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.060 - Issuance of adult employee permit and temporary adult employee permit.#

(a) Upon completion of the application for an adult employee permit, the chief of police shall issue a temporary permit to the applicant that shall expire 40 days from the date of issuance. The temporary permit shall allow the employee to begin working as an adult employee until the city makes a final decision to either grant or deny the application for an adult employee permit.

(b) The chief of police shall grant or deny a completed application for an adult employee permit within 30 calendar days after the date of filing a completed application.

(c) The chief of police shall grant an adult employee permit unless the chief of police finds:

(1) That during the past five years the applicant has pled guilty, nolo contendere, or been convicted of any of the offences listed in 5.44.050(b)(2);

(2) That the applicant has made a material misrepresentation in the application;

(3) That the applicant is not at least 18 years of age;

(4) That the applicant has had a permit for an adult-oriented business denied, revoked or suspended for cause by this city or any other city or county within the last five years; or

(5) That the applicant has not paid the required application fee.

(d) Not later than five calendar days after the date of the decision of the chief of police, a notice of the decision shall be sent to the applicant, postage prepaid, at the address shown in the application and shall state whether the decision of the chief of police was to grant or deny the permit. If the application is denied, the chief of police shall attach to the application a statement of the reasons for the denial. If the application is granted, the chief of police shall attach to the application an adult employee permit.

(e) If the chief of police neither grants nor denies the permit within the time frames established in subsection (a) of this section, the permit shall be deemed granted.

(f) If the application is for renewal, a denial of the application does not constitute a revocation of the prior permit, if said permit has not yet expired.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.070 - Term and renewal of adult-oriented business license and adult employee permit.#

(a) An adult-oriented business license and an adult employee permit shall expire one year from the date of issuance of the permit, unless sooner suspended or revoked.

(b) A permit which has not been suspended or revoked may be renewed for one year on written application to the chief of police. Applications for renewal shall be acted on as provided in this chapter for permit applications.

(c) The application for an adult-oriented business license shall be filed at least 60 calendar days but not more than 90 calendar days prior to the expiration date of the current valid permit. The application for an adult employee permit shall be filed at least ten calendar days but not more than 60 calendar days prior to the expiration date of the current valid permit.

(d) When a timely and complete application for renewal is filed, the expiration of the permit or license shall be stayed until a decision on the renewal application is issued by the chief of police. When the application for renewal is filed after the limitations specified in subsection (c) of this section, the expiration of the permit or license shall not be stayed.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.080 - Name and place of business—Change of location.#

No person granted a license for an adult-oriented business shall operate the adult-oriented business under any name or at any location not specified in the license.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.090 - Suspension and revocation of adult-oriented business license and adult employee permit.#

(a) The chief of police shall suspend an adult-oriented business license or an adult employee permit for a period of ten days if the licensee or permittee is convicted under this

5.44.090 - Revocation of license or permit.#

(a) The chief of police may revoke a license or permit issued pursuant to this chapter upon the conviction of the licensee or permittee of a violation of a provision of this chapter.

(b) The chief of police shall revoke a license or permit issued pursuant to this chapter if the licensee or permittee:

(1) Is convicted of three or more violations of this chapter in any 12 month period;

(2) Is convicted or pleads guilty or nolo contendere to an offense listed in subsection 5.44.050(b)(2);

(3) Is determined to have filed inaccurate information required under Section 5.44.030 or 5.44.050, and that information constitutes a material misrepresentation.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.100 - Procedures for denial, revocation, nonrenewal or suspension; appeal.#

(a) If the chief of police determines that grounds exist for denial, suspension or revocation of a license or permit under this chapter, the chief of police shall notify the applicant, licensee or permittee (respondent) in writing of the intent to deny, suspend or revoke, including a summary of the grounds and the code sections violated.

(b) The notification sent pursuant to subsection (a) of this section shall be by certified mail to the address on file with the chief of police. Within ten working days of receipt of such notice, the respondent may provide to the chief of police in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing. If a response is not received by the chief of police in the time stated, the notification shall be the final administrative action of denial, suspension or revocation and notice of such will be sent to the permittee or licensee within five working days after the expiration of the period for submitting a response. Within five working days after receipt of a response, the chief of police shall either withdraw the intent to deny, suspend or revoke, and send notification of the withdrawal to the respondent in writing by certified mail, or shall schedule a hearing before a hearing officer and send notification to the respondent in writing by certified mail of the date, time and place of the hearing. If the chief of police fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn.

(c) The hearing, if requested under subsection (b) of this section, shall be scheduled not less than 15, nor more than 30 working days after receipt by the chief of police of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. If respondent is represented by counsel, attorneys' fees shall be at the expense of respondent. The rules of evidence shall not apply. Respondent shall have the burden of proving by a preponderance of the evidence that the denial, suspension or revocation was arbitrary or capricious and an abuse of discretion. The hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent on file with the chief of police. If more than 45 days elapse between receipt by the chief of police of a request for a hearing and mailing by the hearing officer of a final decision to the respondent, a decision in favor of the applicant, licensee or permittee shall be deemed to have been rendered. In the case of an intent to revoke, suspend or nonrenew a license or permit, the permittee or licensee may continue to function under the license or permit pending receipt of the final decision of the hearing officer. The decision shall be final at the end of five working days after it is mailed and shall constitute final administrative action.

(d) Any applicant or licensee or permittee whose permit has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure section 1094.8.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.110 - Register of adult-oriented business employees.#

(a) The manager of an adult-oriented business shall maintain a register on the premises of all employees and managers of the business and their permit numbers.§

(b) The register required by subsection (a) of this section shall include the current employees and managers, as well as employees and managers during the previous 12 months. The register shall remain confidential, except that it shall be available for inspection by law enforcement personnel or the county health officer for enforcement of the provisions of this chapter. The manager of the business shall provide the register immediately upon demand during regular business hours.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.120 - Adult employee identification card.#

The chief of police shall provide to the person granted an adult employee permit or temporary adult employee permit an identification card containing the name, photograph and permit number of the adult employee.§ The identification card shall remain confidential, except that an adult employee shall deposit his or her identification card with the on-site manager of an adult-oriented business while the adult employee is on the premises. The on-site manager shall make the identification cards available for inspection by law enforcement personnel or the county health officer at all times while the adult-oriented business is open for business.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.130 - Persons under the age of 18 years prohibited.#

(a) It shall be unlawful for the licensee or manager of an adult-oriented business to employ, or permit to perform services or entertainment on the premises, any person who is under the age of 18 years.

(b) It shall further be unlawful for anyone under the age of 18 to enter, or remain within, the adult-oriented business.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.140 - Display of license.#

Every adult-oriented business granted a permit shall display the permit in a conspicuous place at or near the entrance of the adult-oriented business at all times during business hours.§

(Ord. No. 878B, § 3, 1-22-2013)

5.44.150 - Transfer of adult-oriented business license and adult employee permit.#

Adult-oriented business licenses and adult employee permits are not transferable.§ Upon sale or relocation of an adult-oriented business, the license therefore shall be void, provided, however, that upon the death or incapacity of the licensee, the establishment may continue in business for 90 days to allow for an orderly transfer of the license pursuant to this section, provided, however, that the executor of the estate shall be required to renew the application within the 90 days and shall comply with all other requirements of this Code. Any attempt to transfer a license or permit either directly or indirectly in violation of this section is hereby declared void, and upon such attempt the permit shall be deemed revoked.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.160 - Employment of adult-oriented business employees.#

(a) No licensee or manager of an adult-oriented business shall employ any person unless that person possesses a valid adult employee permit under the provisions of this chapter. It shall be the responsibility of the licensee and the manager to ensure that each employee shall have first obtained a valid permit pursuant to this chapter and shall comply with all other requirements of this chapter.

(b) No licensee or manager of an adult-oriented business shall employ at an adult-oriented business, any person who has pled guilty, nolo contendere, or been convicted of an offense specified in subsection 5.44.050(b)(2) within the previous five years.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.170 - Hours of operation.#

An adult-oriented business may not provide "live adult entertainment" between the hours of 11:00 p.m. and 8:00 a.m.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.180 - Development and operational standards.#

The following development and operational standards shall apply to all adult-oriented businesses, including those providing "live adult entertainment" and shall be in addition to those found in the zoning code:

(1) No images of partial nudity or nudity may be viewable from outside the premises of the adult-oriented business.§

(2) Subject to the exception in subsection 5.44.190(b), no person may publicly appear in a state of partial nudity or nudity in an adult-oriented business.

(3) All off-street parking areas and the exterior areas of an adult-oriented business shall be illuminated as specified in the zoning ordinance.

(4) The building entrance to an adult-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.§

(5) The adult-oriented business shall provide and maintain separate restroom facilities for male patrons and female patrons and male employees and female employees.§ No person of the opposite sex may enter a male or female restroom, except an employee may enter to carry out duties of repair, maintenance or cleaning while the restroom is closed for use. The restroom shall be free of any adult material and shall not contain television monitors, or other motion picture or video projection, recording, or reproduction equipment. Only one person shall be allowed in each restroom at any time, unless otherwise required by law.

(6) No employee shall make physical contact with the person or the clothing of any patron and no patron shall make physical contact with the person or the clothing of any employee except for purposes of collecting money by hand-to-hand transfer (subject to the limitations of subsection 5.44.049(h)), rendering emergency medical aid or handing something to the other in the ordinary course of business. It is the intent of this section to prohibit any touching of a sexual nature between patrons and employees.

(7) Adult-oriented businesses shall employ a reasonable number of security guards in order to maintain public peace and safety and to ensure compliance with the regulations relating to adult-oriented businesses.§

(8) The manager on duty shall make reasonable efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment and within 50 feet of the establishment.§ Such efforts shall include keeping an orderly line to enter the establishment that does not block public sidewalks, entrances, exits, or other public rights-of-way, and preventing patrons from loitering outside the establishment.

(9) If a viewing area in an "adult theater" provides for occupancy of five or more patrons, the viewing area must conform to the following requirements:

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 areas; and

b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium areas shall be visible from the aisle at all times.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.190 - Adult-oriented businesses providing live adult entertainment.#

In addition to the development and operational standards provided in Section 5.44.170 and those found in the zoning code, the following additional requirements shall also apply to adult-oriented businesses providing "live adult entertainment" as defined in this chapter:

(1) No person shall perform "live adult entertainment" for patrons of an adult-oriented business except upon a stage which is at least 18 inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons; and no patron shall be permitted within ten feet of the stage while the stage is occupied by an adult employee.§ Fixed rail(s) at least 30 inches in height shall be maintained at the ten-foot perimeter point to establish the separation between adult employees and patrons as required by this subsection.§ Nothing in this section is intended to exempt the adult-oriented business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

(2) While performing on stage, employees providing "live adult entertainment" may appear partially nude but may not appear nude.

(3) The adult-oriented business shall provide separate dressing rooms for adult employees which are exclusively dedicated to the adult employees' use, and to which no patron shall be admitted.§ No patron shall be permitted in the employees' dressing room. The adult-oriented business shall provide a separate walkway between the dressing room facilities and the stage in a location which is not open to patrons, located at least ten feet from patrons and which is at least three feet wide with a fixed solid barrier at least 30 inches in height separating the adult employees approaching or leaving the stage from all patrons.

(4) The adult-oriented business shall provide an entrance/exit from the adult-oriented business premises for an employee that is separate from the entrance/exit used by patrons.§

(5) No employee shall solicit tips or other gratuities from any patron or other employees. No gratuity or tip may be given to an employee providing "live adult entertainment" except by placing the tip or gratuity into a nonhuman receptacle placed at the rail separating the employees from the patrons and at least ten feet from the stage. Employees, other than those providing "live adult entertainment," may accept gratuities or tips but only by means of hand-to-hand transfer or another method not involving physical contact between the patron and the employee. Any transfer of tips or gratuities between patrons and employees shall comply with this section's prohibitions on physical contact between adult employees and patrons.

(6) Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size.§ And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

(7) Manager stations. All indoor areas of the adult-oriented business providing "live adult entertainment" within which patrons are permitted, except restrooms, shall be open to view within a direct line of sight at all times by the management from a designated manager station. Manager stations shall not exceed 32 square feet in area.§ Manager stations may include video monitoring of the adult-oriented business, but all areas of the business must be visible by a direct line of sight as described in this subsection.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.200 - Management requirements.#

There shall be present on the premises of an adult-oriented business at all times while the business is open, a manager who is at least 18 years of age, who shall be in charge of all of the activities on the premises and who shall be responsible to ensure compliance with all requirements set forth in this chapter. No performer may serve as the manager.§

(Ord. No. 878B, § 3, 1-22-2013)

5.44.210 - Service of alcoholic beverages.#

Adult-oriented businesses are prohibited from serving or offering alcoholic beverages.§

(Ord. No. 878B, § 3, 1-22-2013)

5.44.220 - Inspection.#

To the extent authorized by law, an applicant or licensee shall permit representatives from city departments or government agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with this Code and the development and operational standards applicable to adult-oriented businesses, at any time it is open for business.§ A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit a lawful inspection of the premises at any time it is open for business. Nothing in this section shall permit or authorize warrantless searches of property on the premises, except as otherwise permitted by law.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.230 - Applicability; violations.#

(a) The requirements of Chapter 5.44 shall apply to all persons and businesses engaging in the activities described in Chapter 5.44, whether or not such activities were commenced prior to the effective date of Chapter 5.44. Persons and businesses engaging in activities regulated by Chapter 5.44 shall be in full compliance, including receipt of any required adult-oriented business license or adult employee permit, within 180 days after the effective date of Chapter 5.44.

(1) If a person or business was engaging in the activities described in Chapters 5.44 and/or 18.34 prior to the effective date of Chapters 5.44 and 18.34, and said person or business appeals the denial of an adult-oriented business license or adult employee permit pursuant to the procedures outlined in this chapter, said person or business may, without an adult-oriented business license or adult employee permit, continue to engage in the activities regulated by Chapter 5.44 until a final decision is rendered on appeal.

(2) If a location of an adult-oriented business is a legal nonconforming use, the requirement to receive an adult-oriented business license shall not include the requirement to conform to the locational provisions of Chapter 18.34.

(b) It shall be unlawful to establish or operate an adult-oriented business in violation of this chapter or Chapter 18.34. It shall be unlawful for any owner, manager, patron or employee to knowingly violate any provision of this chapter. Any person who knowingly violates any provision of this section shall be guilty of a misdemeanor as follows:

(1) Any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed $1,000.00 or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment.§

(2) Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day which any such person commits, continues, permits, or causes a violation thereof, and shall be punished accordingly.

(3) In addition to the penalties set forth in this chapter, any adult-oriented business that is operating in violation of these provisions regulating adult-oriented businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoin from further operation by any civil proceeding otherwise authorized by law for the declaration and/or abatement of a public nuisance.

(Ord. No. 878B, § 3, 1-22-2013)

5.44.240 - Severability.#

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. No. 878B, § 3, 1-22-2013)