HomeMy WebLinkAboutOrd 1275-2000ORDINANCE NO.
1275-2000
AN ORDINANCE DELETING CHAPTERS 10.10 AND 20.37 OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND ADDING NEW CHAPTERS
10.60 AND 20.101 RELATING TO REGULATION OF ADULT-ORIENTED
BUSINESSES
The City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1. FINDINGS. The City Council of the City of South San Francisco hereby
finds that:
(a) The City Council, in adopting this ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary side effects of
Adult-Oriented Business in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986);
Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis,
Minnesota (1980); Phoenix, Arizona (1979); Amarillo, Texas (1977); Cleveland, Ohio (1977);
Los Angeles, California (1977). The City Council finds that these studies are relevant to the
potential problems addressed by the City in enacting this ordinance to regulate the adverse
secondary side effects of Adult-Oriented Businesses, and more specifically finds that the these
studies provide convincing evidence that:
(1)
Adult-Oriented Businesses are linked to increases in the crime
rates in those areas in which they are located and in surrounding
areas.
(2)
There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by Adult-
Oriented Businesses.
(3)
The proximity and concentration of Adult-Oriented Businesses
adjacent to residential, recreational, religious, educational and
other Adult-Oriented Business uses can cause other businesses and
residences to move elsewhere.
(4)
There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by Adult-
Oriented Businesses, including but not limited to an increase in the
crimes of narcotics distribution and use, prostitution, pandering,
and violence against persons and property. The studies from other
cities establish convincing evidence that Adult-Oriented
Businesses which are not regulated as to permissible locations
often have a deleterious effect on nearby businesses and residential
areas, causing among other adverse secondary effects an increase
in crime and a decrease in property values.
(b) Based on the foregoing, the City Council of the City of South San Francisco finds
and determines that special regulation of Adult-Oriented Businesses is necessary to ensure that
their adverse secondary side effects will not contribute to an increase in crime rates. The need
for such special regulations is based upon the recognition that Adult-Oriented Business have
serious objectionable operational characteristics, thereby having a deleterious effect upon the
adjacent areas. It is the purpose and intent of these special regulations to prevent such adverse
secondary side effects.
(c) The locational requirements established by this ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected Adult-Oriented Businesses in
the City of South San Francisco, and a sufficient reasonable number of appropriate locations for
Adult-Oriented Businesses are provided for by this ordinance.
(d) In developing this ordinance, the City Council has been mindful of legal
principles relating to regulation of Adult-Oriented Businesses and does not intend to suppress or
infringe upon any expressive activities protected by the First Amendments of the United States
and California Constitutions, but instead desires to enact reasonable time, place, and manner
regulations that address the adverse secondary effects of Adult-Oriented Businesses.
(e) The City Council of the City of South San Francisco also finds that locational
criteria alone do not adequately protect the health, safety, and general welfare of the citizens of
the City of South San Francisco, and thus certain requirements with respect to the ownership and
operation of Adult-Oriented Businesses are in the public interest. In addition to the findings and
studies conducted in other cities regarding increases in crime rates, decreases in property values
and the blighting of areas in which such businesses are located, the City Council also takes
legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053
(1986), regarding how live adult entertainment results in secondary effects such as prostitution,
drag dealing, and other law enforcement problems.
(f) The City Council finds the following, in part based upon its understanding of the
documents in the public record:
(1)
Evidence indicates that some dancers, models and entertainers, and
other persons who publicly perform Specified Sexual Activities or
publicly display Specified Anatomical Parts in Adult-Oriented
Businesses (collectively referred to as "performers") have been
found to engage in sexual activities with patrons of Adult-Oriented
Businesses on the site of the Adult-Oriented Businesses;
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(2)
Evidence has demonstrated that performers employed by Adult-
Oriented Businesses have been found to offer and provide private
shows to patrons who, for a price, are permitted to observe and
participate with the performers in live sex shows;
(3)
Evidence indicates that performers at Adult-Oriented Businesses
have been found to engage in acts of prostitution with patrons of
the establishment;
(4)
Evidence indicates that fully enclosed booths, individual viewing
areas, and other small rooms whose interiors cannot be seen from
public areas of the establishment regularly have been found to be
used as a location for engaging in sexual activity;
(5)
As a result of the above, and the increase in incidents of AIDS and
Hepatitis B, which are both sexually transmitted diseases, the City
has a substantial interest in adopting regulations which will reduce,
to the greatest extent possible, the possibility for the occurrence of
prostitution and casual sex acts at Adult-Oriented Businesses.
(6)
Evidence indicates that Adult-Oriented Businesses are associated
with an increase in the distribution and/or use of illegal drags.
(g) Zoning and other police power regulations are legitimate, reasonable means of
accountability to help protect the quality of life in the community of South San Francisco and to
help assure that all operators of Adult-Oriented Businesses comply with reasonable regulations
that minimize the adverse secondary effects which naturally accompany the operation of such
businesses.
(h) The City Council of the City of South San Francisco recognizes the possible
harmful effects on children and minors exposed to the effects of such Adult-Oriented Businesses
and the deterioration of respect for family values, and the need and desire of children and minors
to stay away from and avoid such businesses, which cause children to be fearful and cautious
when walking through or visiting the immediate neighborhood of such businesses; and the City
Council desires to minimize and control the adverse secondary side effects associated with the
operation of Adult-Businesses and thereby protect the health, safety, and welfare of the citizens
of South San Francisco; protect the citizens from increased crime; preserve the quality of life;
preserve property values and the character of surrounding neighborhoods and businesses; deter
the spread of urban blight and protect against the threat to health from the spread of
communicable and sexually transmitted diseases.
(i) It is not the intent of the City Council of the City of South San Francisco in
enacting this ordinance, or any provisions thereof to condone or legitimize the distribution of
obscene material, and the City of South San Francisco recognizes that state law prohibits the
distribution of the obscene materials and expects and encourages law enforcement officials to
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enforce state obscenity statutes against such illegal activities in the City of South San Francisco.
(j) Nothing in this ordinance is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, building, or use which violates any
City ordinance or any statute of the State of California regarding public nuisances, unlawful or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or
public display thereof.
(k) In prohibiting live public nudity in Adult-Oriented Businesses, the City Council
does not intend to proscribe the communication of erotic messages or any other communicative
element or act, but rather only to prohibit public nudity due to the secondary impacts associated
with such public nudity; and
(1) The City Council also finds, as a wholly independent basis, that it has a
substantial public interest in preserving societal order and morality, and that such interest is
furthered by a prohibition on public nudity; and
(m) While the City Council desires to protect the rights conferred by the United States
Constitution on Adult-Oriented Businesses, it does so in a manner that ensures the continued and
orderly use and enjoyment of property within the City and diminishes, to the greatest extent
feasible, those undesirable secondary effects which the aforementioned studies have shown to be
associated with the development and operation of Adult-Oriented Businesses; and
(n) In enacting a public nudity limitation, the City declares that the limitation is a
regulatory licensing provision and not a criminal offense. The City has not provided a criminal
penalty for a violation of the nudity limitation. The City adopts such a limitation only as a
condition of issuance and maintenance of an Adult-Oriented Business permit issued pursuant to
the City Code; and
(o) The City Council finds that requiring separations between entertainers and patrons
and preventing the exchange of money between entertainers and patrons also reduces the
likelihood of drag and sex transactions occurring in Adult-Oriented Businesses; and
(p) Enclosed or concealed booths and dimly-lit areas within Adult-Oriented
Businesses greatly increase the potential for misuse of the premises, including unlawful conduct
of a type which facilitates transmission of disease. Requirements that all indoor areas be open to
view by management at all times, and that adequate lighting be provided are necessary in order to
reduce the opportunity for, and therefore the incidence of illegal conduct within Adult-Oriented
Businesses, and to facilitate the inspection of the interior of the premises thereof by law
enforcement personnel, and
(q) The City Council finds that Adult-Oriented Business Permits shall be denied to
applicants with recent criminal convictions for sexually-related offenses and drag sales or
distribution offenses due to the evidenced lack of commitment to enforcement of prohibitions
with respect to sexual and drag sales or distribution offenses and due to the high incidence of
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recidivism with respect to sexual and drug sales or distribution crimes.
(r) The City of South San Francisco finds the following in part, based upon its
understanding of the documents in the public record:
(1)
Evidence indicates that some dancers, models, entertainers, and
other persons who publicly perform Specified Sexual Activities or
publicly display Specified Anatomical Parts in Adult-Oriented
Businesses (as those terms are defined herein) (collectively referred
to as "Performers") have been found to engage in sexual activities
with patrons of Adult-Oriented Businesses on site of the Adult-
Oriented Business;
(2)
Evidence has demonstrated that performers employed by Adult-
Oriented Businesses have been found to offer and provide private
shows to patrons who, for a price, are permitted to observe and
participate with the Performers in live sex shows;
(3)
Evidence indicates that Performers at Adult-Oriented Businesses
have been found to engage in acts of prostitution with patrons of
the establishment; and
(s) Evidence indicates that fully enclosed booths, individual viewing areas, and other
rooms whose interiors cannot be seen from public areas of the establishment regularly have been
found to be used as a location for sexual activity; and
(t) As a result of the factors above, and the continuing incidence of sexually
transmitted diseases, the City has a substantial interest in adopting regulations which will reduce,
to the greatest extent possible, the possibility for the occurrence of prostitution, drag sales and
distribution, and sexual activity at Adult-Oriented Businesses; and
(u) The City Council takes note of the proliferation of adult material on the Intemet
and its availability as an alternative avenue of communication. The City Council also considers
and relies on published decisions examining the proliferation of communications on the Internet.
Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997)
[the principal channel through which many Americans now transmit and receive sexually explicit
communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4m Cir, 1996),
cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a
Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the
Intemet is one available channel of communication]; U.S.v. Hockings, 129 F.3d 1069 (9th Cir.
1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820
[recognizing the Internet as a medium for transmission of sexually explicit material in the context
of obscenity prosecutions]. The emergence of the Internet brings with it a virtually unlimited
additional source of adult oriented sexual materials available to interested persons in every
community with a mere keystroke. An adult business no longer has to be "actually" physically
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located in a city to be available in the community; and.
(v) The City Council recognizes and relies on information regarding numerous adult
uses located within twenty (20) minutes driving time in the City of San Francisco.
SECTION 2. Chapter 20.37 entitled "Adult-Entertainment Overlay District" is hereby
deleted and Chapter 20.101 is hereby added to read as follows:
Chapter 20.101 ADULT-ORIENTED BUSINESSES LOCATIONAL EQUIREMENTS
SEC. 20.101.010 PURPOSE.
It is the intent of this article to prevent community-wide adverse economic impacts,
increased crime, decreased property values, and the deterioration of neighborhoods, which can be
brought about by the concentration of Adult-Oriented Businesses in close proximity to
incompatible uses such as schools for minors, churches, and residentially zoned districts or uses.
The City Council finds that it has been demonstrated in various communities that Adult-
Oriented Businesses can cause an increase in the number of transients in the area, and an increase
in crime, and in addition to the effects described above can cause other businesses and residents
to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform
regulations to prevent the close proximity of Adult-Oriented Businesses to incompatible uses,
while permitting the location of Adult-Oriented Businesses in certain areas.
SEC. 20.101.020. DEFINITIONS.
(a) Establishment of an Adult-Oriented Business. As used herein, to "establish" an
Adult-Oriented business shall mean and include any of the following:
(1)
(2)
The opening or commencement of any Adult-Oriented Business as
a new business;
The conversion of an existing business, whether or not an Adult-
Oriented Business, to any Adult-Oriented Business defined herein;
(3)
The addition of any of the Adult-Oriented Businesses defined
herein to any other existing Adult-Oriented Business; or
(4) The relocation of any such Adult-Oriented Business.
(5) The opening or commencement of any Adult-Oriented Business as an
accessory use of an existing Business.
(b) Specified anatomical areas. As used herein, "specified anatomical areas" shall
mean and include any of the following:
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(1)
Less than completely and opaquely covered human (i) genitals or
pubic region; (ii) buttocks; and (iii) female breast below a point
immediately above the top of the areola;
(2)
Human male genitals in a discernibly turgid state, even if
completely and opaquely covered;
(3)
Any device, costume or covering that simulates any of the body
parts included in subdivisions (1) or (2) above.
(c) Specified sexual activities. As used herein, "specified sexual activities" shall
mean and include any of the following, whether performed semi-nude or directly or indirectly
through clothing or other covering:
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
(2)
Sex acts, actual or simulated, including intercourse, oral
copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4)
Excretory functions as part of or in connection with any of the
other activities described in subdivision (1) through (3) of this
subsection.
(d) Adult-Oriented Business. "Adult-Oriented Business" means any of the following:
(1)
Adult arcade. The term "adult arcade" as used in this Chapter, is
an establishment where, for any form of consideration, one or more
still or motion picture projectors, or similar machines, for viewing
by five (5) or fewer persons each, are used to show films, computer
generated images, motion pictures, video cassettes, slides or other
photographic reproductions as part of its regular course and scope
of conduct of its business and which are distinguished or
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
(2)
Adult bookstore. The term "adult bookstore" as used in this
Chapter, is an establishment that as part of the regular course and
scope of conduct of its business has its stock in books, magazines,
periodicals or other printed matter, or of photographs, films,
motion pictures, video cassettes, slides, tapes, records or other
form of visual or audio representations which are distinguished or
characterized by an emphasis upon the depiction or description of
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(3)
(4)
(5)
specified sexual activities and/or specified anatomical areas, or in
goods specifically designed to be used to achieve sexual
gratification and constituting a substantial portion of the adult
bookstore's revenues.
Adult cabaret. The term "adult cabaret" as used in this Chapter,
means a nightclub, restaurant, or similar business establishment
which: (1) regularly features live performances which are
distinguished or characterized by an emphasis upon the display of
specified anatomical areas or specified sexual activities; and/or (2)
which regularly features live performances by persons who appear
semi-nude; and/or (3) shows films, computer generated images,
motion pictures, video cassettes, slides, or other photographic
reproductions that are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas as part of the regular course
and scope of conduct of its business.
Adult hotel/motel. The term "adult hotel/motel"
as used in this Chapter, means a hotel or similar business
establishment offering public accommodations for any form of
consideration which, (1) provides patrons with closed-circuit
television transmissions, films, computer generated images, motion
pictures, video cassettes, slides, or other photographic
reproductions that are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas as part of the regular course
and scope of conduct of its business constituting a substantial
portion of the adult hotel/motel's revenues and/or (2) rents, leases,
or lets any room for less than a six (6) hour period, or rents, leases,
or lets any single room more than twice in a 24-hour period.
Adult motion picture theater. The term "adult motion picture
theater" as used in this Chapter, is a business establishment where,
for any form of consideration, films, computer generated images,
motion pictures, video cassettes, slides or similar photographic
reproductions are shown, which are distinguished or characterized
by an emphasis upon the depiction or description of specified
sexual activities or specified anatomical areas as part of the regular
course and scope of conduct of its business.
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(6)
Adult theater. The term "adult theater" as used in this Chapter,
means a theater, concert hall, auditorium, or similar establishment
which, for any form of consideration regularly features live
performances which are distinguished or characterized by an
emphasis on the display of specified anatomical areas or specified
sexual activities or which features live performances by persons
who are semi-nude.
(7)
Modeling studio. The term "modeling studio" as used in this
Chapter, means a business which provides, for pecuniary
compensation, monetary or other consideration, hire or reward,
figure models who, for the purposes of sexual stimulation of
patrons, display specified anatomical areas or are semi-nude to be
observed, sketched, photographed, painted, sculpted or otherwise
depicted by persons paying such consideration. "Modeling studio"
does not include schools maintained pursuant to standards set by
the State Board of Education. "Modeling studio" further does not
include a studio or similar facility owned, operated, or maintained
by an individual artist or group of artists, and which does not
provide, permit, or make available specified sexual activities.
(8)
Outcall service. The term "outcall service" as used in this Chapter
means any establishment, business, or person that provides an
outcall service consisting of individuals leaving a premises upon
request or by appointment to visit other premises for a period of
time for the purpose of providing any service during which time
specified anatomical areas are displayed, specified sexual activities
occur, or semi-nude live performances or activities occur.
(9)
Sexual encounter establishment. The term "sexual encounter
establishment" as used in this Chapter means an establishment,
other than a hotel, motel or similar establishment offering public
accommodations which, for any form of consideration, provides a
place where two or more persons may congregate, associate or
consort in connection with specified sexual activities or the
exposure of specified anatomical areas or live semi-nude displays.
This definition does not include an establishment where a medical
practitioner, psychologist, psychiatrist or similar professional
person licensed by the State engages in sexual therapy.
(e) Figure model. The term "Figure model" as used in this Chapter, means any
person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling
studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.
(f) Distinguished or characterized by an emphasis upon. As used in this ordinance,
the term "distinguished or characterized by an emphasis upon" shall mean and refer to the
dominant or essential theme of the object described by such phrase. For instance, when the
phrase refers to films "which are distinguished or characterized by an emphasis upon" the
depiction or description of specified sexual activities or specified anatomical areas, the films so
described are those whose dominant or predominant character and theme are the depiction of
specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3d
151 (1981).
(g) Regularly Features. The term "regularly features" with respect to an adult theater
or adult cabaret means a regular and substantial course of conduct. The fact that live semi-nude
performances or other activities occur on two (2) or more occasions within a thirty (30) day
period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions
within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed
to be a regular and substantial course of conduct.
(h) School. The term "school" as used in this ordinance, is any child or day care
facility, or an institution of learning for minors, whether public or private, offering instruction in
those courses of study required by the California Education Code and maintained pursuant to
standards set by the State Board of Education. This definition includes a nursery school,
kindergarten, elementary school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a vocational or professional institution of higher
education, including a community or junior college, college, or university.
(i) Semi-nude; Semi-nudity. Means a state of dress in which clothing covers no more
than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the
body covered by supporting straps or devices.
(j) Religious Facility. The term "religious facility" as used in this Chapter, is a
structure which is used primarily for religious worship and related religious activities.
(k) Accessory use. The term "accessory use" used in this Chapter shall be defined as
given in Section 20.06.050(c) of this Code.
SEC. 20.101.030. LOCATION AND PROXIMITY REQUIREMENTS.
No Adult-Oriented Business shall be established or located in any zone in the City other
than the Light Industrial or Planned Industrial zoning district east of South Airport Boulevard and
the Bayshore Freeway, or within certain distances of certain specified land uses or zones as set
forth below:
(a) No such business shall be established or located within 300 feet from any existing
residential zone or use, park, religious facility, school, or public facilities serving children.
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(b) The distances set forth above shall be measured as a radius from the primary
entrance of the Adult-Oriented Business to the property lines of the property so zoned or used
without regard to intervening structures.
SEC. 20.101.040. OTI-IER PROVISIONS.
The provisions of this Chapter shall be in addition to those provisions in Chapter 10.60 of
this Code.
SECTION 3. Chapter 10.10 entitled "Regulations Prohibiting Certain Exposures of the
Human Body" is hereby deleted and a new Chapter 10.60 is hereby added to read as follows:
Chapter 10.60. ADULT-ORIENTED BUSINESSES
SEC. 10.60.010. IF. GISLATIVE PURPOSE.
It is the purpose of this Chapter to regulate Adult-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 adult-oriented materials. Similarly, it is not
the intent nor effect of this ordinance to restrict or deny access by adults to adult-oriented
materials protected by the First Amendment, or to deny access by the distributors and exhibitors
of adult-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.
SEC. 10.60.015. DEFINITIONS.
For the purposes of this Chapter the following words and phrases shall have the meanings
as defined herein.
(a) Adult-Oriented Business. The term "Adult-Oriented Business" as used in this
Chapter shall have that meaning given in Sections 20.101.020(a) and (d) of the Municipal Code.
(b) Adult-Oriented Business Operator. The term "Adult-Oriented Business Operator"
(hereinafter "operator") as used in this Chapter 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 an Adult-Oriented Business or the conduct or activities occurring on the premises
thereof.
(c) Applicant. The term "Applicant" as used in this Chapter, means a person who is
required to file an application for a permit under this chapter, including an individual owner, a
managing partner, officer of a corporation, or any other operator, a manger, employee, or agent of
an Adult-Oriented Business.
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(d) Bar. The term "Bar" as used in this Chapter, means any commercial
establishment licensed by the State Department of Alcoholic Beverage Control to serve any
alcoholic beverages on the premises.
(e) Fire Chief. The term "Fire Chief" as used in this Chapter, means the Fire Chief of
the City of South San Francisco or his or her duly authorized representative.
(f) Operate an Adult-Oriented Business. The term "operate an Adult-Oriented
Business" as used in this Chapter, means the supervising, managing, inspecting, directing,
organizing, controlling or in any way being responsible for or in charge of the conduct of
activities of an Adult-Oriented Business or activities within an Adult-Oriented Business.
(g) Permittee. The term "Permittee" as used in this Chapter, means the person to
whom an Adult-Oriented Business Permit is issued.
(h) Person. The term "Person" as used in this Chapter, means any individual,
partnership, copartnership, firm, association, joint stock company, corporation, or combination of
the above in whatever form or character.
(i) Police Chief. The term "Police Chief" as used in this Chapter, means the Police
Chief of the City of South San Francisco or the authorized representatives thereof.
(j) Public nudity or a state of public nudity. The term "Public nudity or a state of
public nudity" as used in this Chapter, means the showing of the human male or female genitals,
pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast
with less than a fully opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
(k) Outcall service activity. The term "outcall service activity" as used in this
Chapter means any establishment, business or person that provides an outcall service consisting
of individuals leaving a premises upon request or by appointment to visit other premises for a
period of time for the purpose of providing any service during which time specified anatomical
areas are displayed specified sexual activities occur, or semi-nude live performances or activities
occur.
(1) Semi-nude; Semi-nudity. The term "semi-nude" or "semi-nudity" as used in this
Chapter shall have that meaning given in Section 20.101.020(i) of the Municipal Code.
(m) Specified anatomical areas; specified sexual activities. The term "specified
anatomical areas" as used in this Chapter shall have that meaning given in Section 20.101.020(b)
of the Municipal Code. The term "specified sexual activities" as used in this Chapter shall have
that meaning given in Section 20.101.020(c) of the Municipal Code.
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SEC. 10.60.020. PERMITS REQUIRED.
(a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit
to be engaged in, conducted or carried on, in or upon any premises in the City of South San
Francisco, the operation of an Adult-Oriented Business unless the person first obtains and
continues to maintain in full force and effect a permit from the City of South San Francisco as
herein required. (Adult-Oriented Business Regulatory Permit)
(b) It shall be unlawful for any persons to engage in or participate in any live semi-
nude performance or activity in an Adult-Oriented Business unless the person first obtains and
continues in full force and effect a permit from the City of South San Francisco as herein
required, however, in no event shall issuance of a permit be interpreted to allow live public
nudity. (Adult-Oriented Business Performer Permit)
SEC. 10.60.025. ADULT-ORIENTED BUSINESS REGULATORY PERMIT -
APPLICATIONS.
(a) Adult-Oriented Business Regulatory Permits are nontransferable, except in
accordance with Section 10.60.040. Therefore, all applications shall include 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 eighteen (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,
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 name, the date of its incorporation, evidence that the
corporation is in good standing under the laws of California, the
names and capacity of all officers and directors, the name of the
registered corporate agent and the address of the registered office
for service of process.
(4)
If the applicant has had any convictions within the last five (5)
years of the offenses set forth in Section 10.60.045(d)(5), along
with a copy of the applicant's State Summary Criminal History
Information Report ("Report") from the California Department of
Justice dated no more than twenty-five (25) days prior to the date
of the application upon the applicant's request and upon payment
of the required fee, the Police Chief shall obtain the applicant's
Report. However, the applicant's application shall not be deemed
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(5)
complete until the Chief of Police has received the Report.
A sketch or diagram acceptable to the Police Chief showing the
interior configuration of the premises, including a statement of the
total floor area occupied by the Adult-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 (6)
inches and shall include a to-scale sketch or diagram of all parking
facilities to be used whether onsite or off-site.
(6)
A certificate and straight-line drawing acceptable to the Police
Chief prepared within thirty (30) days prior to application depicting
the building and the portion thereof to be occupied by the Adult-
Oriented Business.
(7)
A diagram acceptable to the Police Chief of all off-street parking
areas, whether onsite or off-site, and premises entries of the Adult-
Oriented Business showing the location of the lighting system
required by Section 10.60.065(i). If the applicant requires off-site
parking areas, copies of formal parking agreements shall be
provided.
(b) 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 ten
(10) percent or greater interest in the business entity shall sign the application.
(c) If the applicant intends to operate the Adult-Oriented Business under a name other
than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented
Business and show proof of registration of the fictitious name.
(d) A specific, detailed description of the type of Adult-Oriented Business for which
the Permit is requested and the proposed address where the Adult-Oriented Business will operate,
plus the name and addresses of the owners and lessors of the Adult-Oriented Business site.
(e) The address to which notice of action on the application is to be mailed.
(f) The names of all employees, independent contractors, and other persons who will
perform at the Adult-Oriented Business, who are required by Section 10.60.045 to obtain an
Adult-Oriented Business Performer Permit (for ongoing reporting requirements see Section
10.60.045).
(g) 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 an Adult-Oriented Business
Regulatory Permit.
14
(h) Along with the filing of the application, the applicant shall pay a permit or other
fee, as designated on the Master Fee Schedule, which shall not be refundable.
(i) Applicant shall provide copies of permits from other jurisdictions, if any, for
businesses that are similar to one being proposed in the application and shall provide a listing of
permit applications that are pending or have been denied in other jurisdictions, if any.
SEC. 10.60.030. INVESTIGATION AND ACTION ON APPLICATION.
(a) Upon receipt of a completed application and payment of the application and
permit fees, the Police Chief shall immediately stamp the application as received and promptly
investigate the information contained in the application to determine whether the applicant shall
be issued an Adult-Oriented Business Regulatory Permit.
(b) Upon submission of a completed application as determined by the Police Chief,
the applicant may proceed to engage in the Adult-Oriented Business specified in the application
for a probationary period not to exceed forty-five (45) days subject to strict compliance with the
provisions of Section 10.60.065. During the probationary period, the Police Chief 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 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 documentation of this approval that shall specify any
special conditions as allowed by Section 10.60.065 imposed upon
the granting of the application.
(4)
The application as granted or denied and the documentation of
approval, if any, shall be placed in the United States mail, first
class postage prepaid, addressed to the applicant at the address
stated in the application.
(c) The Police Chief shall grant the application upon findings that the applicant has
met all of the development and performance standards and requirements of Section 10.60.065
unless the application is denied for one or more of the reasons set forth in Section 10.60.035.
The Permittee shall promptly provide to any employee of the City upon demand the original
application and documentation of approval. The granting of application shall only allow the
Permittee to engage in those Adult-Oriented Business activities specified in the application.
15
(d) If the Police Chief grants the application or if the Police Chief neither grants nor
denies the application within the probationary period, the applicant may continue operating the
Adult-Oriented Business for which the Permit was sought, subject to strict compliance with the
development and performance standards and requirements of Sections 10.60.065, and subject to
Section 10.60.030(e).
(e) If the Police Chief denies the application, or if the applicant does not strictly
comply with the development and performance standards and requirements of Section 10.60.065,
or if the Permit expires pursuant to 10.60.030(3), the applicant shall immediately cease all
operation of the Adult-Oriented Business forthwith. In no event shall the probationary period be
deemed to vest in the applicant the right to operate the Adult-Oriented Business for the entire
probationary period or for any period of time beyond the probationary period except as provided
for in this Chapter.
SECTION 10.60.033. TERM OF PERMIT
(a) Each Adult-Oriented Business Regulatory permit shall expire one (1) 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 Annual Permit Renewal Fee and a copy of the application to be
renewed. The request for renewal shall be made at least thirty (30) days before the expiration
date of the Permit. When made less than thirty (30) days before the expiration date, the
expiration of the Permit will not be stayed. Applications for renewal shall be acted on as
provided herein for action upon applications for Permits. In the event that the Police Chief
neither grants nor denies the application for a permit, the applicant shall be deemed to have been
granted a Permit as of the first day after the expiration of the probationary period and shall be
required to renew this Permit in conformance with this Section.
SEC. 10.60.035. PERMIT DENIAL.
The Police Chief shall deny the application for any of the following reasons:
(a) The building, structure, equipment, or location used by the business for which an
Adult-Oriented Business Regulatory Permit is required do not comply with the requirements and
standards of the health, zoning, fire, security, and safety laws of the City and the State of
California, or with the locational standards, of Chapter 20.101 or the development and
performance standards and requirements of this Chapter.
(b) The applicant, his or her employee, agent, partner, director, officer, shareholder or
manager has knowingly made any false, misleading or fraudulent statement of material fact in the
application for an Adult-Oriented Business Regulatory Permit.
(c) An applicant is under eighteen (18) years of age.
(d) The required application fees have not been paid.
16
(e) An applicant has been convicted of an offense specified in Section
10.60.045(d)(5).
(f) An applicant seeks to engage in outcall service activity.
(g) An applicant has violated any provision of this Chapter in the past or during the
probationary period specified in Section 10.60.030(b). Said violation shall be grounds to deny
any subsequent applications made under this Chapter by the applicant.
SEC. 10.60.040. TRANSFER OF ADULT-ORIENTED BUSINESS REGULATORY
PERM1TS.
(a) A permittee shall not operate an Adult-Oriented Business under the authority of
an Adult-Oriented Business Regulatory Permit at any place other than the address of the Adult-
Oriented Business stated in the application for the Permit.
(b) A permittee shall not transfer ownership or control of an Adult-Oriented Business
or transfer an Adult-Oriented Business Regulatory Permit to another person unless and until the
transferee obtains an amendment to the Permit from the Police Chief stating that the transferee is
now the permittee. Such an amendment may be obtained only if the transferee files an
application with the Police Chief in accordance with Section 10.60.025, accompanies the
application with a transfer fee in an amount specified in the Master Fee Schedule, and the Police
Chief determines in accordance with Section 10.60.030 that the transferee would be entitled to
the issuance of an original Permit.
(c) No Permit may be transferred when the Police Chief has notified the permittee
that the permit has been or may be suspended or revoked.
(d) Any attempt to transfer a Permit either directly or indirectly in violation of this
Section is hereby declared void, and the Permit shall be deemed revoked.
SEC. 10.60.045. ADULT-ORIENTED BUSINESS PERFORMER PERMIT.
(a) No person shall engage in or participate in any semi-nude live performance in an
Adult-Oriented Business without a valid Adult-Oriented Business Performer Permit issued by the
City. All persons who have been issued an Adult-Oriented Business Regulatory Permit shall
promptly supplement the information provided as part of the application for the Permit required
by Section 10.60.025 with the names of all Performers required to obtain an Adult-Oriented
Business Performer Permit within thirty (30) days of any change in the information originally
submitted. Failure to submit such changes shall be grounds for suspension of the Adult-Oriented
Business Regulatory Permit. The granting of an Adult-Oriented Business Performer Permit shall,
in no event, be interpreted to allow the Permittee to engage in live public nudity or the live
depiction of specified sexual activities.
17
(b)
Permits.
The Police Chief shall grant, deny and renew Adult-Oriented Business Performer
(c) The application for a Permit shall be made on a form provided by the Police
Chief. An original and a copy of the completed and sworn permit 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, eye color, scars, birth marks, and tattoos;
(4) Present residence address and telephone number;
(5) Whether the applicant has ever been convicted of:
(i)
Any of the offenses set forth in Sections 315,
316, 266a, 266b, 266c, 266e, 266g, 266h,
266i, 647(a), 647(b) and 647(d) of the
California Penal Code and Sections 11350,
11351, 11359, 11364, 11377, 11378, and
11379 and of the California Health & Safety
Code as those sections now exist or may
hereafter be amended or renumbered.
(ii) 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 or identification number;
18
(8)
Satisfactory written proof that the applicant is at least eighteen (18)
years of age;
(9)
The applicant's fingerprints on a form provided by the Police
Department, and three (3) color photographs provided by the
applicant clearly showing the applicant's face. Any fees for the
photographs, fingerprints, and background checks shall be paid by
the applicant;
(10)
A copy of the applicant's State Summary Criminal History
Information Report ("Report") from the California Department of
Justice dated no more than twenty-five (25) days prior to the date
of the application, upon the applicant's request and upon payment
of the required fee, the Police Chief shall obtain the applicant's
Report. However, the applicant's application shall not be deemed
complete until the Chief of Police has received the Report.
(11) The name(s) of those Adult-Oriented Business(es) where the
applicant shall be performing.
(e) The completed application shall be accompanied by a non-refundable application
fee. The amount of the fee shall be as designated in the Master Fee Schedule adopted by the City
Council.
(f) Upon receipt of a complete 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 submitted an incomplete
application or completed the application improperly, the Police Chief shall promptly notify the
applicant of such fact and grant the applicant an extension of time of not more than ten (10) days
to complete the application properly. In addition, the applicant may request an extension, not to
exceed ten (10) days, of the time for the Police Chief to act on the application. 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.
SEC. 10.60.050. INVESTIGATION AND ACTION ON APPLICATION.
(a) Within fifteen (15) days after receipt of the properly completed application, the
Police Chief shall grant or deny the application and so notify the applicant and employer as
follows:
The Police Chief shall write or stamp "Granted" or "Denied" on
the application and date and sign such notation.
19
(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 an Adult-Oriented Business Performer Permit and shall
notify the Adult-Oriented Business operator(s) of said grant.
(4)
The application as granted or denied and the Permit, 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 Permit 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 grants the application or if the Police Chief neither grants nor
denies the application within fifteen (15) days after it is stamped as received and complete
(except as provided in Section 10.60.045(g)), the applicant may begin performing in the capacity
for which the permit was sought, subject to the provisions of this Chapter.
(d) The Police Chief shall deny the application for any of the following reasons:
(1)
The applicant has knowingly made any false, misleading,
incomplete, or fraudulent statement of a material fact in the
application for a Permit or in any report or document required to be
filed with the application;
(2) The applicant is under eighteen (18) years of age;
(3)
The Adult-Oriented Business Performer Permit 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 Section 10.60.045(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 Permit may be issued to any person convicted of the described
crimes if the conviction occurred more than five (5) years prior to
the date of the application.
(6)
The Adult-Oriented Businesses listed by the applicant pursuant to
Section 10.60.045(d)(11) do not hold valid Adult-Oriented
20
Business Regulatory Permits or the businesses are operating
pursuant to Section 10.60.030.
SECTION 10.60.053. TERM OF PERMIT.
(a) Each Adult-Oriented Business Performer Permit shall expire one (1) 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 Permit to be renewed. The
request for renewal shall be made at least thirty (30) days before the expiration date of the
Permit. When made less than thirty (30) days before the expiration date, the expiration of the
Permit will not be stayed. Applications for renewal shall be acted on as provided herein for
application for Permits. No renewal shall be granted if the Permit has been previously revoked,
suspended, or if action is pending that may result in the Permit being revoked or suspended. In
the event that the Police Chief neither grants or denies the application for a Permit, the applicant
shall be deemed to have been granted a Permit on the sixteenth (16th) day following the
submission of a completed application and shall be required to renew this Permit in conformance
with this Section.
SEC. 10.60.055. SUSPENSION OR REVOCATION OF ADULT-ORIENTED
BUSINESS REGULATORY PERMITS AND ADULT-ORIENTED BUSINESS PERFORMER
PERMITS.
An Adult-Oriented Business Regulatory Permit or Adult-Oriented Business Performer
Permit may be suspended or revoked in accordance with the procedures and standards of this
Section.
(a) On determining that grounds for Permit revocation or suspension exist, the Police
Chief shall furnish written notice of the proposed suspension or revocation to the Permittee. 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, by certified mail, return receipt requested, postage
prepaid, addressed to the last known address of the Permittee, or shall be delivered to the
Permittee personally, at least ten (10) 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 a 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 in accordance with Section 10.60.060.
21
(b) A Permittee may be subject to suspension or revocation of an Adult-Oriented
Business Regulatory Permit, or be subject to other appropriate disciplinary action, arising from
the acts or omissions of the Permittee, or an employee, agent, partner, director, stockholder, or
manager of an Adult-Oriented Business and a Permittee may be subject to suspension or
revocation of an Adult-Oriented Business Performer Permit or be subject to other appropriate
disciplinary action arising from the acts or omissions of the Permittee for any of the following
causes:
(1)
The Permittee has knowingly made any false, misleading,
incomplete or fraudulent statement of material facts in the
application for a Permit, or in any report or record required to be
filed with the City.
(2)
The Permittee, employee, agent, partner, director, stockholder, or
manager of an Adult-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 Adult-
Oriented Business, or in the case of an Adult-Oriented Business
Performer, the permittee has engaged in one of the activities
described below while on the premises of an Adult-Oriented
Business:
(i) Any specified sexual activity.
(ii)
Use of the establishment as a place where
unlawful solicitations for sexual intercourse,
sodomy, oral copulation, or masturbation
occur.
(iii)
Any conduct constituting a criminal offense
which requires registration under Section
290 of the California Penal Code or Section
11590 of California Health & Safety Code.
(iv)
The occurrence of acts of lewdness,
assignation, solicitation, or prostitution,
including any conduct constituting
violations of Sections 315, 316, or 318 or
Subdivision (b) of Section 647 of the
Califomia Penal Code.
(v)
Any act constituting a violation of
provisions in the California Penal Code
relating to obscene matter or obscene live
22
conduct or distribution of harmful matter to
minors, including but not limited to Sections
311 through 313.4.
(vi) Any conduct prohibited by this Chapter.
(3)
Failure to abide by a 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)
Amendment of the conditions of the Adult-Oriented Business
Regulatory Permit pursuant to Section 10.60.065(m).
(3)
Suspension of the Permit for a specified period not to exceed six
months;
(4) Revocation of the Permit.
SEC. 10.60.060. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION.
After denial of an application for an Adult-Oriented Business Regulatory Permit or an
Adult-Oriented Business Performer Permit, or after denial of renewal of a Permit, or suspension
or revocation of a Permit, the applicant or person to whom the Permit was granted may appeal
through the following procedures:
(a) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the Police Chief to deny, suspend, or revoke the permit
is contested, within ten (10) calendar days after service of the notice of the written decision, by
deposit of the notice, addressed to the Police Chief, by certified mail and/or by hand delivery. At
the time of submitting the written request for an appeal hearing, the appellant shall pay an appeal
hearing fee, set forth in the City's Master Fee Schedule, to help defray in part the additional cost
to the City. If the applicant or person to whom the permit was granted does not request an appeal
hearing within the ten (10) day period, no further notice is required and the action will become
final.
(b) An appeal heating shall be conducted according to the provisions of Chapter 1.28
of this Code.
(c) All appeals shall be to the City Manager whose decision shall be final.
23
(d) The decision of the City Manager shall inform the applicant of the right to a
prompt judicial review pursuant to Section 1094.8 of the California Code of Civil Procedure and
that any judicial action appealing the City Manager's decision shall be commenced within twenty
(20) calendar days of the date of the service of the decision.
SEC. 10.60.065. ADULT-ORIENTED BUSINESS DEVELOPMENT AND
PERFORMANCE STANDARDS.
(a) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the Fire Department and building regulations and
standards adopted by the City of South San Francisco.
(b) No Adult-Oriented Business shall be operated in any manner that permits the
observation of any material or activities depicting, describing or relating to specified sexual
activities specified anatomical areas or semi-nude live performances 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. No exterior door or window on
the premises shall be propped or kept open at any time while the business is open, and any
exterior windows shall be covered with opaque covering at all times. All signs advertising an
Adult-Oriented Business shall conform to the requirements of Chapter 20.76 of the Zoning Code.
(c) All off-street parking areas utilized by the Adult-Oriented Business and premise
entries and grounds of the Adult-Oriented Business utilized by patrons of said business shall be
illuminated during all hours of diminished lighting operation with a lighting system which
provides a minimum maintained at ground level horizontal illumination of one (1) to two (2) foot
candle of light on the parking surface and/or walkways. The required lighting level is established
in order to provide sufficient illumination of the parking areas and walkways serving the Adult-
Oriented Business for the personal safety of patrons and employees and to reduce the incidence
of vandalism and criminal conduct. The lighting shall be shown on the required sketch or
diagram of the premises and shall include the photometric and distribution data attesting to the
required illumination level.
(d) The Adult-Oriented Business shall comply with all the noise regulations contained
in Chapter 8.32 of this Code.
(e) An Adult-Oriented Business shall be operated for the Adult-Oriented aspects of
the business only between the hours of 8:00 a.m. and 12:00 p.m. on any particular day
notwithstanding that said business is permitted to operate different hours as a Bar.
(f) The building entrance to an Adult-Oriented Business shall be clearly and legibly
posted with a notice indicating that persons under eighteen (18) years of age are precluded from
entering the premises. Said notice shall be constructed and posted to the satisfaction of the Police
Chief.
(g) All indoor areas of the Adult-Oriented Business within which patrons are
24
permitted, except restrooms, shall be open to view by the management at all times.
(h) Any Adult-Oriented Business which is also an Adult arcade as that term is
defined in Section 20.101.020(d)(1), shall comply with the following provisions:
(1)
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 restrooms. If the premises has two or more
manager 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 stations.
The view required in this subsection must be direct line of sight
from the managers station.
(2)
The view area specified in subsection (1) shall remain unobstructed
by any door, walls, 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.
(3)
No viewing room, cubicle, or booth may be occupied by more than
one person at any one time.
(4)
The walls or partitions between viewing rooms or booths 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 into
another or such as to allow physical contact of any kind between
the occupants of any two such booths or rooms.
(5)
Customers, patrons or visitors shall not be allowed to loiter in the
vicinity of any such video booths, or from remaining in the
common area of such business, other than the restrooms, 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 video
booths.
25
(6)
The floors, seats, walls and other interior portions of all video
booths shall be maintained clean and free from waste and bodily
secretions. Presence of human excrement, urine, semen or saliva in
any such booths shall be evidence of improper maintenance and
inadequate sanitary controls; repeated instances of such conditions
may justify suspension or revocation of the owner and operators
license to conduct the Adult-Oriented Business.
(i) All areas of the Adult-Oriented Business shall be illuminated at a minimum of the
following foot-candles, minimally maintained and evenly distributed at floor level:
Area Foot-Candles
Bookstores and other retail
establishments
20
Theaters and cabarets
5 (except during
performances, at which
times lighting shall be at
least 1.25 foot-candles)
Arcades 10
Motels/Hotels
20 (in public areas)
Modeling studios and sexual
encounter establishments
10
(j) The Adult-Oriented Business shall provide and maintain separate restroom
facilities for male patrons and employees, and female patrons and employees. Male patrons and
employees shall be prohibited from using the restroom(s) for females, and female patrons and
employees shall be prohibited from using the restroom(s) for males, except to carry out duties of
repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any
adult material. Restrooms shall not contain television monitors or other motion picture or video
projection, recording, reproduction equipment or DVD equipment. This section shall not be
construed to require an Adult-Oriented Business to provide restrooms to its patrons or the general
public
(k) The following additional requirements shall pertain to Adult-Oriented Businesses
providing live entertainment subject to this Chapter:
(1)
No person shall perform live entertainment for patrons of an Adult-
Oriented Business except upon a stage at least eighteen (18) inches
above the level of the floor which is separated by a distance of at
least ten (10) feet from the nearest area occupied by patrons, and
26
(2)
(3)
(4)
(5)
(6)
(7)
(8)
no patron shall be permitted within ten (10) feet of the stage while
the stage is occupied by an entertainer. "Entertainer" shall mean
any person who is an employee or independent contractor of the
Adult-Oriented Business, or any person who, with or without any
compensation or other form of consideration, perform live
entertainment for patrons of an Adult-Oriented Business and who
possess a valid Adult-Oriented Business Performer Permit.
The Adult-Oriented Business shall provide separate dressing room
facilities for entertainers which are exclusively dedicated to the
entertainers' use. The Adult-Oriented Business shall further
provide separate dressing room facilities for its male and female
entertainers.
The Adult-Oriented Business shall provide an entrance/exit for
entertainers which is separate from the entrance/exit used by
patrons.
The Adult-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 Adult-Oriented Business shall provide a minimum (3)
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.
No 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. This subsection shall only apply
to physical contact on the premises of the Adult-Oriented Business.
For purposes of this Section, "premises" shall also include any off-
street parking area used by the Adult-Oriented Business.
Fixed rail(s) at least thirty (30) inches in height shall be maintained
establishing the separations between entertainers and patrons
required by this subsection.
No patron shall directly pay or give any gratuity to any entertainer
and no entertainer shall solicit any pay or gratuity from any patron.
No owner or other person with managerial control over an Adult-
Oriented Business shall permit any person on the premises of the
Adult-Oriented Business to engage in, nor shall any entertainer
27
engage in, a live showing of specified anatomical areas or specified
sexual activities.
(9)
No owner or other person with managerial control over an Adult-
Oriented Business shall permit said business to be closed for
private parties or events that are not open generally to those
persons over eighteen (18) years of age.
(1) Adult-Oriented Businesses shall employ uniformed security guards in order to
maintain the public peace and safety, based upon the following standards:
(1)
Adult-Oriented Businesses featuring live entertainment, shall
provide at least one (1) security guard at all times while the
business is open. If the occupancy limit of the premises is greater
than thirty-five (35) persons, an additional security guard shall be
on duty.
(2)
Security guards for other Adult-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 Section
10.60.045(d)(5) from occurring on the premises.
(3)
Security guard(s) shall be charged with preventing violations of
law and enforcing compliance by patrons of the requirements of
these regulations as well as controlling behavior and reporting all
criminal offenses to the Police Department. 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 as a security
guard as required by applicable provisions of the State and the City
of South San Francisco. 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. The Police Chief reserves the fight to
determine the number of guards and may require that the number
of guards be increased as necessary.
(m) No Adult-Oriented Business shall engage in or permit to occur on the premises
any Outcall activity and no Adult-Oriented Performer shall engage in Outcall activity within the
City of South San Francisco.
(n) The foregoing applicable requirements of this Section shall be deemed conditions
of Adult-Oriented Business Regulatory Permit approvals, and failure to comply with every such
requirement shall be grounds for suspension or revocation of the Permit issued pursuant to this
Chapter. These conditions may be amended by the Police Chief pursuant to Section
10.60.055(d)(2).
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SEC. 10.60.070. REGISTER OF PERMIT NUMBERS OF EMPLOYEES.
(a) Every permittee of an Adult-Oriented Business that provides live entertainment
subject to this Chapter must maintain a register of all persons so performing on the premises and
their permit numbers. Such register shall be available for inspection during regular business
hours by any employee of the City of South San Francisco.
SEC. 10.60.075. DISPLAY OF IDENTIFICATION CARDS.
(a) The Police Chief shall provide each Adult-Oriented Business Performer required
to have a Permit pursuant to the chapter, with an identification card containing the name, address,
photograph and permit number of such performer.
(b) An Adult-Oriented Business Performer shall have such card available for
inspection at all times during which such person is on the premises of the Adult-Oriented
Business.
SEC. 10.60.080. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED.
(a) It shall be unlawful for any permittee, operator, or other person in charge of any
Adult-Oriented Business to employ, or provide any service for which it requires such permit, to
any person who is not at least eighteen (18) years of age.
(b) It shall be unlawful for any permittee, operator or other person in charge of any
Adult-Oriented Business to permit to enter, or remain within the Adult-Oriented Business, any
person who is not at least eighteen (18) years of age.
SEC. 10.60.085. INSPECTION.
An applicant or Permittee shall permit representatives of any City Department or County
Agency to inspect the premises of an Adult-Oriented Business for the purpose of insuring
compliance with the law applicable to Adult-Oriented Businesses, at any time it is occupied or
opened for business. A person who operates an Adult-Oriented Business or his or her agent or
employee is in violation of the provision 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.
SEC. 10.60.090. REGULATIONS NONEXCLUSIVE.
The provisions of this Chapter regulating Adult-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 Council of the City of
South San Francisco.
SEC. 10.60.095. EMPLOYMENT OF PERSONS WITHOUT PERMITS UNLAWFUL.
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It shall be unl0wful for any owner, operator, manager, or permittee in charge of or in
control of an Adult-Oriented Business which provides live entertainment subject to this Chapter
to allow any person to perform such entertainment who is not in possession of a valid,
unsuspended or unrevoked Adult-Oriented Business Performer Permit or to allow any person to
engage in live semi-nude performances, activities depicting specified sexual activities, or
exposure of specified anatomical areas.
SEC. 10.60.100. INTERPRETATION OF THIS CHAPTER.
If ambiguity arises concerning the content or application of this Chapter, it shall be the
duty of the Police Chief to ascertain all pertinent facts and interpret this Chapter. An
interpretation by the Police Chief may be appealed to the City Manager in accordance with
Chapter 1.28 of the Municipal Code. The City Manager's interpretation shall be considered
final.
SEC. 10.60.110. OTHER PROVISIONS.
The provisions of this Chapter shall be in addition to those provisions of Chapter 20.101
of this Code.@
SECTION 4. SEVERABII JTY.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this
ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this chapter or any part thereof. The City Council hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or
phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
SECTION 5. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Govemment Code Section 36933, a Summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk=s Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and
after its adoption.
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The above and foregoing Ordinance was regularly introduced and after the waiting time
required by law, was thereafter passed and adopted at a regular meeting of the City Council of
South San Francisco held on the 9th day of August ,2000, by the following vote.
AYES:
Councilmembers Pedro Gonzalez, Eugene R. Mullin and John R. Penna, Mayor
Pro Tem Joseph A. Femekes and Mayor Karyl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
C~ Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 9th day of August, 2000.
PCW/edwApri124, 2000
J:\WPD~mrswXA05'O01 \ORDk2000~lunekM)ultbuz.doc
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