.010 Permit Required. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any sex-oriented business within the City of Anaheim, unless the owner of said business first obtains, and continues to maintain in full force and effect, both a sex-oriented business permit and a business license from the City of Anaheim for such business.
.020 Persons Eligible. The owner of the proposed sex-oriented business, as defined in Section 18.54.020, shall be the only person eligible to obtain a sex-oriented business permit.
.030 Application Requirements. The following information and items shall be submitted to the Planning Director by the owner at the time of applying for a sex-oriented business permit:
.0301 A completed sex-oriented business permit application form, signed by the owner of the proposed sex-oriented business, certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the best of his or her information and belief.
.0302 A non-refundable deposit or processing fee in the amount set by ordinance or resolution of the City Council.
.0303 A letter describing the proposed business, and explaining how it will satisfy the applicable requirements set forth in subsection .050 of Section 18.54.030 of this chapter.
.0304 A site plan designating the building and/or unit proposed for the sex-oriented business, and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter.
.0305 All further information required upon the form of an application for a sex-oriented business permit provided by the Planning Director, as the same may be amended from time to time by the Planning Director.
.040 Processing of Application.
.0401 Within five (5) business days following the receipt of an application pursuant to this section, the Planning Director shall determine whether said application contains all information required by the provisions of this chapter. If it is determined that said application is not complete, the owner (as defined in Section 18.54.020) shall be notified in writing within said five (5) day period that such application is not complete, and the reasons therefor, including any additional information necessary to render the application complete. The owner shall be permitted to submit an amended application or provide all necessary information to render the application complete. Within five (5) business days following the receipt of any such amended application or supplemental information, the Planning Director shall again determine whether said application is complete in accordance with the procedures set forth in this subsection. Upon a determination that said application is complete, either upon its initial submittal or upon receipt of any amended application or supplemental information, the owner shall be notified in writing by the Planning Director that the application is complete. All notices required by this subsection shall be deemed given upon the date of either: (i) deposit of such notice in the course of transmission with the United State Postal Service, first class mail, postage prepaid, and addressed to the owner; or (ii) personal service of such notice upon the owner. Upon determination that the application is complete, the Planning Director shall immediately transmit such completed application to the City Hearing Officer appointed pursuant to the provisions of 1.12.100 (hereinafter the "Hearing Officer") for processing in accordance with paragraphs .0402 through .0405, inclusive, of this subsection .040.
.0402 The Hearing Officer shall conduct a public hearing upon said completed application. Notice of said public hearing shall be given in the manner provided for conditional use permits, as set forth in Chapter 18.60 (Procedures) of this Code, except that said public hearing shall be held within forty-five (45) calendar days following the date said application was deemed complete pursuant to paragraph .0401 above, unless the owner, or the owner's authorized representative, expressly agrees to an extension of such period of time. Notice of the time and place of the hearing shall be given to the applicant at least fifteen (15) calendar days in advance of the date set for the public hearing. Said public hearing shall be completed by the Hearing Officer on the same date on which it is scheduled and held, unless continuance of said public hearing is expressly approved by the owner, or the owner's authorized representative, at or prior to the scheduled date of said public hearing.
.0403 Within ten (10) calendar days following the completion of the public hearing specified in paragraph .0402 above, the Hearing Officer shall approve such application, if it is determined that the requirements of this chapter have been met, and if the application and evidence submitted show that the proposed sex-oriented business complies with the requirements of subsection 18.54.030.050 as hereinafter set forth; otherwise the application shall be denied. The Hearing Officer shall impose conditions upon such approval to assure compliance with the requirements of this chapter. In the event of denial of the application, the Hearing Officer shall specify in writing the grounds upon which the application is denied. Notice of the decision of the Hearing Officer shall be given in writing to the owner, and to any other person or entity expressly requesting notice thereof, in the same manner as provided for the giving of notices in paragraph .0401 above. The decision of the Hearing Officer shall also be immediately transmitted to the Planning Director for issuance or denial of the permit. The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary.
.0404 Immediately upon receipt of a decision by the Hearing Officer approving or conditionally approving such application, the Planning Director shall issue the sex-oriented business permit to the owner. Such permit shall be deemed subject to any conditions of approval imposed by the Hearing Officer pursuant to paragraph .0403, above.
.0405 For purposes of any public hearing required pursuant to this chapter, the term "Hearing Officer" shall be deemed to refer to the City Hearing Officer.
.0406 Notwithstanding anything herein to the contrary, when required, prompt judicial review shall be afforded, as provided by subsection 18.90.090.020 (Prompt Judicial Review) of Chapter 18.90 (General Provisions) this Code.
.050 Requirements for Sex-Oriented Businesses. It shall be unlawful for any person or entity to own, operate or conduct any sex-oriented business, or for any person to engage or participate in any specified sexual activities or display or expose any specified anatomical parts, except in compliance with the requirements of this subsection .050 as hereinafter set forth. Notwithstanding the following requirements for location of a sex-oriented business: (i) any site for which a sex-oriented business permit has been issued by the City, which use has not been abandoned or discontinued for a continuous period of one hundred and eighty (180) days; or (ii) any site legally available as a potential location for a sex-oriented business as of October 28, 2003, shall remain available for such a business, even if the site would otherwise be disqualified by commencement of a new use subsequent to that date, other than a site which is disqualified by the legal establishment of a sex-oriented business.
.0501 The sex-oriented business shall be located in a zone permitting the proposed use, provided the premises shall be located outside the boundaries of any redevelopment area established by ordinance of the City of Anaheim.
.0502 The sex-oriented business shall not be located within four hundred (400) feet of any residential zone or residential use, whether such residential zone or use is within or outside the corporate boundaries of the City of Anaheim.
.0503 The sex-oriented business shall not be located within one thousand (1,000) feet of any lot upon which there is located any religious institution, public park, any public or private elementary, secondary, middle, junior high, or high school, whether such use is within or outside the corporate boundaries of the City of Anaheim.
.0504 The sex-oriented business shall not be located:
.01 South of Crescent Avenue if located west of Gilbert Street; or south of La Palm Avenue if located east of Gilbert Street; or
.02 East of Jefferson Street.
.0505 Not more than two (2) sex-oriented businesses shall be located within any circular area having a radius of two thousand five hundred (2,500) feet. Further, such businesses shall be located either: (i) in contiguous building units sharing at least one common wall with another sex-oriented business; or (ii) upon contiguous parcels of property, each of which parcels is exclusively devoted to use as a sex-oriented business; or (iii) at least one thousand (1,000) feet from any other sex-oriented business.
.0506 For the purposes of this subsection .050, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where said sex-oriented business is conducted to:
(i) the nearest property line of any lot zoned or used for residential uses other than a residential lot under resolution of intent to any non-residential zone; or (ii) the nearest property line of any lot upon which is located a religious institution, public park or school; or (iii) the nearest point of the premises of any other sex-oriented business. The word "Premises," for purposes of this Section 18.54.030, shall mean the building (if the sex-oriented business occupies the entire building), or separate portion of any building, used for a sex-oriented business.
.0507 The sex-oriented business shall be conducted wholly within a building and shall not be located, in whole or in part, within any portable structure.
.0508 At all times that the sex-oriented business is open to the public, there must be present and available on the premises a person who is the on-duty manager or on-duty acting manager of the business responsible for operation of the business, who shall be so identified as the on-duty manager or on duty acting manager by a badge bearing the word "MANAGER" in block capital letters not less than 1/4" in height, worn in a conspicuous and clearly visible location on the chest, and who shall have on his or her person a valid, unrevoked sex-oriented business employee identification card issued pursuant to the provisions of Section 18.54.035.
.0509 The sex-oriented business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services, and shall not allow such activities on the premises.
.0510 Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or services supplied on the premises, shall conform to the following requirements:
.01 At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this chapter. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public. All security guards shall be licensed under the California State Private Security Services Act, Business and Professions Code Section 7580, et seq. No security guard required pursuant to this subparagraph shall act as a doorperson, ticket seller, ticket taker or admittance person, while acting as a security guard hereunder.
.02 Landscaping shall conform to the standards established for the zone, except that, if the sex-oriented business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.
.03 The entire exterior grounds, including the parking lot, shall be lighted sufficiently to permit the security personnel to observe activity on the grounds and within automobiles.
.04 The premises within which the sex-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall complies with the requirements of Section 6.70.010 of Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code.
.05 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.
.06 For each door used as an entrance/exit to the business, permanent barriers shall be installed and maintained to screen the interior of the premises from public view.
.07 All interior areas accessible to patrons shall be illuminated to the level established by resolution of the City Council for the type of use, based upon recommended standards established by the Illuminating Engineering Society of North America, a recognized technical authority on illumination, but in no event less than ten foot-candles, minimally maintained and evenly distributed at ground level.
.08 It shall be the duty of the owner(s), and it shall also be the duty of all employees present on the premises, to insure that the illumination described above is maintained at all times that any patron is present on the premises.
.0511 All indoor areas of the sex-oriented business accessible to the public within which patrons are permitted, except restrooms, shall be open to public view at all times. "Accessible to the Public" shall include, but not be limited to, those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization.
.0512 Except as specifically provided in this chapter, the sex-oriented business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located.
.0513 No sex-oriented material or sex-oriented merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business.
.0514 No person under the age of eighteen (18) years shall be permitted within the premises at any time.
.0515 The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.
.0516 The sex-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 all sex-oriented materials and sex-oriented merchandise. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph .0516 shall not be applicable to a sex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sex-oriented bookstore, and which does not provide restroom facilities to its patrons or the general public.
.0517 The location, configuration, size and appearance of the premises and the structure thereon, and the floor plan layout of the interior of the structure, including, if the sex-oriented business provides live entertainment, the seating arrangement therein, shall be as shown on the site plan and floor plans approved in connection with approval of the sex-oriented business permit. No modification of said site plan and/or floor plans, including alteration in the configuration or location of a manager's station(s), which would interfere with enforcement of this chapter, or obstruct the view of areas accessible to the public, shall be made unless the owner first obtains a modification of the sex-oriented business permit, in accordance with the procedures for obtaining a sex-oriented business permit set forth in this Section 18.54.030. No modification of said site plan and/or floor plans which would result in a violation of the provisions of this chapter shall be permitted.
.0518 "Individual Viewing Area" shall mean a viewing area designed for occupancy by one person. Individual viewing areas of the sex-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more individual viewing areas.
.0519 The following additional regulations shall pertain to sex-oriented businesses which provide more than one viewing area:
.01 Upon application for a sex-oriented business permit, the application shall be accompanied by a diagram of the premises, showing a plan thereof, specifying the location of one or more manager's stations and the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area, with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the sex-oriented business permit and City business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object, and shall be drawn to a designated scale, with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches.
.02 It is the duty of the owner(s) to insure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
.03 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 (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
.04 It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subparagraph .05 remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times, and to insure that no patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph .01 of this paragraph .0519.
.05 No individual viewing area may be occupied by more than one (1) person at any one time.
.0520 The following additional requirements shall pertain to sex-oriented businesses providing live entertainment revealing or depicting specified anatomical parts or involving specified sexual activities:
.01 No person shall perform, and no owner, operator, or manager of a sex-oriented business shall permit, live entertainment revealing or depicting specified anatomical parts or engaging in specified sexual activities for patrons of a sex-oriented business except where:
(a) Performed upon a stage located at least eighteen (18) inches above the level of the floor; and
(b) A distance of at least six (6) feet, measured horizontally, is maintained between the nearest area occupied by patrons and the portion of the stage occupied by an entertainer, at all times during which such entertainer is revealing or depicting specified anatomical parts or engaging in specified sexual activities.
(c) Notwithstanding any other provision of this chapter, any sex-oriented business lawfully in existence and providing live entertainment revealing or depicting specified anatomical parts upon a stage prior to July 20, 1993 (the "Legal Nonconforming Business"), which stage and the patron seating area therefor have been lawfully in existence, without material modification thereto, since prior to October 5, 1993 (the "Preexisting Stage and Seating Area"), and which "Preexisting Stage and Seating Area," or any portion thereof, must be reconstructed, reconfigured or modified to conform to the requirements of this subparagraph .01 (the "Required Remodeling"), and which “Required Remodeling” necessarily results in the reduction of usable patron seating area and the number of seats having a view of the stage, may reconfigure the usable patron seating area, by the addition thereto of a replacement area and replacement number of patron seats not greater than the size of the area and number of patron seats lost as a result of the “Required Remodeling.” Nothing contained herein shall authorize an increase in the total available square footage of patron seating area, or an increase in the total available number of patron seats having a view of the stage, above the respective amounts which lawfully existed prior to the required remodeling.
.02 The sex-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
.03 The sex-oriented business shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.
.04 No patron, guest or invitee shall directly pay or give any gratuity to any entertainer who engages in any specified sexual activities or displays any specified anatomical parts in a sex-oriented business, and no such entertainer shall directly accept any pay or gratuity from any patron, guest or invitee of the sex-oriented business.
.05 No entertainer shall have physical contact with any patron, and no patron shall have physical contact with any entertainer, while on the premises, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region or female breast, with any part or area of such other person's body either before, during or after performances by such entertainer.
.06 No waiter, waitress, entertainer or other person employed on the premises as an employee or as an independent contractor shall violate the provisions of Section 7.16.060 (Public Nudity–Prohibited) of Title 7 (Morals and Conduct) of the Anaheim Municipal Code while on the premises.
.07 Fixed rail(s) at least thirty (30) inches in height shall be maintained, establishing the separations between entertainers and patrons required by this paragraph .0520.
.08 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's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
.09 It shall be the duty of the owner(s), and it shall also be the duty of all employees present on the premises, to insure that the view area specified in subsection .08 remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times, and to insure that no patron is permitted access to any area of the premises, which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 18.54.030.030.
.10 No entertainer shall be permitted to perform, unless the entertainer has readily available on the premises a valid sex-oriented business employee identification card, as required by Section 18.54.035.
.11 The owner shall keep on the premises available for inspection a copy of each entertainer's, and of each manager and/or acting manager's sex-oriented business employee identification card.
.0521 Signage shall conform to the standards applicable to the zone, except that such signs: (i) shall contain no sign copy other than the business name and the street address, and the notice required by subsection 18.54.040.010 on the entrance door to the premises; (ii) shall contain no flashing lights; and (iii) shall contain no photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, which depict the human body or anatomy, or any portion thereof, whether clothed or unclothed, including without limitation representations that depict specified anatomical parts or specified sexual activities. No banners or other temporary signs shall be placed anywhere upon or within the premises in such manner as to be visible from any location other than within the premises occupied by the sex-oriented business.
.0522 The foregoing applicable requirements of this subsection .050 shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for: (i) revocation of the sex-oriented business permit issued pursuant to this chapter; and/or (ii) enforcement pursuant to Section 18.54.100 of the Anaheim Municipal Code, regardless of whether such business, person or entity has been issued a sex-oriented business permit.
.0523 Submitting false or misleading information on the application shall constitute grounds for denial or revocation of the sex-oriented business permit. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 74, 74; June 5, 2012: Ord. 6382 § 19; October 18, 2016.)