(a) No adult entertainment business shall be operated in a manner that permits the observation, from public rights-of-way or locations outside the establishment, of either: (i) adult entertainment material; (ii) adult entertainment merchandise; (iii) specified sexual activities; (iv) specified anatomical areas; or (v) any semi-nude person. This provision shall apply to any display, decoration, sign, show window or other opening.
(b) Exterior doors and windows of the adult entertainment business shall not be propped or kept open at any time while the business is open.
(c) Exterior windows of the adult entertainment business shall be covered with opaque covering at all times.
(d) Patrons shall not be permitted access to any area of the adult entertainment business that has been designated as an area in which patrons will not be permitted.
(e) No person under the age of eighteen years shall be permitted within the adult entertainment business at any time.
(f) The adult entertainment business shall maintain a security system for parking surfaces serving the business in accordance with the following standards:
(1) Businesses served by on-site parking surfaces shall maintain a security system that visually monitors and records such parking surfaces.
(2) Businesses served by off-site parking surfaces shall maintain either (i) a security system that visually monitors and records such parking surfaces or (ii) at least one security guard charged with monitoring such parking surfaces at all times while the business is open; provided, however, that this subparagraph shall not apply to any business served by offsite parking surfaces that is accessed exclusively by valet parking.
(g) Security guards shall be employed in accordance with the following standards:
(1) One security guard shall be on duty at all times while the business is open; provided, however, that an additional security guard shall be on duty if the occupancy limit of the premises is greater than thirty persons.
(2) The security guard(s) 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 by applicable provisions of state law.
(3) The security guard(s) shall be charged with preventing violations of law, enforcing patron compliance with the requirements of this chapter or permit conditions, and with notifying the Los Angeles County sheriff’s department of any violations of law observed.
(4) No security guard required pursuant to this paragraph 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.
(h) No adult entertainment business shall operate between the hours of twelve midnight and eight a.m. on any day, except that this provision does not apply to businesses also regulated by the California Department of Alcoholic Beverage Control.
(i) The exterior grounds of the premises of the adult entertainment business shall be free from all adult entertainment material and adult entertainment merchandise.
(j) The floors, seats, walls and other interior areas of the premises shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any viewing rooms or booths shall be evidence of improper maintenance and inadequate sanitary controls. Repeated instances of such conditions may justify suspension or revocation of the adult entertainment business regulatory permit.
(k) All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be maintained in a clean and orderly manner at all times.
(l) An adult entertainment business shall not conduct or sponsor any activities which create a demand for parking beyond the number of parking spaces required by Title 10 of this code for the applicable zoning district where the adult business is to be located.
(m) Any business license required pursuant to Chapter 5.04 of this code shall be kept current at all times.
(n) An adult entertainment business shall conform to all applicable laws and regulations.
(o) An adult entertainment business shall not provide any massage services (as defined in Chapter 5.36 of this code) , acupuncture or tattooing nor shall it provide any escort (as defined in Chapter 5.26 of this code).
(p) Adult arcades shall comply with the following additional requirements:
(1) No viewing room or video booth may be occupied by more than one person at any one time.
(2) At least one employee shall be on-duty and stationed at each manager’s station at all times that a patron is present inside the premises.
(3) Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any viewing rooms or 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 viewing rooms or booths.
(4) The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times. The walls or partitions between viewing rooms or booths shall not contain holes between any two such rooms or booths such as would allow either: (i) viewing from one room or booth into another; or (ii) physical contact of any kind between the occupants of any two such rooms or booths. The permittee, owner, operator or other person in charge of the adult arcade shall, during each business day, regularly inspect the walls between the viewing rooms or booths to determine if any openings or holes exist.
(5) No person shall make or attempt to make an opening of any kind between viewing rooms or booths.
(q) Adult cabarets and adult theaters shall comply with the following additional requirements:
(1) No entertainer shall perform except upon a stage that is both: (i) at least eighteen inches above the level of the floor; and (ii) separated by a distance of at least ten feet from the nearest area occupied by patrons.
(2) No patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer nor shall a patron be permitted within ten feet of any person dancing for any form of consideration.
(3) No entertainer shall have physical contact with a patron before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.
(4) No patron shall have physical contact with an entertainer before, during or after performances. This subparagraph shall only apply to physical contact on the premises of the business.
(5) No patron shall directly pay or give any gratuity to an entertainer in conjunction with a performance. For purposes of this provision, “directly pay or give” means the placement of a gratuity by a patron on any portion of an entertainer’s person or clothing.
(6) No entertainer shall solicit any gratuity from a patron.
(7) No entertainer shall appear in a state of nudity or depict specified sexual activities.
(r) Adult model studios shall comply with the following additional requirements:
(1) An adult model studio shall not employ any person under the age of eighteen years.
(2) A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a model studio. It is a defense to prosecution under this subsection if the person under eighteen years was in a restroom not open to public view or visible to any other person.
(3) A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity at an adult model studio.
(4) An adult model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(s) Adult motels shall comply with the following additional requirements:
(1) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this title.
(2) A person commits a misdemeanor if he or she, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have an adult entertainment regulatory permit, rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, rents or subrents the same sleeping room again.
(3) For purposes of subsection (2) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(t) Adult motion picture theaters shall comply with the following additional requirements:
(1) Remodeling or Enlargement of Theater. Any motion picture theater that has been closed for a continuous period of thirty days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public without first having an inspection by, and the written permission of, the building and safety division of the city of La Puente, the health department and the Los Angeles County fire department.
Upon application by the permittee, the building and safety division shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued. In the event the public safety devices, appurtenances, exits, or stairways are not in a secure and safe condition, they shall be put into such condition before any motion picture is exhibited and before the building is opened to the public. The building and safety division shall have the right to close any theater building when any permittee or owner refuses to comply with the provisions hereof, and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with.
(2) Smoking in Motion Picture Theaters. Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where motion pictures are exhibited.
(3) Fire Extinguishers Required. In addition to the fire extinguishing equipment required in all occupancies, as defined by the building codes of the city, there shall be installed not less than two Class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards, there shall be maintained not less than two Class C fire extinguishers as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Los Angeles fire department may order.
(4) Rewinding Film in Closed Cabinet. All rewinding of film shall be done in an enclosed cabinet of a type approved by the Los Angeles County fire department. All film, records, and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use.
(5) Smoking or Open Flame in Booth Prohibited. No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth.
(6) Automatically Operated Safety Devices—Testing. The Building and Safety Division may require that all automatically operated safety devices be tested not less than once every thirty days to determine that they are in proper working condition.
(7) Projection Rooms and Booths.
(A) No unauthorized person shall be allowed inside any motion picture machine booth when it is being used for the projection of motion pictures.
(B) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the Uniform Building Code as adopted and amended by the city.
(8) Hazardous Conditions. It is unlawful to admit or allow the admission of the public to a theater after receiving notice or obtaining knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety, or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures, unsanitary conditions, damaged or defective seats, defects in or damage to the floor, floor covering or carpeting, obstructions in aisles, and insufficient illumination or inoperative light bulbs.
(Ord. 788 § 3 (part), 1999)