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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT BUSINESS OPERATOR. 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 entertainment business or the conduct or activities occurring on the premises thereof.
ADULT ENTERTAINMENT BUSINESSES. Any one of the following.
1. ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
2. ADULT BOOKSTORE. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, videocassettes, slides, tapes, records or other form of visual or audio representations which are characterized or distinguished by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
3. ADULT CABARET. A nightclub, restaurant or similar business establishment which regularly features live performance, 30% or more of the number of which are characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities, or films, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
4. ADULT HOTEL/MOTEL. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
(a) Provides patrons with closed circuit television transmission, film, computer generated images, motion pictures, videocassettes, slides or other photographic reproductions, 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
(b) Rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
5. ADULT MOTION PICTURE THEATER. A business establishment where for any form of consideration, films, computer generated images, motion pictures, videocassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
6. ADULT THEATER. A theater, concert hall, auditorium or similar establishment which, for any form of consideration features live performances, 30% or more of the number of which are characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
7. ESCORT BUREAU. A business which, for pecuniary compensation, consideration, hire or reward, furnishes or offers to furnish escorts.
8. MODELING STUDIO.
(a) A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purpose of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration.
(b) MODELING STUDIO does not include schools maintained pursuant to standards set by the State Board of Education.
(c) 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.
APPLICANT. A person who is required to file an application for a permit under this chapter, including an individual owner, managing partner, officer of a corporation or any other operator, manager, employee or agent of an adult entertainment business.
BAR. Any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. Means and refers 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 the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App 3d 151 (1981).
ESCORT. A person who, for pecuniary compensation, monetary or other consideration, hire or reward:
1. Escorts or accompanies others to or about social affairs, entertainment or places of amusement;
2. Keeps company with others about any place or public resort or within any private quarters;
3. Who agrees or offers to privately model lingerie or to privately perform a striptease for another person; or
4. Who agrees to provide any service which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities.
FIGURE MODEL. 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.
HEALTH OFFICER. The Police Chief of the City of Livingston or his or her duly authorized representative.
NUDITY or A STATE OF NUDITY. 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 fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
OPERATING AN ADULT ENTERTAINMENT BUSINESS. 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 entertainment business or activities within an adult entertainment business.
PERMITTEE. The person to whom an adult entertainment business permit is issued.
PERSON. Any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.
POLICE CHIEF. The Chief of Police of the City of Livingston or the authorized representatives thereof.
REGULARLY FEATURES. With respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.
SEMINUDE. 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.
SPECIFIED ANATOMICAL AREAS. Means and includes any of the following:
1. Less than completely and opaquely covered human:
(a) Genitals or pubic region;
(b) Buttocks; and
(c) 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.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
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; and
4. Excretory functions as part of or in connection with any of the other activities described in subsections 1. through 3. of this definition.
(Ord. 493, passed 4-18-2000)
(A) Adult business regulatory permit. 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, the operation of an adult entertainment business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.
(B) Adult entertainment business performer permit. It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business unless the person first obtains and continues in full force and effect a permit from the city as herein required.
(C) Escort permit; figure model permit. It shall be unlawful for any person to act as an escort, figure model or to take any other position of employment with an escort bureau or modeling studio in the city unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.
(Ord. 493, passed 4-18-2000)
Every person who proposes to maintain, operate or conduct an adult entertainment business in the city shall file an application with the Police Chief upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.
(Ord. 493, passed 4-18-2000)
(A) Adult entertainment business regulatory permits are nontransferable, except in accordance with § 10-6-8 of this chapter. 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 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 is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application;
5. If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name;
6. A description of the type of adult entertainment business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult entertainment business site;
7. The address to which notice of action on the application is to be mailed;
9. A sketch or diagram showing the interior configuration of the premises, including a statement of total floor area occupied by the adult entertainment business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
10. A certificate and straight line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult entertainment business, and:
(a) The property line of any other adult entertainment business within 1,000 feet of the primary entrance of the adult entertainment business for which a permit is requested; and
(b) The property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult entertainment business.
11. A diagram of the off-street parking areas and premises entries of the adult entertainment business showing the location of the lighting system required by § 10-6-18(C) of this chapter.
(B) If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten 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.
(C) 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 entertainment business regulatory permit.
(Ord. 493, passed 4-18-2000)
(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 entertainment business regulatory permit.
(B) Within 30 days of receipt of the completed application, 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 an adult entertainment business regulatory permit.
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 address stated in the application.
(C) The Police Chief shall grant the application and issue the adult entertainment business regulatory permit upon findings that the proposed business meets the location criteria of the city business code requirements; and that the applicant has met all of the development and performance standards and requirements of § 10-6-18 of this chapter, unless the application is denied for one or more of the reasons set forth in § 10-6-7 of this chapter, the permittee shall post the permit conspicuously in the adult entertainment business premises.
(D) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within 30 days after it is stamped as received (except as provided in § 10-6-5(B) of this chapter), the applicant may begin operating the adult entertainment business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of § 10-6-18 of this chapter.
(Ord. 493, passed 4-18-2000)
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