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(A) A permittee shall not operate an adult-oriented business under the authority of an adult-oriented use permit at any place other than the address of the adult-oriented business stated in the application for the use permit.
(B) A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business use permit to another person unless and until the transferee obtains an amendment to the use permit from the Planning Commission stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Department in accordance with §§ 10-7.08 and 10-7.09.
(C) No use permit may be transferred when the Community Development Department has notified the permittee that the use permit has been or may be suspended or revoked.
(D) Any attempt to transfer a use permit either directly or indirectly in violation of this section is hereby declared void, and the use permit shall be deemed revoked.
(Ord. 697 C.S., passed 3-17-99)
(A) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities 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 use permit shall promptly supplement the information provided as part of the application for the use permit required by § 10-7.07, with the names of all performers required to obtain an adult-oriented business performer permit, within 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 use permit.
(B) The Chief of Police shall grant, deny or renew adult-oriented business performer permits.
(C) The application for a permit shall be made on a form provided by the Chief of Police. An original and two copies of the completed and sworn permit application shall be filed with the Chief of Police.
(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 and eye color:
(4) Present residence address and telephone number;
(5) Whether the applicant has ever been convicted of:
(a) Any of the offenses set forth in Cal. Penal Code §§ 315, 316, 266a, 266b, 266c, 266g, 266h, 266i, 647(a), 647(b) and 647(D) as those sections now exist or may hereafter be amended or renumbered.
(b) 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;
(8) Satisfactory written proof that the applicant is at least 18 years of age;
(9) The applicant's fingerprints on a form provided by the Police Department and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.
(10) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
(E) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the City Council.
(F) Upon receipt of an application and payment of the application fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the application.
(G) If the Chief of Police determines that the applicant has completed the application improperly, the Chief of Police shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Chief of Police 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.
(Ord. 697 C.S., passed 3-17-99)
(A) Within ten business days after receipt of the properly completed application, the Chief of Police shall grant or deny the application and so notify the applicant as follows:
(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2) If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, the Chief of Police shall attach to the application an adult-oriented business performer 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 residence address stated in the application.
(B) The Chief of Police 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 Chief of Police grants the application or if he neither grants nor denies the application within ten business days after it is stamped as received (except as provided in § 10-7.13 (G)), the applicant may begin performing in the capacity for which the license was sought.
(D) The Chief of Police shall deny the application for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, 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 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 § 10-7.12(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 at the sole discretion of the Chief of Police to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.
(E) Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police 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 30 days before the expiration of the permit. When made less than 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 applications for permits.
(Ord. 697 C.S., passed 3-17-99)
An adult-oriented business use permit or performer permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for use permit revocation exist, the Community Development Director/City Engineer 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 by the Planning Commission, 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, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Planning Commission, 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 witness. The Planning Commission's decision may be appealed in accordance with § 10-7.15.
(B) A permittee may be subject to suspension or revocation of his performance permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
(1) The permittee has knowingly made any false, misleading 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:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
(b) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(c) Any conduct constituting a criminal offense which requires registration under Cal. Penal Code § 290.
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Cal. Penal Code §§ 315, 316, or 318 or Cal. Penal Code § 647(b).
(e) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Cal. Penal Code §§ 311 through 313.4.
(f) Any conduct prohibited by this chapter.
(3) Failure to abide by any disciplinary action previously imposed by an appropriate City Official.
(C) After holding the hearing in accordance with the provisions of this section, if the Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Chief of Police shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months;
(3) Revocation of the permit.
(Ord. 697 C.S., passed 3-17-99)
After denial of an application for an adult-oriented business use permit, or after denial of renewal of a performer permit, or suspension or revocation of a permit, the applicant or person to whom a permit was granted may seek review of such administrative action by the procedure in accordance with the provisions of §§ 1-4.01 through 1-4.03 of the Madera Municipal Code. The decision of the City Council after review of such administrative action shall be considered final. The applicant or permittee may then seek prompt judicial review of the City Council's decision in the Superior Court of the County of Madera, in accordance with the County of Madera Consolidated Superior and Municipal Courts Local Rules.
(Ord. 697 C.S., passed 3-17-99)
(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.
(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 anatomical areas" 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.
(C) All off-street parking areas and premise entries of the adult-oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one 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.
(D) The premises within which the adult-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
(E) An adult-oriented business shall be open for business only between the hours of 8:00 a.m. and 12:00 midnight on any particular day.
(F) The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Community Development Director or designee.
(G) All indoor areas of the adult-oriented business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times.
(H) Any adult-oriented business which is also an "adult arcade", 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 rest rooms. Rest rooms may not contain video reproduction equipment nor any other method of concealed viewing of any kind. 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 from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.
(2) The view area specified in subsection (1) of the section shall remain unobstructed by any doors, 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 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 booths or rooms.
(5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in any common area of such business 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.
(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 operator's 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 candies, minimally maintained and evenly distributed at ground 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 | 20 |
(J) The adult-oriented business shall provide and maintain separate rest room facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment or any other method of concealed viewing. The foregoing provisions of this paragraph shall not apply to adult-oriented businesses which deal exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to its patrons or the general public.
(K) The following additional requirements shall pertain to adult-oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
(1) No person shall perform live entertainment for patrons of an adult-oriented business except upon a stage at least 18 inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be permitted within ten feet of the stage while the stage is occupied by an entertainer.
(2) The adult-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(3) The adult-oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.
(4) 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 three 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.
(5) 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 apply only to physical contact on the premises of the adult-oriented business.
(6) Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
(7) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial control over an adult-oriented business (as that term is defined herein) shall permit any person on the premises of the adult-oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.
(L) Adult-oriented businesses shall employ 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 security guard at all times while the business is open. If the occupancy limit of the premises is greater than 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 Chief of Police that their presence is necessary in order to prevent any of the conduct listed in § 10-7.12 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. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subdivision 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 foregoing applicable requirements of this section shall be deemed conditions of adult-oriented business use permit approvals, and failure to comply with each requirement shall be grounds for revocation of the use permit issued pursuant to these regulations.
(Ord. 697 C.S., passed 3-17-99)
(A) Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises. Such register shall be available for inspection during regular business hours by a police officer or health officer of the city.
(Ord. 697 C.S., passed 3-17-99)