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Palo Alto Municipal Code
PALO ALTO MUNICIPAL CODE
CHARTER OF THE CITY OF PALO ALTO
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATIVE CODE*
Title 3 RESERVED
Title 4 BUSINESS LICENSES AND REGULATIONS*
Chapter 4.04 GENERAL PROVISIONS*
Chapter 4.10 SOLICITORS, PEDDLERS, PAWNBROKERS, SECONDHAND DEALERS, AND OTHER BUSINESSES REGULATED BY POLICE
Chapter 4.12 SIDEWALK VENDORS
Chapter 4.18 LICENSE OBTAINED BY APPLICATION TO POUNDMASTER
Chapter 4.30 SOLICITING FUNDS*
Chapter 4.32 SOLICITING INFORMATION FOR COMMERCIAL PURPOSES
Chapter 4.34 CLOSING OUT SALES
Chapter 4.38 RESERVED
Chapter 4.39 PRIVATE INTRUSION AND FIRE ALARMS*
Chapter 4.42 TAXICABS AND OTHER FOR-HIRE VEHICLES
Chapter 4.46 RESERVED*
Chapter 4.48 RESERVED*
Chapter 4.51 BINGO GAMES
Chapter 4.52 BILLIARD ROOMS, CARDROOMS AND BOWLING ALLEYS*
Chapter 4.54 MASSAGE ESTABLISHMENTS
Chapter 4.55 ADULT ENTERTAINMENT ESTABLISHMENTS
Chapter 4.56 HOT TUB/SAUNA ESTABLISHMENTS
Chapter 4.57 FIREARMS DEALERS*
Chapter 4.58 NARCOTICS PARAPHERNALIA SALE AND DISPLAY*
Chapter 4.59 PET SHOPS*
Chapter 4.60 BUSINESS REGISTRATION PROGRAM
Chapter 4.62 CITYWIDE MINIMUM WAGE
Chapter 4.64 PERMITS FOR RETAILERS OF TOBACCO PRODUCTS
Title 5 HEALTH AND SANITATION*
Title 6 ANIMALS
Title 7 RESERVED
Title 8 TREES AND VEGETATION
Title 9 PUBLIC PEACE, MORALS AND SAFETY*
Title 10 VEHICLES AND TRAFFIC*
Title 11 ENVIRONMENTAL IMPACT PROCEDURE
Title 12 PUBLIC WORKS AND UTILITIES
Title 13 IMPROVEMENT PROCEDURE*
Title 14 RESERVED
Title 15 FIRE PREVENTION*
Title 16 BUILDING REGULATIONS*
Title 17 HAZARDOUS MATERIALS STORAGE*
Title 18 ZONING*
Title 19 MASTER PLAN*
Title 20 PRECISE PLANS*
Title 21 SUBDIVISIONS AND OTHER DIVISIONS OF LAND*
Title 22 PARKS*
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 4.55
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
   4.55.010   Purpose and intent.
   4.55.020   Definitions.
   4.55.030   Adult entertainment establishment license required.
   4.55.040   Adult entertainment establishment license application fee.
   4.55.050   Application for adult entertainment establishment license.
   4.55.060   Appeal.
   4.55.070   Adult entertainment facilities and operation requirements.
   4.55.075   Additional facilities and operation requirements.
   4.55.080   Inspection by officials.
   4.55.090   Business name.
   4.55.100   Business location change.
   4.55.110   Transfer of interest.
   4.55.120   Display of licenses.
   4.55.130   Hearing.
   4.55.140   Application of existing establishments.
   4.55.150   Application of other code provisions.
4.55.010   Purpose and intent.
   It is the purpose and intent of this chapter to provide for the orderly regulation of adult entertainment establishments, as defined in this chapter, in the interests of the public health, safety and welfare by providing certain minimum building, sanitation, health and related standards and regulations for adult entertainment establishments, and by providing standards for operators of adult entertainment establishments.
(Ord. 2946 § 4 (part), 1976)
4.55.020   Definitions.
   For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section have the meaning given them in this section.
   (a)   "Adult entertainment enterprise" means:
   (1)   Any business activity wherein is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, to be in the presence of, be entertained by the unclothed body or the unclothed portion of the body of another person, or be so painted, felt, handled, touched or observed by another person, or to observe, view or photograph any such activity, and shall include, but not be limited to the following business activities and activities similar thereto: nude encounter studios, adult or nude dance studios, adult or nude exhibitions, peep shows, nude wrestling centers, and adult or nude art or photograph studios. "Unclothed portion of the body" means a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks, or female breast with only the nipple and areola covered.
   (2)   Any business activity wherein a substantial part of the commercial operation consists of the sale or dissemination of paraphernalia and apparatus which aid or assist in the stimulation and/or performance of sexual activities.
   (3)   Adult theaters are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." An "adult theater" is a commercial establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides, or similar photographic or electronic reproductions are regularly shown and which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," or to which minors are not admitted, or with respect to which advertising for said pictures is contained in the adult theaters section of local newspapers, or in which sexual intercourse, oral copulation, masturbation, homosexual acts or other specified sexual activities are actually shown, or simulated.
   (4)   Adult book stores are within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult book store" means any premises in which twenty percent or more of the titles offered or to which twenty percent or more of the actual display area of the store is devoted to merchandise, which books, magazines, periodicals or merchandise depict or describe specified sexual activity, or to which any of the advertising for such titles is made in the adult theaters section of local newspapers. This section does not apply to displays of up to ten periodicals in the premises in which sales of the same are incidental to other business.
   (5)   Adult arcades are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, currency operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
   (6)   Adult video stores are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult video store" means a commercial establishment which, as one of its principal business purposes (as evidenced by the fact that twenty percent or more of the articles or titles offered or to which twenty percent or more of the actual display area of the store is devoted, whichever is less), offers for sale or rental for any form of consideration any one or more of the following:
   (A)   Photographs, films, motion pictures, laser discs, video cassettes, video tapes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
   (B)   Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
   (7)   Adult cabarets are included within the terms "adult entertainment enterprise" and "adult entertainment establishment." "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
   (A)   Persons who appear in a state of nudity; or
   (B)   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
   (C)   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
   (8)   "Specified anatomical areas" mean human genitals in a state of sexual arousal.
   (9)   "Specified sexual activities" mean and include any of the following:
   (A)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
   (B)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
   (C)   Masturbation, actual or simulated; or
   (D)   Excretory functions as part of or in connection with any of the activities set forth in subsections (a)(9)(A) through (a)(9)(C) above.
   (10)   "Substantial enlargement of an adult entertainment enterprise" means the increase in floor area occupied by the business by more than ten percent, as the floor area exists on the effective date of the ordinance codified in this section.
   (11)   The following are specifically excluded from the meaning of the term "adult entertainment enterprise":
   (A)   Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state of California;
   (B)   Nurses registered under the laws of the state of California;
   (C)   Trainers of any amateur, semiprofessional or professional athlete, or athletic team;
   (D)   Barbers and beauticians who are duly licensed under the laws of the state of California;
   (E)   Any activity conducted or sponsored by any school district or other public agency; and
   (F)   Any activity conducted by a person pursuant to any license issued by the state of California or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession.
   (b)   "Adult entertainment establishment" means any establishment or place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on any adult entertainment enterprise regardless of whether any other use is also conducted on the premises.
   (c)   "Employee" means every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the conduct of the adult entertainment enterprise.
   (d)   "License" means the business license to operate an adult entertainment establishment as required by this chapter.
   (e)   "Person" means any individual, firm, association, partnership, corporation, joint venture or combination of individuals.
(Ord. 3944 § 2, 1990: Ord. 2946 § 4 (part). 1976)
4.55.030   Adult entertainment establishment license required.
   It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of an adult entertainment establishment without the license obtained from the chief of police as required by this chapter. An adult entertainment license shall be issued to any person who has complied with the requirements of Sections 4.55.050, 4.55.070 and all other applicable provisions of this code, unless grounds for denial of such license are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial include:
   (a)   The applicant made a material misstatement in the application for a license;
   (b)   The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence. The basis for denial stated in this subsection (b) shall not apply to adult theaters, adult bookstores, adult arcades or adult video stores. Prior to denying a license under this chapter for either of said activities by reason of such conviction, the chief of police shall make a finding that by reason of the nature of the conviction or underlying facts, or by reason of the anticipated nature of the activities to be carried out under the license applied for, or by reason of any other relevant factors, the issuance of such license would be inconsistent with the general health, safety and welfare;
   (c)   That the operation of an adult entertainment establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;
   (d)   That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of adult entertainment establishments.
(Ord. 3947 § 2, 1990: Ord. 3113 § 8, 1979: Ord. 2946 § 4 (part), 1976)
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