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For the purpose of this chapter, “adult entertainment establishment” shall mean the activities listed in Section 6930 d., and as defined in Section 1110, of the San Diego County Zoning Ordinance. When any term is not defined in this chapter, the definitions in Section 1110 of the San Diego County Zoning Ordinance shall apply. The following additional definitions shall apply to this chapter:
(a) "Controlling Interest" means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20% or more of any class of voting securities of a business. The ownership, control, or power to vote 20% or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.
(b) "Distinguished or Characterized by an Emphasis Upon" means the dominant or principal 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 exhibition or description of Specified Sexual Activities or Specified Anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description "specified anatomical areas" or "specified sexual activities."
(c) "Employ, Employee, and Employment" describe and pertain to any person who performs any service on the premises of an adult entertainment establishment, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises. This definition is provided solely for interpreting this chapter.
(d) "Establish or Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment establishment as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment establishment, to any adult entertainment establishment;
(3) The addition of any adult entertainment establishment to any other existing adult entertainment establishment; or
(4) The relocation of any adult entertainment establishment.
(e) "Hearing Officer" means a County Hearing Officer appointed pursuant to sections 650 et seq. of the County Administrative Code.
(f) "Licensee" means a person in whose name a license to operate an adult entertainment establishment has been issued, as well as the individual or individuals listed as an applicant on the application for an adult entertainment establishment license. In case of an "employee," it shall mean the person in whose name the adult entertainment establishment employee license has been issued.
(g) "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, penis, anal cleft or cleavage with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any part of the nipple.
(h) "Operate or Cause to Operate" means to cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of an adult entertainment establishment who is authorized to exercise overall operational control of the establishment or who causes to function or who puts or keeps in operation the establishment. A person may be found to be operating or causing to be operated an adult entertainment establishment whether or not that person is an owner, part owner, or licensee of the establishment.
(i) "Regularly Features or Regularly Shown" means a consistent and substantial course of conduct, such that the sexually explicit films or semi-nude performances exhibited constitute an ongoing and intentional objective of the business and are promoted as such.
(j) "Semi-nude" or “semi-nudity" means a state of dress in which opaque clothing covers no more than the genitals, penis, anal cleft, cleavage, pubic area, vulva and nipple of the female breast as well as portions of the body covered by supporting straps or devices.
(k) "Specified criminal activity" means any of the following offenses:
(1) Any sexual offense punishable as a felony, described in Penal Code sections 261-269; any offense involving obscene material punishable as a felony, described in Penal Code sections 311.1-311.12; any offense for keeping, maintaining or participating in a house of prostitution as described in Penal Code sections 315, 316, 318; any offense for soliciting, agreeing to engage in or engaging in an act of prostitution as described in Penal Code section 647(b); any felony offense requiring registration under Penal Code section 290 except for Penal Code section 314; sale of any controlled substance on Schedules I-V of the Health and Safety Code or any other felony involving moral turpitude; criminal attempt, conspiracy, solicitation to commit any of the foregoing offenses; or offenses committed in another jurisdiction which, had the predicate acts been committed in California, would constitute any of the specified offenses or criminal attempt, conspiracy or solicitation to commit any of the specified offenses; for which:
(A) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(B) Less than five years have elapsed since the date of conviction, or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(C) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(l) "Transfer of Ownership or Control" of an adult entertainment establishment means any of the following:
(1) The sale, lease, or sublease of the establishment;
(2) The transfer of securities which constitute a controlling interest in the establishment, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the establishment, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(m) "Viewing Room" means the room, booth, or area where a patron of an adult entertainment establishment would ordinarily be positioned while watching a film, videocassette, or other video reproduction.
(Added by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) It shall be unlawful for any person to operate an "adult entertainment" establishment in the unincorporated area of the County without a valid adult entertainment establishment license.
(b) Except for any person issued a license under subsection (a), it shall be unlawful for any person to be an employee, as defined in this chapter, of an adult entertainment establishment in the unincorporated area of the County without a valid adult entertainment establishment employee license.
(c) An application for an adult entertainment establishment license shall be filed at the office of the Sheriff on a form provided by the Sheriff. The application shall be signed by the applicant.
(d) An application for an adult entertainment establishment employee license shall be filed in person at the office of the Sheriff on a form provided by the Sheriff. The application shall be signed by the applicant.
(e) Within five days of receipt of an application, the Sheriff shall determine the completeness of the application and shall notify the applicant in writing if the application is deemed incomplete. An application shall be considered complete when it contains the following information:
(1) The applicant's full true name and any other names or aliases used in the preceding five years.
(2) Current business address or another mailing address of the applicant.
(3) Written proof of age, in the form of a birth certificate or driver's license or other picture identification document issued by a governmental agency.
(4) If the application is for an adult entertainment establishment license, the establishment name, location, legal description, mailing address and phone number (if one currently exists) of the proposed adult entertainment establishment.
(5) If the application is for an adult entertainment establishment license, the name and address of the statutory agent or other agent authorized to receive service of process.
(6) A statement whether the applicant has been convicted or has pled guilty or nolo contendre to a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
The information provided pursuant to paragraphs (1) through (6) of this subsection shall be supplemented by notice in writing by certified mail, return receipt requested, to the Sheriff within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(f) An application for an adult entertainment establishment license shall be accompanied by a sketch or diagram showing the configuration of the premises, including general demarcations of where goods will be displayed, performances will be conducted, or where films or other visual media will be exhibited, along with a statement of total floor space occupied by the establishment. The sketch or diagram need not be professionally prepared but shall 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. Applicants who are required to comply with section 21.1813 of this chapter shall submit a diagram meeting the requirements of that section.
(g) If a person who wishes to operate an adult entertainment establishment is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate an adult entertainment establishment is other than an individual, each officer, director, general partner or other person who will manage or participate directly in the decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 21.1804 and each applicant shall be considered a licensee if a license is granted. Each licensee granted a license under subsection (c) shall not be required to also obtain an adult entertainment establishment employee license.
(h) A license required by this chapter is in addition to any other licenses or permits required by the County or State to engage in the business or occupation. Persons engaged in the operation of adult entertainment establishments or in employment in adult entertainment establishment shall comply with all other applicable local, State, and federal laws, ordinances, and statutes, including zoning ordinances, as may be required.
(i) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the Sheriff on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order.
(Added by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9751 (N.S.), effective 2-10-06; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Upon the filing of an application under section 21.1803 for an adult entertainment establishment license and subject to subsection (d) below, the Sheriff shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the Sheriff's final decision to deny or grant the license. Within 30 days of the initial filing date of the application, the Sheriff shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The Sheriff shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:
(1) An applicant is less than 18 years of age.
(2) An applicant has failed to provide information as required by section 21.1803 for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this chapter has not been paid.
(4) An applicant has been convicted of a specified criminal activity, as defined in this chapter.
(5) The adult entertainment establishment premises are not in compliance with the interior configuration requirements of this chapter.
(b) Upon the filing of an application under section 21.1803 for an adult entertainment establishment employee license, the Sheriff shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the County to deny or grant the license. Within 30 days of the initial filing date of the application, the Sheriff shall either issue a license to the applicant or issue to the applicant a written letter of intent to deny the application. The Sheriff shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:
(1) An applicant is less than 18 years of age.
(2) An applicant has failed to provide information as required by section 21.1803 for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this chapter has not been paid.
(4) An applicant has been convicted of a specified criminal activity, as defined in this chapter.
(c) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for an adult entertainment establishment, the address of the adult entertainment establishment. The adult entertainment establishment license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be easily read at any time. An adult entertainment establishment employee shall keep the employee's license on his person or on the premises where the licensee is then working or performing and shall produce the license for inspection upon request by a law enforcement officer or other County official performing a function connected with the enforcement of this chapter.
(d) No adult entertainment establishment license, including a temporary establishment license issued under this section or a provisional establishment license issued under section 21.1823, shall become effective unless and until an Administrative Permit has been issued in accordance with County Zoning Ordinance section 6930.
(Added by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9751 (N.S.), effective 2-10-06; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A licensee shall not transfer the license issued under this chapter to another person, nor shall a licensee operate an adult entertainment establishment at a location other than the one for which the license was issued.
(Added by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The initial license and annual renewal fees for an adult entertainment establishment license or an adult entertainment establishment employee license shall be set by the Board of Supervisors at an amount determined by the Board sufficient to pay the cost of administering the licenses issued pursuant to this chapter and are contained in section 21.1901.
(Added by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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