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It is the intent of this chapter to regulate adult businesses, to promote the health, safety and general welfare of the citizens of the City of Santa Clarita and to establish reasonable and uniform regulations to prevent the deleterious effects of adult businesses from occurring within the City of Santa Clarita.

It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials or to deny access by the distributors or exhibitors of sex-oriented material to their intended market. Nothing in this chapter is intended to authorize, legalize or the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal; stock-in-trade and does not devote more than fifteen 15 percent of the total floor area of the establishment to the sale of adult only books and periodicals. This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by or employing d chiropractors, d physicians, d physical therapists, d psychologists, d social workers or d marriage and family counselors when performing functions under or pursuant to the respective held.

Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized or distinguished by the depiction or description of specified sexual activities or specified anatomical areas and has a visible from the public right-of-way which advertises the availability of this adult type of photographic reproduction; or. Offers or advertises a sleeping room for rent for a period of time that is less than ten 10 hours in a twenty-four 24 hour period; or,.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten 10 hours in a twenty-four 24 hour period. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor shall also include a business establishment where the employees or independent contractors thereof are nude or expose specified anatomical areas. The opening or commencement of any such business as a new business; or.

The conversion of an existing business, whether or not an adult business, to any of the adult businesses defined in this chapter; or. The addition of any of the adult businesses defined in this code to any other existing adult businesses; or. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area. The definition of adult business shall not include the practice of massage in any d physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a d physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Devoting more than fifteen 15 percent of total display area to the display of sex-oriented merchandise or sex-oriented material; or. Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any ten or more separate or consecutive days within any thirty day period; or.

Deriving at least fifty 50 percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person d by the State of California engages in sexual therapy. For the purposes of these regulations, sexual encounter establishment shall include massage or rap parlor and other similar establishments. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

The fondling or other touching of human genitals, pubic region, buttocks, anus, or female breasts; or. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or. Excretory functions as part of or in connection with any of the activities set forth in subsection 1 through 3 of this definition. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or.

The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult business within the City of Santa Clarita unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult business issued by the City of Santa Clarita or its representative for the particular type of business.

A valid must be in the possession of the applicant in advance of the operation of an adult business. The owner of the proposed adult business shall be the only person eligible to obtain an adult business . The owner of the adult business shall be required to obtain an approved adult business use permit with the City of Santa Clarita or its representative prior to obtaining an adult business . The following information and items shall be submitted by the owner at the time of applying for an adult business :.

A completed adult business application form ed by the owner of the proposed adult business, and either the record owner of the property, his or her agent or, if the business premises are subleased to the applicant business, the sublessor of the premises. A statement ed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted therewith. Payment of the application fee as set by resolution of the City Council.

A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections through , and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this chapter, for five 5 years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses any traffic offense deated as a felony shall not be construed as a minor traffic offense , stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the conviction jurisdiction, and sentencing court providing court identifying case s or docket s.

Any fees for the photographs and fingerprints shall be paid by the applicant. Notwithstanding the above, no application for an adult business shall be accepted or processed for any business that has had an adult business revoked within the preceding three 3 year period. The adult business , within ninety 90 calendar days of filing a complete application, shall be approved and issued if the standards and requirements of this chapter have been met; otherwise, the shall be denied. Notice of the approval or denial of the shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three 3 business days of the date of such decision.

The times set forth in this subsection shall not be extended except upon the written consent of the applicant. The adult business shall be approved and issued if the application and evidence submitted show that:. The adult business will meet all applicable building, fire, electrical, health and plumbing regulations; and. The adult business will not be located, in whole or in part, within any portable structure; and. The applicant has not been convicted of a specified criminal act for which:. Less than two 2 years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

Less than five 5 years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering. Less than five 5 years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if the convictions are of two 2 or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four 24 months prior to application.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate, or manage an adult business only when the required time period has elapsed.

For adult businesses which exceed an occupant load of one hundred twenty-five persons or five thousand 5, square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Planning Commission and deated head of the law enforcement entity providing law enforcement services to the City.

Security personnel shall be d in accordance with the California Business and Professions Code, to the satisfaction of the deated head of the entity providing law enforcement services to the City. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed thirty 30 inches in height, except trees with foliage not less than six 6 feet above the ground.

The premises within which the adult 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 space within the same building. No exterior door or window on the premises shall be propped or kept open at any time while the business is open. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance or exit to the business.

All indoor areas of the adult business within which patrons are permitted, except rest rooms, shall be open to view at all times. Except as specifically provided in this chapter, the adult business shall comply with the parking, development and de standards established for the zone in which the business is located. No sex-oriented material or sex-oriented merchandise shall be displayed in such a manner as to be visible from any location other than the premises occupied by the sex-oriented business. No person under the age of eighteen 18 years and no person obviously intoxicated shall be permitted within the premises at any time.

A giving notice of this provision shall be prominently posted at each entrance to the premises of the adult business. No adult business, excepting an adult motel, shall operate between the hours of eleven p. No owner, operator, manager, employee, or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult-business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.

The adult 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 all sex-oriented materials and sex-oriented merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to an adult business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as an adult bookstore, and which does not provide rest room facilities to its patrons or the general public.

The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. No advertising , billboard, or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia deed for use in connection with specified sexual activities, shall be shown or exhibited so as to be visible from any exterior area. A manager shall be on-duty at all times during operating hours.

No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director of Community Development during all hours of operation to allow all areas to be visible at all times.

In addition all exterior lighting shall remain on for at least thirty 30 minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris, and weeds.

No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted. No partitions between subdivisions of a room, portion, or part of a building, structure, or premises, including restrooms may have an aperture, hole, slit, or other opening or gap which is deed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.

No person shall operate more than one adult business under a single roof. All areas of the adult business shall be illuminated at a minimum of the following footcandles, minimally maintained and evenly distributed at ground level:. Adult motion picture arcades which provide more than one viewing area shall conform to all the requirements ly set forth in this chapter and shall also conform to the following additional requirements:.

The diagram shall also deate the place at which the adult business will be conspicuously posted. Prior to any alteration in the configuration of the diagram, the owner shall submit a new diagram. No individual viewing area may be occupied by more than one person at any one time. Adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities shall conform to all the requirements ly set forth in this chapter and shall also conform to the following additional requirements:. No person shall perform live entertainment for patrons of an adult business except upon a stage at least eighteen 18 inches above the level of the floor which is separated by a distance of at least six 6 feet from the nearest area occupied by patrons, and no patrons shall be permitted within six 6 feet of the stage while the stage is occupied by an entertainer.

The adult business shall provide an entrance or exit to the premises for entertainers which is separate from the entrance or exit used by patrons. No employee shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises engaging in a performance.

Fixed rails at least forty-two 42 inches in height shall be maintained establishing the separations between entertainers and patrons. Each shall expire one year from the date of issuance and may be renewed if the adult business is currently in full compliance with all of the provisions of the chapter, and including the following:. A renewal application is completely and properly filled out;. The application is ed and approved by the Director of Community Development;.

An application must be filed with the Department of Community Development within thirty 30 days before the expiration date. If the adult business does not file renewal permit application before the expiration date, the business shall cease occupancy until the renewal application is received and approved by the Director of Community Development. The Director of Community Development has five 5 business days to deny or approve the renewal application. If the Director does not deny or approve the renewal application within the time allowed the application shall be deemed approved at the end of the time allowed.

When the Director of Community Development denies renewal of the permit, the adult business shall not be issued a permit under this code for one year from the date of denial. If, subsequent to denial, the Director of Community Development, finds that the basis for denial of the renewal of the permit has been corrected, the adult business shall be granted a permit if at least ninety 90 days have elapsed since the date denial became final.

No adult business shall be sold, transferred, or ased by any e, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or asment, or attempted sale, transfer, or asment shall be deemed to constitute a voluntary surrender of such , and such shall thereafter be null and void.

An adult business held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any change in the nature or composition of the adult business from one type of adult business use to another type of adult business use shall also render the null and void. An adult business shall be valid only for the exact location specified in the .

Violated or is not in compliance with any section of this code; or. Engaged in the excessive use of alcoholic beverages while on the adult business premises; or. Refused to allow an inspection of an adult business premises as authorized by this code; or. Operated the adult business in violation of a building, fire health, or zoning statute, code ordinance or regulation, whether federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the e of the violation and shall allow the e a seven 7 day period in which to correct the violation.

If the e fails to correct the violation before the expiration of the seven 7 day period, the City shall forthwith suspend the and shall notify the e of the suspension; or. Operated the adult business in violation of the hours of operation; or. Allowed minors seventeen 17 years old and under to enter the adult business.

The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected. The Director of Community Development shall revoke a if a cause of suspension in this chapter occurs and the has been suspended within the preceding twelve 12 months. The Director of Community Director shall revoke a upon determining that:. A e or an employee has knowing allowed possession, use or sale of controlled substances on the premises; or.

A e or an employee has knowingly allowed prostitution on the premises; or.

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