It is the purpose of this chapter to regulate adult-oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the county. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. (Ord. 00-12 § 2 (part), 2000.)

For the purpose of this chapter the words and phrases shall have the same meanings respectively ascribed to them by this section and by Chapters 2 and 19 of the land development regulations set forth in Section VI of the Mono County general plan’s land use element:

A. “Adult-oriented businesses” means any one of the following:

1. “Adult arcade,” as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2. “Adult bookstore,” as used in this chapter, is an establishment that has thirty percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3. “Adult cabaret,” as used in this chapter, means a nightclub, bar, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4. “Adult hotel/motel,” as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) 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 twenty-four-hour period.

5. “Adult motion picture theater,” as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6. “Adult theater,” as used in this chapter, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7. “Modeling studio,” as used in this chapter, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “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.”

B. “Adult-oriented business operator” (hereinafter “operator”) means 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-oriented business or the conduct or activities occurring on the premises thereof.

C. “Applicant” means 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-oriented business.

D. “Church,” as used in this chapter, is a structure which is used primarily for religious worship and related religious activities.

E. “Community development director” as used in this chapter means the community development director of Mono County or the authorized representatives thereof.

F. Distinguished or Characterized by an Emphasis Upon. As used in this chapter, the term “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.3 151 (1981).

G. “Figure model” means 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.

H. “Health officer” means the Mono County health officer or his or her duly authorized representative.

I. “Nudity or a state of nudity” means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola.

J. Operate an Adult-Oriented Business. As used in this chapter “operate an adult-oriented business” means 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-oriented business or activities within an adult-oriented business.

K. “Permittee” means the person to whom an adult-oriented business permit is issued.

L. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character.

M. “Public building” is a building or structure owned or operated by a public entity (including, but not limited to Mono County) which is open to and frequented by members of the general public (e.g., a public library or community center).

N. “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 thirty day period; three or more occasions within a sixty day period; or four or more occasions within a one hundred eighty day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

O. “School” as used in this chapter is any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education or any child or day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

P. “Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Q. Specified Anatomical Areas. As used in this chapter, “specified anatomical areas” means and includes any of the following: less than completely and opaquely covered human:

1. Genitals or pubic region;

2. Buttocks; and

3. Female breast below a point immediately above the top of the areola.

R. Specified Sexual Activities. As used in this chapter, “specified sexual activities” means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

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;

4. Excretory functions as part of or in connection with any of the other activities described in subdivisions (1) through (3) of this subsection. (Ord. 00-12 § 2 (part), 2000.)

It is 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 an premises in the unincorporated areas of Mono County (i.e., those areas outside of the town of Mammoth Lakes), the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from Mono County as required by this chapter (adult-oriented business permit). (Ord. 00-12 § 2 (part), 2000.)

Every person who proposes to establish, maintain, operate or conduct an adult-oriented business in Mono County shall file an application with the department of community development upon a form provided by Mono County and shall pay a filing fee, in an amount set by resolution adopted by the board of supervisors from time to time, which shall not be refundable.

A. Adult-oriented business permits are nontransferable, except in accordance with Section 5.45.040. 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 eighteen 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 agent for service of process.

B. 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 ten percent or greater interest in the business entity shall sign the application.

C. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

D. A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus names and addresses of the owners and lessors of the adult-oriented business site.

E. The address to which notice of action on the application is to be mailed.

F. The names of all employees, independent contractors, and other persons who will work at the adult-oriented business.

G. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented 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.

H. A certificate and straight-line drawing prepared within thirty days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business and any church, school, park, public building or structure used as a dwelling that is located within five hundred feet of the primary entrance of the adult-oriented business, or any school located within view of the adult-oriented business, and additionally depicting the property lines of any residentially-designated district within five hundred feet of the primary entrance of the adult-oriented business.

I. A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 5.45.065(C).

J. If the community development director determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the community development director shall, within ten days of receipt of the original application, 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 submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of the time for the community development director 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.

K. The fact that an applicant possesses other types of state, county or city permits or licenses, does not exempt the applicant from the requirement of obtaining an adult-oriented business permit under this chapter. (Ord. 00-12 § 2 (part), 2000.)

A. Upon receipt of a completed application and payment of the application and permit fees, the community development director 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-oriented business permit.

B. Within thirty days of receipt of the completed application, the community development director 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 community development director shall write or stamp “granted” or “denied” on the application and date and sign such notation.

2. If the application is denied, the community development director shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the community development director shall attach to the application an adult-oriented business 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 community development director shall grant the application and issue the adult-oriented business permit upon findings that the proposed business meets the locational criteria of Chapter 19 of the land development regulations set forth in Section VI of the Mono County general plan’s land use element; unless the community development director denies the application for one or more of the reasons set forth in Section 5.45.035.

D. If the community development director neither grants nor denies the application within thirty days after it is stamped as received (except as provided in Section 5.45.025(J)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the requirements of this code. (Ord. 00-12 § 2 (part), 2000.)

The community development director shall deny the application for any of the following reasons:

A. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit.

B. An applicant is under eighteen years of age.

C. The required application fee has not been paid.

D. The adult-oriented business does not comply with the locational standards of Chapter 19 of the land development regulations set forth in Section VI 19 of the Mono County general plan’s land use element.

Each adult-oriented business permit shall expire one year from the date of issuance, and may be renewed only by filing with the community development director a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty days before the expiration date of the permit. When made less than thirty 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 action upon applications for permits. (Ord. 00-12 § 2 (part), 2000.)

A. A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business permit at any place other than the address of the adult-oriented business stated in the application for the permit.

B. A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adult-oriented business permit to another person unless and until the transferee obtains an amendment to the permit from the community development director 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 director in accordance with Sections 5.45.020 and 5.45.025 and accompanies the application with a transfer fee in an amount set by resolution of the board of supervisors, and the community development director determines in accordance with Section 5.45.030 that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the community development director has notified the permittee that the permit has been or may be suspended or revoked.

D. Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked. (Ord. 00-12 § 2 (part), 2000.)

A. As a further condition of approval of every adult-oriented business permit issued pursuant to this chapter, every owner or operator shall register every employee with the Mono County community development director within five business days of the commencement of the employee’s period of employment at the adult-oriented business.

B. Each employee shall be required to provide two recent color passport-quality photographs and, at the discretion of the community development director, shall allow himself or herself to be fingerprinted by the Mono County sheriff’s department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the community development director:

1. Name, current resident address, telephone number;

2. Date of birth;

3. Social Security number;

4. Height, weight, color of eyes and hair;

5. Stage name (if applicable) and other aliases used within the previous two years.

C. The information provided for purposes of this section shall be maintained by the community development director as confidential information, and shall not be disclosed unless required pursuant to state law or to subpoena issued by a court of competent jurisdiction.

D. Each owner or operator of an adult-oriented business shall maintain a current register of the names of all employees currently employed by the adult-oriented business, and shall disclose such registration for inspection by the community development director or any peace officer (as defined by state law) for purposes of determining compliance with the requirements of this section.

E. Failure to register each new employee within five days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit. (Ord. 00-12 § 2 (part), 2000.)

An adult-oriented business permit may be suspended or revoked in accordance with the procedures and standards of this section.

A. On determining that grounds for permit revocation exist, the community development director 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, 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 notices 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 community development director, 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 a witness. The community development director’s decision may be appealed in accordance with Section 5.45.060.

B. A permittee may be subject to suspension or revocation of his 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 county.

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:

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 Section 290 of the California Penal Code;

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code;

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 Sections 311 through 313.4;

f. Any conduct prohibited by this chapter.

3. Failure to abide by any disciplinary action previously imposed by an appropriate county official.

C. After holding the hearing in accordance with the provisions of this section, if the community development director finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the community development director 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. 00-12 § 2 (part), 2000.)

After denial of an application for an adult-oriented business regulatory permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action in accordance with the provisions of Chapter 47 of the land development regulations set forth in Section VI of the Mono County general plan’s land use element. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.8. The county shall make all reasonable efforts to expedite judicial review. (Ord. 00-12 § 2 (part), 2000.)

A. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with building regulations and standards adopted by Mono County.

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 sexual activities” or “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 area and premises 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 not be open for business between the hours of midnight and nine a.m.

F. The building entrance to an adult-oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the community development director. No person under the age of eighteen years shall be permitted within the premises at any time.

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. 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 (H)(1) of this 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 such 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 from remaining in the common area of such business, other than the rest rooms, 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-candles, minimally maintained and evenly distributed at ground level:

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. The foregoing provisions of this subsection shall not apply to an adult-oriented business which deals 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 eighteen inches above the level of the floor 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. “Entertainer” means any person who is an employee or independent contractor of the adult-oriented business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult-oriented business.

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 only apply to physical contact on the premises of the adult-oriented business.

6. Fixed rail(s) at least thirty 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 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 or pubic area with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola.

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 thirty-five 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 community development director or the Mono County sheriff that their presence is necessary in order to prevent any of the conduct listed in Section 5.45.055(B) 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 by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection 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 regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (Ord. 00-12 § 2 (part), 2000.)

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 and their permit numbers. Such register shall be available for inspection during regular business hours by any peace, health, or code enforcement officer of Mono County. (Ord. 00-12 § 2 (part), 2000.)

Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business. (Ord. 00-12 § 2 (part), 2000.)

A. It is unlawful for any permittee, operator, or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen years of age.

B. It is unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least eighteen years of age. (Ord. 00-12 § 2 (part), 2000.)

An applicant or permittee shall permit representatives of the sheriff’s department, health department, fire district, community development department, or other county departments or agencies to inspect the premises of an adult-oriented business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult-oriented businesses, at any time it is occupied or opened for business. A person who operates an adult-oriented business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (Ord. 00-12 § 2 (part), 2000.)

The provisions of this chapter regulating adult-oriented businesses are not intended o be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the board of supervisors of Mono County. (Ord. 00-12 § 2 (part), 2000.)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The board of supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 00-12 § 2 (part), 2000.)