Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.45 ADULT-ORIENTED BUSINESSES--OPERATIONAL AND PERMIT REQUIREMENTS
5.45.010 Legislative purpose.
5.45.015 Definitions.
5.45.020 Permits required.
5.45.025 Applications.
5.45.030 Investigation and action on application.
5.45.035 Permit denial.
5.45.040 Transfer of adult-oriented business permits.
5.45.045 Registration of new employees.
5.45.055 Disciplinary action--Suspension or revocation of adult-oriented business regulatory permits.
5.45.060 Appeal of denial.
5.45.065 Adult-oriented business development and performance standards.
5.45.070 Register and permit numbers of employees.
5.45.075 Display of permit.
5.45.080 Employment of and services rendered to persons under the age of eighteen prohibited.
5.45.085 Inspection.
5.45.090 Regulations nonexclusive.
5.45.095 Severability.
5.45.010 Legislative purpose.
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.)
5.45.015 Definitions.
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.)
5.45.020 Permits required.
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.)
5.45.025 Applications.
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.)
5.45.030 Investigation and action on application.
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.)
5.45.035 Permit denial.
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.)
5.45.040 Transfer of adult-oriented business permits.
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.)
5.45.045 Registration of new employees.
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.)
5.45.055 Disciplinary action--Suspension or revocation of adult-oriented business regulatory permits.
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.)
5.45.060 Appeal of denial.
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.)
5.45.065 Adult-oriented business development and performance standards.
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:
|
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. 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.)
5.45.070 Register and permit numbers of employees.
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.)
5.45.075 Display of permit.
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.)
5.45.080 Employment of and services rendered to persons under the age of eighteen prohibited.
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.)
5.45.085 Inspection.
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.)
5.45.090 Regulations nonexclusive.
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.)
5.45.095 Severability.
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.)
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