(a) An operator must be present at all times the adult or sexually oriented business is operating. Said operator shall be responsible for all actions of the adult or sexually oriented business while on duty. The names of all operators, plus a twenty-four (24) hour emergency contact shall be provided to the City of Vernon Police Department.
(b) An adult or sexually oriented business shall not operate between the hours of 12:00 midnight and 8:00 a.m.
(c) An adult or sexually oriented business shall not be located in whole or part within any portable or mobile structure or pushcart.
(d) An adult or sexually oriented business shall not conduct any acupuncture, tattooing, fortune-telling, bodypainting, bodypiercing, or escort services on the premises, nor shall any such business be conducted on the same property as an adult or sexually oriented business.
(e) An adult or sexually oriented business shall not conduct or sponsor any special events, promotions, festivals, concerts, or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use.
(f) No adult or sexually oriented business may be used for the purpose of conducting a private club during the hours the business is not open to the public.
(g) If an adult or sexually oriented business is the sole use on a lot, no landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary.
(h) Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.
(i) Upon order of the City Administrator, or his designee, graffiti appearing on any exterior surface of a building or premises which is within public view shall be removed and that surface shall be restored within seventy-two (72) hours of written notification to the owner, lessor or operator.
(j) Changeable copy signs, temporary signs, including human or sandwich billboards, small permanent signs and neon signs are not permitted that may be observed from the outside of the building or structure, except that an adult theater may have a theater marquee sign. No solicitations of trade may be made at or near entrances of an adult or sexually oriented business by any means other than signage that complies with this requirement.
(k) No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to an adult or sexually oriented business shall be clearly and legibly posted with a notice indicating that people under the age of eighteen (18) years are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Public Works or his/her designee.
(l) An adult or sexually oriented business shall provide a security system that visually records and monitors all entrances and all of its parking lot areas. Recordings made pursuant to this requirement shall contain a date and time stamp and be maintained by an adult or sexually oriented business for a minimum period of thirty (30) days.
(m) No outdoor loudspeakers or other sound equipment advertising or directing attention to an adult or sexually oriented business or use is allowed.
(n) No adult or sexually 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, structure or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. 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.
(o) The premises within which the adult or sexually 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.
(p) Adult or sexually oriented businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:
(1) Adult or sexually oriented businesses featuring live entertainment shall provide at least one (1) security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty.
(2) Security guards for other adult or sexually oriented businesses may be required if it is determined by the city administrator, or his designee, that their presence is necessary in order to prevent any of the conduct listed in section
5.90(c)(3) 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 California 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.
(q) All off-street parking areas and premise entries of the adult or sexually oriented business shall be illuminated from dusk to two hours after closing with a lighting system that provides an average maintained horizontal illumination of not less than six (6) foot-candles at ground level 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 or sexually 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.
(r) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the City of Vernon Fire Department and building regulations and standards adopted by the city.
(s) All indoor areas of the adult or sexually oriented business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. The view required in this subsection must be a direct line of sight from the manager's station at all times. The view area required in this subsection shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials at all times.
(t) All areas of the adult or sexually 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
(except during performances, at which times lighting shall be at least 1.25 foot candles.) | 5 |
Arcades | 10 |
Sexual encounter centers, modeling studios | 20 |
(u) The adult or sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any materials depicting specified sexual activities or specified anatomical areas. Restrooms 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 or sexually oriented business which deals exclusively with sale or rental of materials which are not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.
(v) An adult arcade shall also 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 an operator's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more operator'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 operator's stations. The view required in this subsection must be direct line of sight from the operator's station.
(2) The view area specified above shall remain unobstructed by any doors, curtains, partitions, 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 individual viewing area may be occupied by more than one person at any one time.
(4) The walls and/or partitions between individual viewing areas shall be constructed of not less than one (1) hour fire resistive material and shall be maintained in good repair at all times. The walls and/or partitions between any two individual viewing areas shall be solid and uninterrupted by any hole or aperture such as would allow viewing from one individual viewing area into another or such as to allow physical contact of any kind between the occupants of any two such individual viewing areas.
(5) Customers, patrons or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing shall not be allowed to stand idly by in the vicinity of any such individual viewing areas, or from remaining in the common area of such business. Signs prohibiting loitering shall be posted in prominent places in and near the individual viewing areas.
(6) The floors, seats, walls and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such individual viewing areas 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 or sexually oriented business.
(w) Additional regulations relating to the exhibition of sexually explicit films, videos or live entertainment in individual viewing areas. A person who operates or causes to be operated an adult or sexually oriented business, which exhibits on the premises in an individual viewing area of less than 150 square feet of floor space, a film, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to compact disc [CD] or digital video disc [DVD]), slide, other photographic reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for an adult or sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more operator's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. An operator's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas. The city administrator, or his designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.
(2) No alteration in the configuration or location of an operator's station may be made without the prior written approval of the city administrator, or his designee, based upon the finding that such alteration complies with this section.
(3) It is the duty of the permittee of the adult or sexually oriented business to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is present inside the adult or sexually oriented business.
(4) The interior of the adult or sexually oriented business shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the adult or sexually oriented business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment or any materials depicting specified sexual activities or specified anatomical areas. If the adult or sexually oriented business has 2 or more designated operator's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult or sexually oriented business to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required by this section must be by direct line of sight from the operator's station.
(5) It shall be the duty of the permittee and/or operator to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
(6) It shall be the duty of the permittee and/or operator to ensure that no patron is permitted access to any area of the adult or sexually oriented business that has been designated as an area in which patrons will not be permitted pursuant to paragraph (1) of this subsection.
(7) No individual viewing area may be occupied by more than one person at any time.
(8) The adult or sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10 foot-candles as measured at the floor level.
(9) It shall be the duty of the permittee and/or operator to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises.
(10) No openings of any kind shall exist between individual viewing areas.
(11) No person shall make or attempt to make an opening of any kind between individual viewing areas.
(12) The permittee or operator shall, during each business day, regularly inspect the walls between the individual viewing areas to determine if any openings or holes exist.
(13) The permittee and/or operator shall cause all floor coverings in individual viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The permittee and/or operator shall cause all wall surfaces and ceiling surfaces in individual viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(15) It is a violation of this article for a person having a duty under this section to knowingly fail to fulfill that duty.
(x) The following additional requirements shall pertain to adult or sexually oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, and shall also apply to modeling studios and sexual encounter centers:
(1) No person shall perform modeling or live entertainment for patrons of an adult or sexually oriented 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 ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a figure model or entertainer.
(2) The adult or sexually oriented business shall provide separate dressing room facilities for figure models and entertainers that are exclusively dedicated to the use of such figure models and entertainers.
(3) The adult or sexually oriented business shall provide an entrance/exit for figure models and entertainers which is separate from the entrance/exit used by patrons.
(4) The adult or sexually oriented business shall provide access for figure models and entertainers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult or sexually oriented business shall provide a minimum three (3)-foot wide walk aisle for figure models and entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the figure models and entertainers capable of (and which actually results in) preventing any physical contact between patrons and figure models and entertainers.
(5) No figure model or entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any figure model or entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the adult or sexually oriented business.
(6) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between figure models and entertainers and patrons required by this subsection.
(7) No patron shall directly pay or give any gratuity to any figure model or entertainer and no figure model or entertainer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial control over an adult or sexually oriented business (as that term is defined herein) shall permit any person, including employees, on the premises of the adult or sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks 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, except as otherwise provided in this article.
(y) Additional Regulations Concerning Public Nudity.
(1) It is a violation of this article for a person knowingly and intentionally to appear in a state of nudity in an adult or sexually oriented business or any other public place.
(2) It is a violation of this article for a person knowingly or intentionally, in an adult or sexually oriented business, to appear in a semi-nude condition unless the person is an employee who, while semi- nude, is upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest areas occupied by patrons.
(3) It is a violation of this article for any employee, figure model or entertainer, while semi-nude in an adult or sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee.
(4) It is a violation of this article for an entertainer, while semi-nude, to touch a patron or the clothing of a patron, or for a patron to touch a figure model or entertainer who is semi-nude.
(z) A copy of the development and performance standards contained in section
5.92 must be given by the owner of the adult or sexually oriented business to any and all operators, employees, entertainers, performers, figure models and security guards working on the premises at the time they are hired. A statement from each operator, employee, entertainer, performer, figure model and security guard acknowledging that they have received a copy of section
5.92 and have read the development and performance standards must be signed under the penalty of perjury by the individual and maintained by the owner of the business. The foregoing applicable requirements of this section shall be deemed conditions of adult or sexually oriented business permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.
(aa) At the end of the calendar year the permittee shall furnish to the city clerk a written statement containing the following: (i) whether the business devotes more than 25 percent of its retail inventory (not measured by the number of items but rather by the costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (ii) whether the business devotes more than 25 percent of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (iii) whether the retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25 percent of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to CDs or DVDs) for sale or rental, or; (iv) whether gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 25 percent of the total gross revenue for the combined materials. This written statement shall be signed by an officer, director or managing agent of the applicant and shall contain the following certification: "I declare under penalty of filing a false certificate or return, that this statement is made by me, that I am authorized to make such statement on behalf of the permittee, and that the annual gross receipt figures are true and correct to the best of my knowledge and belief."
(bb) No adult or sexually oriented business shall engage in or allow the sale, use, or consumption of any alcohol or liquor on the premises of the adult or sexually oriented business. It is a violation of this article for a person to engage in or allow the sale, use or consumption of any alcohol or liquor on the premises of any adult or sexually oriented business.
(Ord. No. 1094, Exh. B; Ord. No. 1126, § 3, Exh. B; Ord. No. 1234, § 2; Ord. No. 1240, § 2.)
