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HomeMy WebLinkAboutRES PC 2007 524 2007 0925RESOLUTION NO. PC- 2007 -524 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE REPEAL OF ORDINANCE NO. 166 AND THE ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 2007 -03 TO AMEND CHAPTER 17.20 TABLE 17.20.060A1 AND AMENDING SECTION 17.24.040 TO ADD SECTION 17.24.040N ADULT BUSINESS MINIMUM LOCATION REQUIREMENTS AND AMENDING CHAPTER 17.28 BY ADDING SECTION 17.28.050 ADULT BUSINESS PERMIT WHEREAS, Ordinance No. 166, adopted by the City Council on June 2, 1993 to establish regulations for adult entertainment facilities /business regulations, does not conform to the current law as it relates to the regulation of adult businesses; and WHEREAS, at its meeting of September 25, 2007, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2007 -03, to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements, and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the Moorpark Municipal Code, including the Moorpark Zoning Code, does not adequately address or regulate the existence or location of Adult Businesses the Council deems it is necessary and appropriate to amend to refine and update the appropriate zoning districts and locations for potential adult businesses and enhance the permitting and operational standards for adult businesses; and WHEREAS, the public health, safety and welfare of the City and its residents require the enactment of this ordinance and such operating standards for adult businesses in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of adult businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and /or patronize adult businesses; and WHEREAS, there is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential Resolution No. PC- 2007 -524 Page 2 areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and WHEREAS, based on the foregoing, the Planning Commission finds and determines that special regulation of adult businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in crime rates or to the deterioration of the areas in which they are located or surrounding areas. While the Planning Commission acknowledges that as of the date of this amendment no adult businesses have been established in the City, the need for such special regulations is nevertheless based upon the recognition that adult businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as residences, parks, schools and churches, thereby having a deleterious effect upon the adjacent areas. One of the purposes and intents of these special regulations is to prevent the concentration of adult businesses and thereby prevent such adverse secondary effects WHEREAS, the Planning Commission concurs with the Planning Director's determination that Zoning Ordinance Amendment 2007 -03 to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit and to repeal Ordinance No. 166 is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds that Zoning Ordinance Amendment 2007 -03, to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit, and the repeal of Ordinance No. 166, is consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council the repeal of Ordinance No. 166 and the adoption of Zoning Ordinance Amendment No. 2007 -03 to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit as recommended by staff and shown as Exhibits A, B, and C attached. Resolution No. PC- 2007 -524 Page 3 SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco and Hamous, Vice Chair Peskay and Chair Taillon NOES: None ABSTAIN: None ABSENT: Commissioner Landis PASSED, AND ADOPTED this 25th day of September, 2007. „-Mark illon, Chair David A. Bo ardt Planning Director Attachments: Exhibit A, Table 17.20.060A1 Exhibit B, Section 17.24.040N Exhibit C, Section 17.28.050 EXHIBIT A AMENDMENT OF THE MUNICIPAL CODE TITLE 17 ZONING. Title 17, Chapter 17.20 Uses by Zone, Section 17.20.060, Table 17.20.060 Permitted Uses in the Commercial and Industrial Zone, Section A.1. of the Moorpark Municipal Code is amended as shown below: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C -O C -1 CPD C- M -1 M -2 1 A. Retail and Service Uses C-2 OT I. Adult businesses when in compliance with sections 17.24.040N, section 17.28.050 and Chapter ZC ZC 5.18 The remainder of Table 17.20.060 remains unchanged. EXHIBIT B SECTION 17.24.040 N. Adult business minimum location requirements. In addition to meeting all requirements of section 17.28.050 and all requirements of chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located: 1. Within 500 feet of any property zoned R -1, R -2, RPD, or any lot where there is an actual residential use, whether inside or outside the city limits; and 2. Within 500 feet of any church, synagogue, mosque or other publicly recognized place of worship, whether inside or outside of the city limits; and 3. Within 500 feet of any public or private school or child care establishment, whether inside or outside the city limits; and 4. Within 500 feet of any public park or playground, or any city facility including but not limited to city hall, the city library, and any police or fire station; and 5. Within 500 feet of any property operating a business with a Type 40, 42, 48 or 61 on -site alcoholic beverage license; and limits. 6. Within 1000 feet of any other adult business whether inside or outside the city The distances specified in this subsection will be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. EXHIBIT C SECTION 17.28.050 ADULT BUSINESS PERMIT A. Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses. It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. B. Definitions. As used in this section: "Adult arcade" means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as "adult arcade devices." "Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult booth /individual viewing area" means a partitioned or partially enclosed portion of an adult business used for any of the following purposes- 1 . Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; 2. Where adult arcade devices are located. "Adult business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore, adult cabaret, adult model studio, , or adult theater. It also means any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult cabaret" means a business establishment (whether or not serving alcoholic beverages) that features adult live entertainment. "Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: 1. The performer (including but not limited to topless or bottomless dancers, go- go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas; or 2. The performance or physical human body activity depicts, describes, or relates to specified sexual activities whether or not the specified anatomical areas are covered. "Adult model studio" means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. Adult model studio does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the State of California. "Adult store" means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material. "Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Code compliance officer" means an officer or employee authorized by the governing body to enforce certain provisions of this section. "Director" means the community development director or the manager of the community development department of the city of Moorpark or the director's designee. "Establishment of an adult business" means any of the following: 1. The opening or commencement of any adult business as a new business; 2. The conversion of an existing business, whether or not an adult business, to any adult business; 3. The addition of any of the adult businesses defined herein to any other existing adult business; or 4. The relocation of any such adult business. "Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment. "On -site manager" means any person designated by the owner as responsible for the day -to -day on -site operation of the adult business. "Operate an adult business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises. "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 business or the conduct or activities occurring on such premises. "Owner" means all persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this section, each officer and director of a corporation and each stockholder holding more than five percent (5 %) of the stock of such corporation is deemed to be an owner. "Performer" means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business. "Person" means any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity. "Permittee" means any of the following: 1. The sole proprietor of an adult business; 2. Any general partner of a partnership that owns and operates an adult business; 3. The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or 4. The person designated by the officers of a corporation or the members of an limited liability company to be the permit holder for an adult business owned and operated by the entity. "Police chief' means the chief of the city of Moorpark police department or the police chief's designee. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity or which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; 2. Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Acts of human masturbation, sexual stimulation or arousal;, actual or simulated; 4. Human genitals in a state of sexual stimulation or arousal; 5. Use of human or animal ejaculation; 6. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage, or restraints; or 7. Excretory functions as part of, or in connection with, any of the activities listed in (1) to (7) of this definition. C. Permit required. It is unlawful for any person to establish or operate any adult business within the city without first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business registration from the city. The adult business permit will be subject to the development and operational standards of this section, section 17.24.040N and the regulations of the zoning district in which the business is located. D. Application submittals. 1. Application. Any person desiring to obtain an adult business permit must submit an application to the community development department on form(s) provided by the city. The application must contain, at a minimum, the following information regarding the owners and the following items: a. Name and address of all owners of the proposed adult business, collectively referred to hereafter as the "applicant." b. The previous residential addresses of all individual owners, if any, for a period of 5 years immediately prior to the date of filing the application and the dates of residence at each address. c. Written proof that all individual owners are at least 18 years of age. d. A five (5) year history of the applicant from the date of the application, as to the operation of any adult business or similar business or occupation. A statement as to whether or not such applicant, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefore. e. All criminal convictions or offenses described in Section 17.28.050F2j of the applicant; and whether the applicant is required to register under the provisions of Section 290 of California Penal Code or Section 11590 of the California Health and Safety Code. f. Written authorization giving the city, its agents and employees authorization to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. g. The height, weight, and color of eyes and hair of all applicants. h. Fingerprints and two (2) prints of a recent passport-size photograph of all applicants. i. Business, occupation or employment history of the applicants for the five (5) years immediately preceding the date of the application. j. A nonrefundable deposit or fee as set forth by city council resolution. k. A narrative description of the proposed business explaining how such business complies or will comply with the applicable development and operational standards specified in this section and section 17.24.040N. I. A site plan showing the building or unit proposed for the adult business, the distance required by section 17.24.040N of the surrounding area and a fully dimensioned interior floor plan showing how the business complies or will comply with the applicable development and operational standards specified in this section. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated engineering or architectural scale to an accuracy of plus or minus 6 inches. m. A photometric plan, in accordance with chapter 17.30, Lighting Regulations of the City of Moorpark Municipal Code for all outdoor areas including parking areas. n. If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the state of California. o. The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name. p. If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, as applicable, must consent to the filing of the application by signing and dating the application. If the property owner or lessor is more than one natural person, one such person must sign the application. If the property owner or lessor is a legal entity, a general partner, officer, director, member or other authorized person thereof must sign the application. q. A statement in writing and dated by the applicant certifying under penalty of perjury that the information contained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury. r. Such other information as the director may reasonably deem necessary. 2. Determination of completeness. The director will determine whether the application contains all the information and items required by the provisions of this section. If it is determined that the application is not complete, the applicant will be notified in writing within five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant will have thirty (30) business days to submit additional information to render the application complete. If within the thirty (30) business day period the applicant has not submitted the requested information the application will be void. Within five (5) business days following the receipt of an amended application or supplemental information, the director will again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn. The applicant will be notified within five (5) business days of the date of the application is found to be complete (hereafter "application date "). All notices required by this section will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided. E. Review of application. 1. The director will promptly cause the investigation of the complete application and within thirty (30) business days of the date of a complete application, either issue the permit or send by certified mail a written statement to the applicant setting forth the reasons for denial of the permit. If the director has not issued a decision on the application within thirty (30) business days of the date of a complete application, the application will be deemed approved, subject to an appeal under section 17.28.050M. 2. The director may deny the permit for any of the following reasons: a. An applicant has made one or more material misstatements in the application; b. The adult business, if permitted, will not comply with all applicable laws, including, but not limited to, the zoning, building, health, housing and fire codes of the city; c. An applicant has pled guilty, nolo contendere or been convicted within five (5) years of the application date of an offense specified in section 17.28.050F2j; d. An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for cause by any city, county or state within three (3) years of the application date; e. An applicant is under 18 years of age; f. The applicant failed to pay the filing fee required by this section. If the permit is denied, the director must state in writing the reasons for the denial and in the notice to the applicant must reference the applicant's right to an appeal under Section 17.28.050M. 3. The decision of the director to issue or deny a permit will be final unless an appeal is timely filed under Section 17.28.050M. F. Development and operational standards. 1. Development standards. a. Zoning compliance. The building in which an adult business is located must comply with all applicable setbacks and parking requirements of the applicable zoning district. b. Exterior lighting. All exterior areas, including parking lots regardless of the number of required parking spaces, of the adult business must be in compliance with chapter 17.30, Lighting Regulations of the Moorpark Municipal Code. Inoperable or broken lights must be replaced within 24- hours. c. Sound. The premises within which the adult business is located must provide sufficient sound - absorbing insulation so that noise generated inside such premises will 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 and shall be in compliance with chapter 17.53. Noise of the Moorpark Municipal Code. d. No minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Such notice must be constructed and posted to the satisfaction of the director and in compliance with chapter 17.40 Sign Regulations of the Moorpark Municipal Code. Persons under the age of 18 years may not be permitted within the premises at any time. e. Open indoor areas. All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times. Adult booths and individual viewing areas are prohibited. f. Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. This subsection does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material which is not used or viewed 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. g. Residential conversions prohibited. Residential structures may not be converted for use as an adult business. h. Portable structures prohibited. Adult business may not be located in any temporary or portable structure. 2. Operational standards. a. Hours. Adult business may not operate or be open for business between the hours of 2:00 a.m. and 9:00 a.m., b. Employment of minors prohibited. An owner or operator of any adult business may not employ or permit to be employed any person who is not at least 18 years of age. c. Presence of minors on premises prohibited. An owner or operator of an adult business may not allow or permit any person under the age of 18 years to enter, be in or remain in any such business. Operators must determine the age of persons who enter the premises by checking the driver's license or other authorized identification of such person. d. Screening of interior of premises and display of sexually oriented materials. No adult business may 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 applies to any display, decoration, sign, show window or other opening. No exterior door or window on the premises may be propped or kept open at any time while the business is open, and any exterior windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a manner approved by the director. e. Alcoholic beverages prohibited. Alcoholic beverages may not be served, consumed or sold on the premises of an adult business. f. Interior lighting. All areas of the adult business must be illuminated at a minimum of the following foot - candles, minimally maintained and evenly distributed at ground level: Area Foot - Candles Stores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which times lighting must be at least 1.25 foot Arcades candles. 10 Metels-16--te.- 20 OR DUbliG areas) Modeling studios 20 g. On -site manager -- security measures. 1. On -site manager. All adult businesses must have a responsible person who is over the age of 18 and is on the premises to act as manager at all times during which the business is open. Performers may not serve as a manager. The name of any individual designated as the on -site manager must be provided to the director in order to receive all complaints and be given the responsibility and duty by the owner or operator to address and immediately resolve all violations of law taking place on the premises. 2. Adult businesses must employ state licensed uniformed security guards in order to maintain the public peace and safety, based upon the following standards: i. Adult businesses featuring adult live entertainment and performers must provide at least 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 must be on duty. ii. Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in this section from occurring on the premises. 3. Security guards will have a duty to prevent violations of law and enforce compliance by patrons of the requirements of these regulations. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public and must be duly licensed as a security guard as required by applicable provisions of state law. No security guard required under this subsection may act as a door person, ticket seller, ticket taker, admittance person, performer or sole occupant of the manager's station while acting as a security guard. h. Adult live entertainment -- additional operating regulations. The following additional requirements apply to adult businesses providing adult live entertainment: 1. A person may not perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least eighteen inches (18 ") above the level of the floor, and surrounded by a three foot (3') high barrier or by a fixed rail at least thirty inches (30 ") in height. A distance of at least six feet (6'), measured horizontally, must be maintained between patrons and performers at all times during which a performer is revealing specified anatomical areas or depicting or engaging in specified sexual activities. Patrons may not be permitted on the stage while the stage is occupied by a performer. This provision does not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier. 2. A performer may not have physical contact with any patron, and patrons may not have physical contact with any performer, while the performer is performing on the premises. In particular, a performer may not have physical contact with a patron and a patron may not have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch (1") in size. If necessary, patrons must also be advised of the no touching requirements by employees or independent contractors of the establishment. 3. All employees and independent contractors of the adult business, except performers while performing on the fixed stage as provided in subparagraph 1 above, while on or about the premises, must wear at a minimum an opaque covering which covers their specified anatomical areas. 4. If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six feet (6) from the stage used by the performers. Patrons may not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage. Patrons must be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch (1 ") in size. 5. The adult business must provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers must use. Same gender performers may share a dressing room. Patrons are not permitted in dressing rooms. 6. The adult business must provide an entrance /exit to the establishment for performers that are separate from the entrance /exit used by patrons, and the performers must use this entrance /exit at all times. 7. The adult business must provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a minimum three foot (3') wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. The patrons must remain at least three feet (3') away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. i. Adult theater -- Additional operating requirements. The following additional requirements apply to adult theaters: 1. If the theater contains a hall or auditorium area, the area must comply with each of the following provisions: i. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area; ii. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area is visible from the aisle at all times; iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area; and iv. If an adult theater is designed to permit outdoor viewing by patrons seated in automobiles, it must have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right -of -way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence. j. No owner or operator of any adult business may have pled guilty, nolo contendere or been convicted within the past three (3) years of any of the following offenses or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b) and (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, as those sections may hereafter be amended. k. An owner, operator, employee or performer of an adult business may not personally solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of the adult business. I. Every adult business must display at all times during business hours the permit issued pursuant to the provisions of this section for such adult business in a conspicuous place so that the permit may be readily seen by all persons entering the adult business. G. Prohibited conduct at adult businesses. 1. A person may not operate or cause to be operated an adult business knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor: i. To engage in a lap dance with a patron at the business. ii. To contract or otherwise agree with a patron to engage in a couch dance, lap dance, or straddle dance with a person at the business. iii. To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity. iv. To voluntarily be within six feet (6') of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity. v. To solicit or request any gratuity, pay, or any other form of consideration from a patron on the premises of the adult- oriented business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity. 2. Persons at any adult business may not intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging or simulating a specified sexual activity at the adult business. 3. Persons at any adult business may not engage in a couch dance, lap dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity. 4. Person may not directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of consideration to a performer at an adult- oriented business. Person may not use an intermediary, such as an employee or independent contractor to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult- oriented business. 5. Employees or independent contractors of an adult business may not engage in a performance, solicit a performance, make a sale, provide a service, or solicit a service between the hours of 2 a.m. and 9 a.m. 6. Waiters or waitresses employed at an adult business may not appear on the premises thereof in the nude, seminude, or display or expose specified anatomical areas. H. Permit requirements -- effect of noncompliance. The requirements described in chapter 5.18.Adult Business Performer Permit are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this section. I. Permit duration. An adult business permit will be valid for a period of one (1) year from the date of issuance. J. Permit renewal. An adult business permit must be renewed on an annual basis, provided that the permittee and the adult business continues to meet all applicable requirements set forth in this section. A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least forty (45) calendar days prior to the expiration of the existing permit. The city will process a request for a permit renewal in the same manner as the original application. K. Permit transferability. Adult business permits may not be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the director in accordance with section 17.28.050D (including payment of the applicable application fee), and the director determines in accordance with section 17.28.050E that the transferee would be entitled to the issuance of the original permit. Without such amendment to the permit, any other purported sale, transfer, or assignment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or limited liability company is subject to the same rules of transferability. An adult business permit will be valid only for the exact location specified in the permit. L. Enforcement and revocation. 1. Inspections. All code compliance officers have the right to enter the premises of an adult business from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this section. 2. Revocation grounds. The director may revoke an adult business permit when: i. Any of the applicable requirements of this section ceases to be satisfied; or ii. The application is discovered to contain incorrect, false or misleading information; or iii. An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in section 17.28.050F2j; or iv. Any operator, employee, agent or contractor of the permittee has pled guilty, nolo contendere or been convicted on two or more occasions within a 12 -month period of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in section 17.28.050F2j; or v. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or vi. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or vii. The adult business has been operated in violation of any of the requirements of this section and; (a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the permittee, or (b) If the violation is of a noncontinuous nature, 1 or more additional violations of the same provision, or two (2) or more violations of any other of the provisions, of this section occur (regardless of whether notice of each individual violation is given to the permittee) within any 12 -month period. 3. Revocation notice. Upon determining that grounds for permit revocation exist, the director will furnish written notice of the proposed revocation to the permittee. Such notice must summarize the principal reasons for the proposed revocation and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the permittee files an appeal under section 17.28.050M. The notice must be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail to the permittee as that name and address appears on the permit. M. Appeals. 1. Any interested person may appeal a decision of the director regarding an application or revocation of an adult business permit by filing with the city clerk a complete notice of appeal within fifteen (15) calendar days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by city council resolution. 2. If an appeal is timely filed, the city council will at the next regularly scheduled city council meeting held more than five (5) calendar days after receipt of such notice of appeal, review the matter and determine whether the city council or a hearing officer will hear the appeal. 3. The city council or the hearing officer, as the case may be, must set a date, not less than five (5) calendar days, and not more than twenty -one (21) calendar days from the date such determination is made by the city council for the hearing of the appeal. The hearing may be continued for good cause. The hearing will be a de novo hearing on the action appealed from. 4. The hearing officer or city council will issue written findings and a decision within ten (10) calendar days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8. 5. The action by the hearing officer or city council will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. N. Reapplication after denial or revocation. 1. Reapplication after denial. An applicant for a permit under this section whose application for such permit has been denied may not reapply for a permit for a period of one (1) year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of one (1) year may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists. 2. Reapplication after revocation. No person may obtain an adult business permit for three (3) years from the date any order of permit revocation affecting such person has become final. O. Violations. 1. Any owner, operator, permitee, employee or independent contractor of an adult business violating or permitting the violation of any of the provisions of this section regulating adult businesses will be subject to any and all civil remedies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive. 2. In addition to the remedies set forth in subsection 1., any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. 3. The regulations imposed under this section are part of a regulatory permitting process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moorpark Municipal Code, the city does not impose a criminal penalty for violations of this section related to expressive activities. P. Regulations nonexclusive. The provisions of this section regulating adult businesses are not intended to be exclusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city.