PC Res 3895
RESOLUTION NO. 3895
BEING A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE CITY-INITIATED TEXT AMENDMENT
AMENDING SECTION 21.10.090 ELIMINATING THE M-1-A
(LIGHT INDUSTRIAL/ADULT ENTERTAINMENT OVERLAY)
ZONING DISTRICT AND ADDING A NEW SECTION 21.10.090
REQUIRING SEXUALLY ORIENTED BUSINESSES TO BE
RESTRICTED TO THE M-1 (LIGHT INDUSTRIAL) ZONING
DISTRICT, INCLUDING OVER-CONCENTRAION AND
LOCATIONAL CRITERIA AND AN AMORTIZATION CLAUSE;
DELETING THE REFERENCE TO M-1-A DISTRICT FROM
SECTION 21.04.020 AND DELETING SECTION 5.36.030 AND
REPLACING IT WITH A NEW CHAPTER 5.55 ESTABLISHING
NEW BUSINESS LICENSE REGULATIONS FOR SEXUALLY
ORIENTED BUSINESSES INCLUDING AN ADMINISTRATIVE
REVIEW BY THE POLICE DEPARTMENT SIMILAR TO THE
CURRENT PROCESS FOR MASSAGE ESTABLISHMENTS, AND
A PUBLIC NOTICE AND HEARING PROCESS.
After notification and public hearing as specified by law on the proposed City of
Campbell Text Amendment to Title 5 of the Campbell Municipal Code, and after
presentation by the Community Development Director, proponents and
opponents, the Planning Commission did determine that the adoption of the
proposed Text Amendments based upon the following findings:
The Planning Commission finds as follows with regard to approval of Text
Amendments to amend the Campbell Zoning Ordinance concerning Sexually
Oriented Businesses:
(a) The Planning Commission, in recommending adoption of this
ordinance, takes legislative notice of the existence and content of the following
studies concerning the adverse secondary side effects of Sexually-Oriented
Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City,
Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983);
Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona
(1979); Cleveland, Ohio (1977); Los Angeles, California (1977); Fort Worth, Texas
(2004); Los Angeles, California (2007); as well as a compilation of other studies
that can be found at www.secondaryeffectsresearch.com. The Planning
Commission finds that these studies are relevant to the problems addressed by
the City in enacting this ordinance to regulate the adverse secondary side effects
of Sexually-Oriented Businesses, and more specifically finds that these studies
provide convincing evidence that:
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 2
(1) Sexually-Oriented Businesses are linked to increases in the
crime rates in those areas in which they are located and in surrounding areas.
(2) Both the proximity of Sexually-Oriented Businesses to
sensitive land uses and the concentration of Sexually-Oriented Businesses tend to
result in blight and deterioration of the areas in which they are located.
(3) The proximity and concentration of Sexually-Oriented
Businesses adjacent to residential, recreational, religious, educational uses, as
well as proximity to other Sexually-Oriented Business uses can have adverse
secondary effects on local businesses and residences.
(4) There is substantial evidence that an increase in crime tends
to accompany, concentrate around, and be aggravated by Sexually-Oriented
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 convincing evidence that
Sexually-Oriented Businesses which are not regulated as to permissible locations
often have a deleterious effect on nearby businesses in residential areas, causing,
among other adverse secondary effects, an increase in crime and a decrease in
property values.
(b) Based on the foregoing, the Planning Commission of the City of
Campbell finds and determines that special regulation of Sexually Oriented
Businesses is necessary to ensure that their adverse secondary side effects will
not contribute to an increase in crime rates or to the blighting or deterioration of the
areas in which they are located or surrounding areas. The need for such special
regulations is based upon the recognition that Sexually-Oriented 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 parks, schools, churches, thereby having a deleterious
effect upon the adjacent areas. It is the purpose and intent of these special
regulations to prevent the concentration of Sexually-Oriented Businesses and
thereby prevent such adverse secondary side effects.
(c) The locational requirements established by this ordinance do not
unreasonably restrict the establishment or operation of constitutionally protected
Sexually Oriented Businesses in the City of Campbell, and a sufficient reasonable
number of appropriate locations for Sexually Oriented Businesses are provided by
this ordinance. The Planning Commission also recognizes and relies on
information regarding adult uses located ten (10) minutes driving time from the
City of Campbell along Bascom Avenue between Highway 280 and San Carlos
Boulevard, as well as other facilities located within 10-30 minutes driving time in
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 3
the cities of San Jose and Sunnyvale. As well, the Planning Commission takes
note that Campbell is a commuter community and generally adults travel an
average 10 to 40 minutes for entertainment venues or to make retail purchases.
The Planning Commission also notes that adult uses have succeeded in
industrial sections of the City of Sunnyvale. The Planning Commission also takes
note of the proliferation of adult material on the Internet and its availability as an
alternative avenue of communication. The Planning Commission also considers
and relies on published decisions examining the proliferation of communications
on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct.
2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many
Americans now transmit and receive sexually explicit communication is the
Internet]; Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir. 1996), cert.
denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment
challenge to a Baltimore ordinance restricting alcohol advertisements on
billboards acknowledging that the Internet is one available channel of
communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S.
v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing
the Internet as a medium for transmission of sexually explicit material in the
context of obscenity prosecutions]. The emergence of the Internet brings with it
a virtually unlimited additional source of sexually-oriented materials available to
interested persons in every community with a mere keystroke. An adult business
no longer has to be actually physically located in a city to be available in the
community.
(d) In developing this ordinance, the Planning Commission has been
mindful of legal principles relating to regulation of Sexually Oriented Businesses
and does not intend to suppress or infringe upon any expressive activities
protected by the First Amendments of the United States and California
Constitutions, but instead desires to enact reasonable time, place, and manner
regulations that address the adverse secondary effects of Sexually Oriented
Businesses. The Planning Commission has considered decisions of the United
States Supreme Court regarding local regulation of Sexually Oriented Businesses,
including but not limited to: Younq v. American Mini Theaters. Inc., 427 U.S. 50
(1976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41
(1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990);
Barnes v. Glenn Theater, 501 U.S. 560 (1991); United States Court of Appeals 9th
Circuit decisions, including but not limited to: Topanaa Press. et al. v. City of Los
Anoeles, 989 F.2d 1524 (1993); Kev. Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.
1986); Colacurcio v. City of Kent, 163 F .3d 545 (9th Cir. 1998), pet. For cert. Filed
(1999); several California cases including but not limited to: Tily B. v. City of
Newport Beach, 69 Cal.AppAth 1 (1998); City of National City v. Wiener, 3 Cal.4th
832 (1993); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of
Valleio v. Adult Books. et aI., 167 Cal.App.3d 1169 (1985); and other federal cases
including Lakeland Lounae v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255,
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 4
Hang On. Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on
.
Adult Entertainment (3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward
County (11th Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir.
1986) 779 F.2d 1074.
(e) The Planning Commission of the City of Campbell also finds that
locational criteria alone do not adequately protect the health, safety, and general
welfare of the citizens of the City of Campbell, and thus certain requirements with
respect to the ownership and operation of Sexually-Oriented Businesses are in the
public interest. In addition to the findings and studies conducted in other cities
regarding increases in crime rates, decreases in property values and the blighting
of areas in which such businesses are located, the Planning Commission also
takes legislative notice of the facts recited in the case of Kev. Inc. v. Kitsap County,
793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary
effects such as prostitution, drug dealing, and other law enforcement problems.
(f) The Planning Commission finds the following, in part based upon its
understanding of the documents and judicial decisions in the public record:
(1) Evidence indicates that some dancers, models and entertainers,
and other persons who publicly perform specified sexual activities or publicly display
specified anatomical parts in Sexually-Oriented Businesses (collectively referred to as
'performers') have been found to engage in sexual activities with patrons of Sexually-
Oriented Businesses on the site of the Sexually-Oriented Business;
(2) Evidence has demonstrated that performers employed by
Sexually-Oriented Businesses have been found to offer and provide private shows
to patrons who, for a price, are permitted to observe and participate with the
performers in live sex shows;
(3) Evidence indicates that performers at Sexually-Oriented
Businesses have been found to engage in acts of prostitution with patrons of the
establishment;
(4) Evidence indicates that fully enclosed booths, individual
viewing areas, and other small rooms whose interiors cannot be seen from public
areas of the establishment regularly have been found to be used as a location for
engaging in unlawful sexual activity;
(5) As a result of the above, and the increase in incidents of AIDS
and Hepatitis B, which are both sexually transmitted diseases, the City has a
substantial interest in adopting regulations which will reduce, to the greatest extent
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 5
possible, the possibility for the occurrence of prostitution and casual sex acts at
Sexually-Oriented Businesses.
(g) Zoning, licensing and other police power regulations are legitimate,
reasonable means of accountability to help protect the quality of life in the
community of Campbell and to help assure that all operators of Sexually-Oriented
Businesses comply with reasonable regulations and are located in places that
minimize the adverse secondary effects which naturally accompany the operation
of such businesses.
(h) The Planning Commission of the City of Campbell recognizes the
possible harmful effects on children and minors exposed to the effects of such
Sexually-Oriented Businesses and the deterioration of respect for family values,
and the need and desire of children and minors to stay away from and avoid such
businesses, which causes children to be fearful and cautious when walking
through or visiting the immediate neighborhood of such businesses; and the
Planning Commission desires to minimize and control the adverse secondary side
effects associated with the operation of Sexually-Oriented Businesses and thereby
protect the health, safety, and welfare of the citizens of Campbel!; protect the
citizens from increased crime; preserve the quality of life; preserve property values
and the character of surrounding neighborhoods and businesses; deter the spread
of urban blight and protect against the threat to health from the spread of
communicable and sexually transmitted diseases.
(i) It is not the intent of the Planning Commission of the City of
Campbell in recommending adoption of this ordinance, or any provision thereof, to
condone or legitimize the distribution of obscene material, and the City of
Campbell recognizes that state law prohibits the distribution of the obscene
materials and expects and encourages law enforcement officials to enforce state
obscenity statutes against such illegal activities in the City of Campbell.
G) Nothing in this ordinance 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 statute of the State of Califomia regarding
public nuisances, unlawful or indecent exposure, sexual conduct, lewdness,
obscene or harmful matter or the exhibition or public display thereof.
(k) The City of Campbell finds the following in part, based upon its
understanding of the documents and judicial decisions in the public record:
(1) Evidence indicates that some dancers, models, entertainers,
and other persons who publicly perform Specified Sexual Activities or publicly
display Specified Anatomical Parts in Sexually-Oriented Businesses (as those
terms are defined herein) (collectively referred to as "Performers") have been
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 6
found to engage in sexual actiyities with patrons of Sexually-Oriented Businesses
on the site of the Sexually-Oriented Business;
(2) Evidence has demonstrated that Performers employed by
Sexually-Oriented Businesses have been found to offer and provide private shows
to patrons who, for a price, are permitted to observe and participate with the
Performers in live sex shows;
(3) Evidence indicates that Performers at Sexually-Oriented
Businesses have been found to engage in acts of prostitution with patrons of the
establishment; and
(I) In prohibiting public nudity in Sexually-Oriented Businesses, the
Planning Commission does not intend to proscribe the communication of erotic
messages or any other communicative element or activity, but rather only to
prohibit public nudity due to the secondary impacts associated with such public
nudity; and
(m) The Planning Commission also finds, as a wholly independent basis,
that it has a substantial public interest in preserving societal order and morality,
and that such interest is furthered by a prohibition on public nudity; and
(n) While the Planning Commission desires to protect the rights conferred
by the United States Constitution to Sexually-Oriented Businesses, it does so in a
manner that ensures the continued and orderly development of property within the
City and diminishes, to the greatest extent feasible, those undesirable secondary
effects which the aforementioned studies have shown to be associated with the
development and operation of Sexually-Oriented Businesses; and
(0) The Planning Commission finds that preventing the exchange of money
between entertainers and patrons also reduces the likelihood of drug and sex
transactions occurring in Sexually-Oriented Businesses; and
(p) Requiring separations between entertainers and patrons reduces the
likelihood that such persons will negotiate narcotics sales and/or transact sexual
favors within the Sexually-Oriented Business.
(q) Enclosed or concealed booths and dimly-lit areas within Sexually-
Oriented Businesses greatly increase the potential for misuse of the premises,
including unlawful conduct of a type which facilitates transmission of disease.
Requirements that all indoor areas be open to yiew by management at all times,
and that adequate lighting be provided are necessary in order to reduce the
opportunity for, and therefore the incidence of illegal conduct within Sexually-
Planning Commission Resolution No. 3895
Text Amendment - Sexually-Oriented Businesses
Page 7
Oriented Businesses, and to facilitate the inspection of the interior of the premises
thereof by law enforcement personnel.
IT IS HEREBY RESOLVED that the Planning Commission of the City of
Campbell to:
· Amend Section 21.10.090 eliminating the M-1-A (Light Industrial/Adult
Entertainment Overlay) Zoning District and adding a new Section 21.10.090
requiring Sexually-Oriented Businesses to be restricted to the M-1 (Light
Industrial) Zoning District, including over-concentration and locational criteria
and an amortization clause (Exhibit A);
· Delete the reference to M-1-A District from Section 21.04.020; (Exhibit B);
and
· Delete Section 5.36.030 and replace it with a new Chapter 5.55 establishing
new business license regulations for Sexually-Oriented Businesses, including
an administrative review by the Police Department similar to the current
process for massage establishments, and a public notice and hearing
process; per (Exhibit C).
PASSED AND ADOPTED this 10th day of June, 2008, by the following roll call
vote:
AYES:
Commissioners:
Alderete, Doorley, Ebner, Gairaud, Gibbons,
Rocha and Roseberry
None
None
None
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
APPROVED:
Bob Roseberry, Chair
ATTEST:
, Acting Secretary
Exhibit A
Page 1 of3
DRAFT SEXUALL V-ORIENTED BUSINESSES ZONING REGULATIONS
All reference to the M-1-A zoning district is hereby deleted from Campbell Municipal
Code Section 21.04.020.
Section 21.10.090 of the Campbell Municipal Code is hereby amended to read as
follows:
21.10.090 - Sexually-Oriented Businesses
Community-wide adverse economic impacts, increased crime, decreased property
values, and the deterioration of neighborhoods which can be brought about by the
concentration of Sexually-Oriented Businesses in close proximity to each other or
proximity to other incompatible uses such as schools for minors, churches, parks, and
residentially zoned districts or uses. The City Council finds that it has been
demonstrated in various communities that the concentration of Sexually-Oriented
Businesses causes an increase in the number of transients in the area, and an increase
in crime, and in addition to the effects described above can cause other businesses and
residents to move elsewhere. It is, therefore, the purpose of this section to establish
reasonable and uniform regulations to prevent the concentration of Sexually-Oriented
Businesses or their close proximity to incompatible uses, while permitting the location of
Sexually-Oriented Businesses in certain areas.
A. Definitions.
1. Municipal Code. As used herein, the terms and phrases shall have the same
meaning as defined in Chapter 5.55 of the Municipal Code.
2. Establishment of Sexually-Oriented Business. As used herein, to "establish"
A Sexually-Oriented Business shall mean and include any of the following:
a. The opening or commencement of any Sexually-Oriented Business as a new
business;
b. The conversion of an existing business, whether or not A Sexually-Oriented
Business, to any Sexually-Oriented Business defined herein;
c. The addition of any of the Sexually-Oriented Businesses defined herein to
any other existing Sexually-Oriented Business; or
d. The relocation of any such Sexually-Oriented Business.
B. Locational Requirements. No Sexually-Oriented Business shall be established or
located in any zone in the City other than the M-1 (Light Industrial) zoning district,
and shall not be within certain distances of certain specified land uses or zones as
set forth below:
Exhibit A
Page 2 of3
1. Required distance from other Sexually-Oriented Businesses. No such
business shall be established or located within 300 feet of any other Sexually-
Oriented Business;
2. Required distance from other specified uses. No such business shall be
established or located within 300 feet from any existing schools for minors,
churches or religious institutions, parks, and residentially zoned districts or uses;
and
3. Measurement of distance. The distances set forth above shall be measured as
a radius from the primary entrance of the Sexually-Oriented Business to the
property lines of the property so zoned or used without regard to intervening
structures.
C. Amortization of nonconforming Sexually-Oriented Business uses. Any use of
real property lawfully existing on the effective date of this section, which does not
conform to the provisions of this section, but which was constructed, operated, and
maintained in compliance with all previous regulations, shall be regarded as a
nonconforming use which may be continued for two years after the effective date of
the ordinance that adopted this paragraph C. On or before such date, all such
nonconforming uses shall be terminated unless an extension of time has been
approved by the Planning Commission in compliance with the provisions of
paragraph D, below.
1. Abandonment. Notwithstanding the above, any discontinuance or
abandonment of the use of any lot or structure as A Sexually-Oriented Business
shall result in a loss of legal nonconforming status of such use.
2. Annexed property. Any Sexually-Oriented Business which was a legal use at
the time of annexation of the property and which is located in the City, but which
does not conform to the provisions of paragraph B, above, shall be terminated
within one year of the date of annexation unless an extension of time has been
approved by the Planning Commission in compliance with the provisions of
paragraph D, below.
D. Extension of time for termination of nonconforming use. The owner or operator
of a nonconforming use as described in paragraph C, above, may apply under the
provisions of this section to the Planning Commission for an extension of time within
which to terminate the nonconforming use.
1. Time and manner of application. An application for an extension of time within
which to terminate a use made nonconforming by the provisions of paragraph C,
above, may be filed by the owner of the real property upon which such use is
operated, or by the operator of the use. Such an application must be filed with
the Community Development Department at least 90 days but no more than 180
Exhibit A
Page 3 of3
days prior to the time established in paragraph C, above, for termination of such
use.
2. Content of application and required fees. The application shall state the
grounds for requesting an extension of time. The filing fee for such application
shall be the same as that for a variance as is set forth in the schedule of fees
established by resolution from time to time by the City Council.
3. Hearing procedure. A hearing shall set on the matter before the Planning
Commission for within 45 days of receipt of the application. All parties involved
shall have the 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 decision of the Planning Commission shall be final and subject to
judicial review in compliance with Code of Civil Procedure Section 1094.8.
4. Approval of extension and required findings. An extension under the
provisions of this section shall be for a reasonable period of time commensurate
with the investment involved, and shall be approved only if the Planning
Commission makes all of the following findings or such other findings as are
required by law:
a. The applicant has made a substantial investment (including but not limited to
lease obligations) in the property or structure on or in which the
nonconforming use is conducted; such property or structure cannot be readily
converted to another use; and such investment was made prior to the
effective date of this section;
b. The applicant will be unable to recoup said investment as of the date
established for termination of the use; and
c. The applicant has made good faith efforts to recoup the investment and to
relocate the use to a location in conformance with paragraph B, above.
EXHIBIT B
21.04.020 Zoning districts established.
The City of Campbell shall be divided into appropriate zoning districts that directly
correspond to the land use designations outlined in the land use element of the General
Plan.
TABLE 2-1
ZONING DISTRICTS AND GENERAL PLAN DESIGNATIONS
Zone Map Zoning District Name 'Ir-~Generai~PTan Land Use De"signa'iio-nw-I
Symbol Dwelling Units/Acre I
IResidential zo;;;;;goiStrlcts- ____Llmpler11El1l1ed b~~i~!lD~strict --I
"R~'1"~'1'O,"'16 .. .. ... '1'~~~~~~~~~'i~i'~1i'~'~~OI~[~i~~ooo .......................I.~~5w...Density..Residential.:"'Less"'than I
: Id.u./gross acre
-8, 9 Sin gle- F am ily,'a,OOO"or'g:OOO' sq uare' [Low Density'Res idential~Less.than'.~..
foot minimum lot size 14.5
jd.u./gross acre
rR~1~_....m.~!Singie~Fam~~6.,OOO square foot IILOW Density' Residential, L-ess than6~'
i Iminimum lot size d.u./gross acre
:,i R-D-'--~'lTWoFamily District.-.------.-.----.'. [Low-::Medium' Density Residentiai,-6~--
,I 113 d.u./gross acre
'R-M Multiple-Family . rLOW~MediumDensityResidential:6~ ......
113 d.u./acre
R-2 ........ .....--..IMuitip.le~Family"--,._-'-"""-..,-"'--"- 1~:~~c~~Density Residential;'14=20'-
:R-3 ..... . mm._ Multiple-Family IHigh'Density-Residentiai,21~27
Id.u./acre
,Commercial Zoning Districts
[P:'O'-'~'-~ [ProfesSiOil8l0ffice'..------'m....-.,'-....'lp;:Ofessional.Offlce_..__.._m.._.____~_,~
C-1 INeighborhood Commercial INeighborhood Commercial
ie-2' .... [GeneraTCommerciai' ...... ........jGeneraIComm.erciai..
C~3.---ICentrai~Business District rcentrnlCom'merclal
Zoning Districts
IC-M . ........................ ..IControlledManufacturing......... [ResearchandDe~eiopment'
fM-=1"~'-'~-~ fLight Industrial....-...-~'---_.-_.-----.,. [i:.lghTirldustri8l-..---.... ...__.........-
1M4-A ILight Industrial/Adult Entertainment [Light Industrial
Purpose Zoning Districts
lc-PD----- [Condom inium Planned Developrrlerlt-' r-----------
Ip-D ~..-IPlanned Development
P-F .. !PublicFacilities' .. ... . .. [Institutional
,_......m...._......'...._......... r,.-'.-.....'.m...----.'-'-'........-'.--....-....---......-.....-'..'-....-..-......1.....-..-.-.-............--...
.P-F/O-S jPublic Facilities/Open Space Open Space
,Overlay/Combining Districts
iHwW . . "'WW [HistoricPrese;VatiC;n ......... ........................................... [ ..
,--.......__m__w I ..~.._~___.._mm_.w_.mm._...-r.....m_...
iO Overlay District
(Ord. 2043 91 (part), 2004).
Exhibit C
Page 1 of17
DRAFT SEXUALL V-ORIENTED BUSINESSES REGULATIONS
Section 5.36.030 of the Campbell Municipal is hereby deleted.
Section 5.36.040 is hereby amended to read:
5.36.040 Obscenity prohibited.
(a) Obscenity is prohibited within the city limits of the City of Campbell.
(b) "Obscenity" is defined as any act, work, presentation or display that depicts,
describes or presents sexual conduct in a patently offensive manner according to
contemporary community standards, and which, taken as a whole, lacks serious
literary, artistic, political or scientific value. "Patently offensive sexual conduct"
includes:
(1) Representations or descriptions of ultimate sexual acts, or other sexual acts
specifically prohibited by law;
(2) Representations of masturbation, excretory functions and lewd exhibitions of the
genitals; and
(3) Scenes wherein artificial devices or inanimate objects are employed to depict, or
drawings are employed to portray, any of the prohibited activities described above.
Chapter 5.55 of the Campbell Municipal Code is hereby added to read as follows:
5.55.010. LEGISLATIVE PURPOSE.
It is the purpose of this ordinance to regulate Sexually-Oriented Businesses in
order to promote the health, safety, morals, and general welfare of the citizens of the
City. The provisions of this ordinance have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including
Sexually-Oriented materials. Similarly, it is not the intent nor effect of this ordinance to
restrict or deny access by adults to Sexually-Oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of Sexually-Oriented
entertainment to their intended market. Neither is it the intent nor effect of this
ordinance to condone or legitimize the distribution of obscene material.
5.55.020. DEFINITIONS.
For the purpose of this chapter the words and phrases shall have the same
meanings respectively ascribed to them by this section:
(a) Sexually-Oriented Businesses. "Sexually-Oriented Businesses" means
anyone of the following:
(1) Sexually-oriented arcade. The term "sexually-oriented arcade" as
used in this chapter, is an establishment where, for any form of consideration, one or
more still or motion picture projectors, computers or similar machines, for viewing by
fiye (5) or fewer persons each, are used to show films, computer generated images,
Exhibit C
Page 2 of 17
motion pictures, video cassettes, slides or other photographic reproductions thirty (30)
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) Sexually-oriented bookstore. The term "sexually-oriented
bookstore" as used in this chapter, is an establishment that has thirty (30) percent or
more of its stock in books, magazines, periodicals or other printed matter, or of
photographs, films, motion pictures, video cassettes, CDs, DVDs, 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) Sexually-oriented cabaret. The term "sexually-oriented cabaret" as
used in this chapter, means a nightclub, 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 ft3atures persons who appear
semi-nude; and/or (3) shows films, computer generated images, motion pictures, video
cassettes, slides, or other photographic reproductions thirty (30) 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) Sexually-oriented hotel/motel. The term "sexually-oriented
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 (30) 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 (6) hour
period, or rents, leases, or lets any single room more than twice in a 24-hour period.
(5) Sexually-oriented motion picture theater. The term "sexually-
oriented 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 (30) 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) Sexually-oriented retail. The term "sexually-oriented retail" as used
in this chapter, means an establishment, business or concern which sells, rents,
displays, exhibits or offers for sale any "erotic device," as that term is defined in this
section.
Exhibit C
Page 3 of 17
(7) Sexually-oriented theater. The term "sexually-oriented 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.
(8) Modeling studio. The term "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) Sexually-Oriented Business Operator. "Sexually-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 a Sexually-Oriented Business or the conduct or activities occurring on the
premises thereof.
(c) Applicant. 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 a Sexually-Oriented
Business.
(d) Church. The term "church" as used in this chapter, is a structure that is
used primarily for religious worship and related religious activities.
(e) Distinguished or characterized by an emphasis upon. As used in this
ordinance, the term "distinguished or characterized by an emphasis upon" shall mean
and refer 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 Prinale v. City of Covina, 115 Cal.App.3 151 (1981).
(f) Erotic device. The term "erotic device," as used in this chapter, means
products that are replicas of, or which simulate "specified anatomical areas," or goods
designed or reasonably intended to be placed on or in "specified anatomical areas" or
reasonably intended to be used in conjunction with "specified sexual activities,."
including but are not limited to, devices that are physical representations of the human
genital organs, and devices with non-sex related utility being marketed or offered for
Exhibit C
Page 4 of 17
sale or rent in a manner promoting sexual or sadomasochistic uses, including, but not
limited to, leather whips, straps, harnesses, restraints and ligatures. Notwithstanding
the foregoing definition, the following items are expressly excluded from the definition
of "erotic device": (1) devices primarily intended for protection against sexually
transmitted diseases or for preventing pregnancy; (2) candles and incense; (3) body
oils, creams and lotions; (4) lingerie, stockings and undergarments or articles of
clothing; (5) massage devices that are not replicas of human genital organs; (6) health
care or personal hygiene products; and (7) food products.
(g) Figure model. "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. The Health Officer of the City of Campbell or his or her
duly authorized representative.
(i) Nudity or a state of nudity. "Nudity or a state of nudity" means the
showing of the human male or female genitals, pubic area, or buttocks 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.
U) Operate a Sexually-Oriented Business. As used in this article "operate A
Sexually-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 a Sexually-Oriented Business or activities within a Sexually-Oriented
Business.
(k) Permittee. "Permittee" means the person to whom a Sexually-Oriented
Business Permit is issued.
(I) Person. Any individual, partnership, copartnership, firm, association, joint
stock company, corporation, or combination of the above in whatever form or character.
(m) Police Chief. The Police Chief of the City of Campbell or the authorized
representatives thereof.
(n) Regularly Features. The term "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 (2)
or more occasions within a thirty (30) day period; three (3) or more occasions within a
sixty (60) day period; or four (4) or more occasions within a one hundred and eighty
(180) day period, shall to the extent permitted by law be deemed to be a regular and
substantial course of conduct.
Exhibit C
Page 5 of 17
(0) School. The term "school" as used in this ordinance, is any child or day
care facility, or an 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. 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, areola of the female breast, as well as portions of
the body covered by supporting straps or devices.
(q) Specified anatomical areas. As used herein, "specified anatomical areas"
shall mean and include 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 herein, "specified sexual activities"
shall mean and include 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 subdivision (1) through (3) of this subsection.
5.55.030. PERMITS REQUIRED.
It shall be 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 any premises in the City of Campbell,
the operation of a Sexually-Oriented Business unless the person first obtains and
continues to maintain in full force and effect a permit from the City of Campbell as
herein required. (Sexually-Oriented Business Permit)
Exhibit C
Page 60f17
5.55.040. SEXUALLY-ORIENTED BUSINESS PERMIT REQUIRED.
Every person who proposes to establish, maintain, operate or conduct a
Sexually-Oriented Business in the City of Campbell shall file an application with the
Police Chief upon a form provided by the City of Campbell and shall pay a filing fee,
as established by resolution adopted by the City Council from time to time, which shall
not be refundable.
5.55.050. APPLICATIONS.
(a) Sexually-Oriented Business Permits are nontransferable, except in
accordance with 5.55.080. 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 (18) 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
office 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 (10) percent or greater interest in the business entity shall sign the application.
.$-
(c) If the applicant intends to operate the Sexually-Oriented Business under a
name other than that of the applicant, the applicant shall file the fictitious name of the
Sexually-Oriented Business and show proof of registration of the fictitious name.
(d) A description of the type of Sexually-Oriented Business for which the
Permit is requested and the proposed address where the Sexually-Oriented Business
will operate, plus the names and addresses of the owners and lessors of the Sexually-
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 Sexually-Oriented Business.
Exhibit C
Page 7 of 17
(g) A sketch or diagram showing the interior configuration of the premises,
including a statement of the total floor area occupied by the Sexually-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 (6) inches.
(h) A certificate and straight-line drawing prepared within thirty (30) days prior
to application depicting the building and the portion thereof to be occupied by the
Sexually-Oriented Business, and: (1) the property line of any other Sexually-Oriented
Business within 300 of the primary entrance of the Sexually-Oriented Business for
which a Permit is requested; and (2) the property lines of any church, school, park,
residential zone or use within 300 of the primary entrance of the Sexually-Oriented
Business.
(i) A diagram of the off-street parking areas and premises entries of the
Sexually-Oriented Business showing the location of the lighting system required by
Section 5.55.050(c).
U) If the Police Chief determines that the applicant has completed the
application improperly, or otherwise deems the application to be incomplete, the Police
Chief shall, within ten (10) 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 (10) days or less to submit a complete application. In addition, the applicant may
request an extension, not to exceed ten (10) days, of the time for the Police Chief 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 or City permits
or licenses does not exempt the applicant from the requirement of obtaining a Sexually-
Oriented Business Regulatory Permit.
5.55.060. INVESTIGATION AND ACTION ON APPLICATION.
(a) Upon receipt of a completed application and payment of the application
and Permit fees, the Police Chief shall immediately stamp the application as received
and promptly investigate the information contained in the application to determine
whether the applicant shall be issued a Sexually-Oriented Business Permit.
(b) Within thirty (30) days of receipt of the completed application, the Police
Chief 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 Police Chief shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
Exhibit C
Page 8 of 17
(2) If the application is denied, the Police Chief shall attach to the
application a statement of the reasons for denial.
(3) If the application is granted, the Police Chief shall attach to the
application a Sexually-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 Police Chief shall grant the application and issue the Sexually-
Oriented Business Permit upon findings that the proposed business meets the
locational criteria of Section 21.10.090.B; unless the application is denied for one or
more of the reasons set forth in Section 5.55.070.
(d) If the Police Chief neither grants nor denies the application within thirty
(30) days after it is stamped as received (except as provided in Section 5.55.0500),
the applicant may begin operating the Sexually-Oriented Business for which the
Permit was sought, subject to strict compliance with the requirements of this Code.
5.55.070. PERMIT DENIAL.
The Police Chief 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 Business Permit.
(b) An applicant is under eighteen (18) years of age.
(c) The required application fee has not been paid.
(d) The Sexually-Oriented Business does not comply with the zoning
ordinance locational standards, sections 21.1 0.090.B - D.
Each Sexually-Oriented Business Permit shall expire one (1) year from the date
of issuance, and may be renewed only by filing with the Police Chief 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 (30) days before the
expiration date of the Permit. When made less than thirty (30) 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.
Exhibit C
Page 9 of 17
5.55.080. TRANSFER OF SEXUALLY-ORIENTED BUSINESS PERMITS.
(a) A permittee shall not operate a Sexually-Oriented Business under the
authority of a Sexually-Oriented Business Permit at any place other than the address of
the Sexually-Oriented Business stated in the application for the Permit.
(b) A permittee shall not transfer ownership or control of A Sexually-Oriented
Business or transfer A Sexually-Oriented Business Permit to another person unless and
until the transferee obtains an amendment to the Permit from the Police Chief stating
that the transferee is now the permittee. Such an amendment may be obtained only if
the transferee files an application with the Police Chief in accordance with Sections
5.55.040 and 5.55.050, accompanies the application with a transfer fee in an amount
set by resolution of the City Council, and the Police Chief determines in accordance with
Section 5.55.060 that the transferee would be entitled to the issuance of an original
Permit.
(c) No Permit may be transferred when the Police Chief 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 hereby declared void, and the Permit shall be deemed revoked.
5.55.090. 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 Police Department within five (5) 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 (2) recent color passport-
quality photographs and, at the discretion of the Police Chief, shall allow himself or
herself to be fingerprinted by the Police Department for purposes of identification. In
addition, each new employee shall provide the following information on a form provided
by the Police Department:
(1 )
(2)
(3)
(4)
previous two years.
Name, current resident address, telephone number.
Date of birth.
Height, weight, color of eyes and hair.
Stage name (if applicable) and other aliases used
within the
(c) The information provided for purposes of this section shall be maintained
by the Police Department as confidential information, and shall not be disclosed as
public records unless pursuant to subpoena issued by a court of competent jurisdiction.
Exhibit C
Page 10 of17
(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 any Police Officer for
purposes of determining compliance with the requirements of this section.
(e) Failure to register each new employee within five (5) 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.
5.55.100. SUSPENSION OR REVOCATION OF SEXUALLY-ORIENTED BUSINESS
REGULATORY PERMITS.
A Sexually-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 Police Chief
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 notice 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 (10) days prior to the hearing date. Hearings shall be
conducted in accordance with procedures established by the Police Chief, 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 Police Chiefs decision may be appealed in accordance with Section
5.55.110.
(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 A Sexually-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 City.
(2) The Permittee, employee, agent, partner, director, stockholder, or
manager of A Sexually-Oriented Business has knowingly allowed or permitted, and has
Exhibit C
Page 11 of17
failed to make a reasonable effort to prevent the occurrence of any of the following on
the premises of the Sexually-Oriented Business:
(i) Any act of unlawful sexual intercourse, sodomy, oral
copulation, or masturbation.
(ii) Use of the establishment as a place where unlawful
solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly
occur.
(iii) Any conduct constituting a criminal offense that requires
registration under Section 290 of the California Penal Code.
(iv) 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.
(v) 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.
(vi) Any conduct prohibited by this chapter.
(3) Failure to abide by any disciplinary action previously imposed by
an appropriate City official.
(c) After holding the hearing in accordance with the provisions of this Section,
if the Police Chief finds and determines that there are grounds for disciplinary action,
based upon the severity of the violation, the Police Chief 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.
5.55.110. REVIEW OF DENIAL. SUSPENSION OR REVOCATION.
After denial of an application for a Sexually-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 prompt judicial
review of such administrative action pursuant to California Code of Civil Procedure
Section 1094.8. The City shall make all reasonable efforts to expedite judicial reyiew.
Exhibit C
Page 12 ofl7
5.55.130. SEXUALLY-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 the Fire Department and building
regulations and standards adopted by the City of Campbell.
(b) No 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 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 premise entries of the sexually-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 (1) 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 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.
(d) The premises within which the 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.
(e) A Sexually-Oriented Business shall be open for business only between
the hours of 8:00 a.m. and midnight on any particular day.
(g) The building entrance to a Sexually-Oriented Business shall be clearly
and legibly posted with a notice indicating that persons under eighteen (18) years of age
are precluded from entering the premises. Said notice shall be constructed and posted
to the satisfaction of the Community Development Director or designee. No person
under the age of eighteen (18) years shall be permitted within the premises at any time.
(h) All indoor areas of the Sexually-Oriented Business within which patrons
are permitted, except restrooms, shall be open to view by the management at all times.
(i) Any Sexually-Oriented business which is also an "adult arcade", shall
comply with the following provisions:
Exhibit C
Page 13 of 17
(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 restrooms.
Restrooms 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 (5) 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 restrooms, 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 Sexually-Oriented establishment.
G) All areas of the 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
Exhibit C
Page 14 of 17
Theaters and cabarets
Arcades
Motels/Hotels
Modeling studios
5 (except during performances, at
which times lighting shall be at least
1.25 foot Candles.)
10
20 (in public areas)
20
(k) The Sexually-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 paragraph shall
not apply to a Sexually-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.
(I) The following additional requirements shall pertain to Sexually-Oriented
Businesses providing live entertainment depicting Specified Anatomical Areas or
involving Specified Sexual Activities, except for businesses regulated by the Alcoholio
Beverage Control Commission:
(1) No person shall perform live entertainment for patrons of A
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 an entertainer. "Entertainer" shall mean any
person who is an employee or independent contractor of the Sexually-Oriented
Business, or any person who, with or without any compensation or other form of
consideration, performs live entertainment for patrons of a Sexually-Oriented Business.
(2) The Sexually-Oriented Business shall provide separate dressing
room facilities for entertainers which are exclusively dedicated to the entertainers' use.
(3) The Sexually-Oriented Business shall provide an entrance/exit for
entertainers, which is separate from the entrance/exit used by patrons.
(4) The Sexually-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 Sexually-
Oriented Business shall provide a minimum three (3) foot wide walk aisle for
entertainers between the dressing room area and the stage, with a railing, fence or
Exhibit C
Page 15 of 17
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 Sexually-Oriented
Business.
(6) Fixed rail(s) at least thirty (30) inches in height shall be
maintained establishing the separations between entertainers and patrons required by
this subsection.
(7) No patron shall directly payor give any gratuity to any entertainer
and no entertainer shall solicit any payor gratuity from any patron.
(8) No owner or other person with managerial control over a Sexually-
Oriented Business (as that term is defined herein) shall permit any person on the
premises of the 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.
(m) Sexually-Oriented Businesses shall employ security guards in order to
maintain the public peace and safety, based upon the following standards:
(1) 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 for each thirty-five (35) persons.
(2) Security guards for other Sexually-Oriented 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 Section 5.55.1 OO(b )(2) 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 Sexually-Oriented Business Regulatory Permit approvals, and failure to
Exhibit C
Page 16 of 17
comply with every such requirement shall be grounds for revocation of the Permit
issued pursuant to these regulations.
5.55.130. REGISTER AND PERMIT NUMBER OF EMPLOYEES.
(a) Every permittee of a Sexually-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 police office or health officer of the City of Campbell.
5.55.140. DISPLAY OF PERMIT.
(a) Every Sexually-Oriented Business shall display at all times during
business hours the permit issued pursuant to the provisions of this chapter for such
Sexually-Oriented Business in a conspicuous place so that the same may be readily
seen by all persons entering the Sexually-Oriented Business.
5.55.150. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS PROHIBITED.
(a) It shall be unlawful for any permittee, operator, or other person in charge
of any Sexually-Oriented Business to employ, or provide any service for which it
requires such permit, to any person who is not at least eighteen (18) years of age.
(b) It shall be unlawful for any permittee, operator or other person in charge of
any Sexually-Oriented Business to permit to enter, or remain within the Sexually-
Oriented Business, any person who is not at least eighteen years of age.
5.55.160. INSPECTION.
An applicant or Permittee shall permit representatives of the Police Department,
Health Department, Fire Department, Planning Division, or other City Departments or
Agencies to inspect the premises of A Sexually-Oriented Business for the purpose of
insuring compliance with the law and the development and performance standards
applicable to Sexually-Oriented Businesses, at any time it is occupied or opened for
business. A person who operates a Sexually-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.
Exhibit C
Page 17 of17
5.55.170. REGULATIONS NONEXCLUSIVE.
The provisions of this article regulating Sexually-Oriented Businesses are not
intended to be exclusive and compliance therewith shall not excuse noncompliance with
any other regulations pertaining to the operation of businesses as adopted by the City
Council of the City of Campbell.
5.55.180. TIME LIMIT FOR FILING APPLICATION FOR PERMIT.
All persons who possess an outstanding business license heretofore issued for
the operation of a Sexually-Oriented Business must apply for and obtain such a permit
within ninety (90) days of the effective date of this chapter. Failure to do so and
continued operation of a Sexually-Oriented Business, or the continued performances
depicting specified anatomical areas or specified sexual activities in a Sexually-Oriented
Business after such time without a permit shall constitute a violation of this chapter.
5.55.190. 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 City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of
the fact that anyone (1) or more subsections, subdivisions, paragraphs, sentences,
clauses, or phrases be declared unconstitutional, or invalid, or ineffective.