The purpose of this chapter is to provide criteria to safeguard property, safety, public welfare and the preservation of the peace of the community. It is the intent of the council that the operation of adult motion picture/video arcade and adult motion picture/video peep shows, as defined herein, should be regulated to minimize any detrimental effects upon adjacent land uses, including minimizing incidents of lewd conduct. (Prior code § 11-85)

A. This chapter shall apply to adult motion picture/video arcades as defined in Title 30 and adult motion picture/video peep shows as defined in Title 30.

B. Peep show or video arcade device means any electronically, electrically or mechanically controlled still or motion picture machine, projector or video tape machine, or other image-producing device which is operated by coin, slug, token or payment of a fee for the privilege of operating same, and which shows still or motion pictures, or video tape pictures, to five or fewer persons at any one time. It does not include a video game or similar electronic device which displays a computer-created image on a screen or any similar game of skill or amusement as defined in Section 5.20.020. (Prior code § 11-86)

No person shall operate an adult motion picture/video arcade or adult motion picture/video peep show unless a permit for the operation of said establishment setting forth the number of peep show or video arcade devices permitted has been issued by the city clerk.

B. Every person or corporation owning or operating an adult motion picture/video arcade or adult motion picture/video peep show shall pay a fee for the full twelve-month period from July 1st of each year to June 30th of the following year. Such fee shall be based upon the number of adult motion picture/video arcade or adult motion picture/peep show devices in the establishment. Any person applying for a permit for less than the full twelve months shall pay a prorated fee. Such fee shall be established and/or modified by resolution of the city council, pursuant to Section 5.08.160. (Prior code § 11-87)

A. All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee. Said fee shall be established and/or modified by resolution of the city council pursuant to Section 5.08.160.

B. No permit shall be issued unless and until all requirements as set forth in this chapter and as set forth by the city for use and occupancy permits have been met. (Prior code § 11-88)

A. No person or corporation shall operate an adult motion picture/video arcade or adult motion picture/video peep show unless any wall or partition which is situated so as to create a room, enclosure or booth, in which any peep show or video arcade device is located, is constructed or maintained of not less than one hour fire-resistive material in accordance with the Glendale building and safety code.

B. No person or corporation shall operate an adult motion picture/video arcade or adult motion picture/video peep show in which the width of the aisles in any room where a peep show or arcade device is located is less than forty-two inches.

C. No person or corporation shall operate an adult motion picture/video arcade or adult motion picture/video peep show unless there are no fewer than two doorways of a width not less than thirty-six inches and a height not less than six feet, eight inches which provide ingress or egress from any room in which a peep show or video arcade device is located. All such doorways shall be unlocked during business hours and shall be operable from the inside without the use of a key, special knowledge or effort. (Prior code § 11-89)

A. No adult motion picture/video arcade or adult motion picture/video peep show shall be maintained or operated unless the complete interior of the location where the pictures are viewed is visible upon entrance to such adult motion picture/video arcade or adult motion picture/video peep show. No fully concealed booths shall be maintained.

B. No person shall operate an adult motion picture/video arcade or adult motion picture/video peep show unless a light level of no less than two footcandles at floor level is maintained in every portion of such establishment to which patrons, users or visitors to the establishment are admitted.

C. Any adult motion picture/video arcade or adult motion picture/video peep show lawfully in existence prior to the adoption of this section, shall conform to the provisions of this section within three months of the effective date of the ordinance codified in this chapter. This section shall be applicable to any adult motion picture/video arcade or adult motion picture/video peep show establishment for which a building permit to construct or maintain booths, is issued subsequent to the effective date of this section. (Prior code § 11-90)

Any applicant(s) for a permit under this chapter shall submit an application in writing. Such application shall be accompanied by an affidavit of the applicant(s) which shall set forth the following information:

A. The full name, present address and telephone number of the applicant(s).

B. The full name, present address and telephone number of the premises where the business is to operate.

C. The two previous addresses immediately prior to the present address of the applicant(s).

D. The business occupation or employment of the applicant(s) for the three years immediately preceding the date of application.

E. The business license or permit history of the applicant(s) which includes whether the applicants were previously granted or denied a license or permit for a peep show or video arcade in this or another city or state, has had such a license or permit revoked or suspended, and the reason therefor.

F. All convictions and reasons therefor of the applicant(s).

G. The specific type of business use to be provided.

H. Applicant(s) shall provide necessary fingerprints and photographs to enable the police division to conduct an investigation as required.

I. In the event that the applicant(s) are other than natural persons, each and every officer and board member of the organization shall provide the information specified in subsections A through H of this section. (Ord. 5123 § 2, 1996)

A. Upon the filing of an application for the permit required under Section 5.12.030, the city shall cause an investigation to be made in order to ascertain what effect, if any, the issuance of such permit will have on the public peace, health and safety of the city and its inhabitants. The application shall be forwarded to the police division, zoning section, building section, fire division and the Los Angeles County health department, who will make their recommendations to the city manager.

B. The city manager shall deny or grant a permit to the applicant(s) for a period of one year based upon the recommendations submitted to the city manager providing that any recommendations for denial are based on any violations of law. Any falsification of information on the application shall result in the denial of the permit.

C. Any person aggrieved by an action of the city manager pursuant to the provision of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88. (Ord. 5123 § 3, 1996)

No person permitted to operate a peep show or video arcade device(s) as provided in this chapter shall operate under any name or conduct his or her business under designation not specified in his or her permit. (Ord. 5123 § 4, 1996)

A. For the purpose of this chapter, it shall be grounds for revocation of the permit for any person in control of or having management of any place or activity for which a permit is required under this chapter to operate, conduct or permit to be operated the business wherein such business is operated contrary to state law, city ordinance or any regulation.

B. Any permit granted under the provisions of this chapter may be suspended or revoked by the city manager when it appears that the business for which such permit was granted is conducted in violation of any statute of the state or ordinance of the city involving or is being used for a purpose wholly foreign to that for which the permit was issued.

C. A permit granted under this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing upon the application for the permit. Any person aggrieved by the actions of the city manager may appeal to the council within the time and in the manner provided by Chapter 2.88.

D. In the event an application is denied or a permit is revoked under this chapter, the applicant or permit holder may not reapply for a permit under this chapter for a period of six months. (Ord. 5123 § 5, 1996)

Any permit issued under this chapter may be renewed from year to year upon application. Such application shall be made in the same manner as for an original application and shall be made within thirty days after the date of expiration of such permit or the last renewal thereof, and if not so made, the permit shall be null and void. (Ord. 5123 § 6, 1996)

Any establishment operating contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such business and restrain and enjoin any person from operating, conducting or maintaining such a business where the business is operated contrary to the provisions of this chapter. (Ord. 5123 § 7, 1996)