5.06.260 Development standards.

(A) Design Standards.

(1) All building openings, entries and windows shall be located, covered or screened to prevent viewing the interior from any exterior area.

(2) No partitions between subdivisions of a room, portion, or part of a building, structure or premises, including restrooms, may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.

(3) Each adult-oriented business shall have a business entrance separate from any other nonadult business located in the same building.

(4) The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the American Canyon fire division and the city's building division.

(5) Any adult-oriented business in which live entertainment is performed, whether or not such performers are appropriately licensed as required by this code, shall have such performances only conducted on a stage or on a platform that is raised eighteen inches and which has a rail which does not allow patrons to be any closer to the performers than six feet. Said rail shall be at least forty-two inches in height and shall be installed around the perimeter of the stage or platform.

(6) Any adult-oriented business shall be designed such that a manager's station is provided for the purpose of supervising activities within the business and such that a manager in the manager's station can view the entire interior of the business to which the public is allowed access, excepting restrooms.

(7) Any viewing room or area shall be visible from the manager's station and such view shall not be obscured or obstructed by any wall, curtain, door, any other structure, or by any display of merchandise.

(8) No private viewing areas as defined herein shall be permitted or shown on any design for an adult-oriented business.

(9) An adult business proposed in Zone D of the Napa County Airport Land Use Environs Plan (AELUP) shall demonstrate that the occupancy of the proposed business shall not exceed the AELUP occupancy standards of one hundred persons per structure and one hundred fifty persons per net acre (both within a structure and outdoors on the site).

(B) Performance Standards. The establishment of an adult-oriented business shall comply with the applicable site development standards—including parking—of the zone, district, or area in which the adult-oriented business is located, the building code, fire code, and the health and safety code of the city. An adult-oriented business shall comply with the applicable city permit and inspection procedures. In addition, adult-oriented businesses shall comply with the following performance standards:

(1) At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in subsection (A) of this section.

(2) The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

(3) A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.

(4) Any viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.

(5) All exterior areas of adult-oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.

(6) No special events, promotions, concerts, or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permit-holder has obtained a special events permit from the city as would be required by all other types of businesses within the city.

(7) No adult-oriented business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee, or independent contractor of an adult-oriented business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this code, shall allow such business to remain open for business, or no owner, operator, manager or employee of an adult-oriented business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.m. and ten a.m.

(8) Off-street parking shall be provided for the adult-oriented business on-site and as specified for the zone, district or area in which the business is located in accordance with the parking provisions of this code and as follows:

(a) Adult Theater, Adult Cabaret, Adult Motion Theater, or Adult Arcade. One parking space shall be provided for every two seats in a viewing room, or one parking space shall be provided for every two occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, which ever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift.

(9) Any person who operates or causes to be operated an adult-oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this code, which exhibits on the premises in a viewing room or viewing area of less than one hundred fifty square feet of floor space, a film, video cassette, or other video reproduction depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(a) Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two square feet of floor area.

(b) No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the director of community development.

(c) It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

(d) 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 shall not contain video reproduction equipment. If the premises has two or more manager's stations designed, 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 shall be by direct line of sight from the manager's station.

(e) It shall be the duty of the permit holder and any employees or independent contractors present on the premises to insure that the view area specified in subsection (B)(9)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.

(10) An on-site security program shall be prepared and implemented including the following items:

(a) All off-street parking areas and building entries serving the adult-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult-oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan. The required lighting shall remain on for at least thirty minutes after the closing time of the adult-oriented business to promote safety for employees thereof.

(b) All off-street parking areas shall have a security system provided that visually records and retains activities in the parking lot for at least a forty-eight hour period for the purposes of promoting safety and identifying violators.

(c) All interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two foot candles of light.

(d) For adult-oriented businesses which exceed an occupant load of one hundred twenty-five persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the city. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the city.

(11) Adult Motion Picture Theater/Adult Arcade.

(a) A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.

(b) No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

(c) Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

(12) Adult Hotel/Motel.

(a) Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two or more times in a period of time that is less than ten hours within a twenty-four hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this title.

(b) A person is in violation of the provisions of this title if such person rents or subrents a sleeping room at a location without an adult-oriented business license and an adult use planning permit to a person or persons and within ten hours thereafter rents or subrents the same room to an other person(s), or subrents the same room to the prior renter.

(13) No advertising sign or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices or paraphernalia designed for use in connection with specific sexual activities, shall be shown or exhibited so as to be visible from any exterior area.

(14) No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.