SEC. 11.00 PROVISIONS APPLICABLE TO CODE.
(l) In addition to any other remedy or penalty provided by this Code, any violation of any provision of this Code is declared to be a public nuisance and may be abated by the City as a nuisance by means of a restraining order, injunction or any  other order or judgment in law or equity issued by a court of competent jurisdiction.  The City may seek injective relief to enjoin violations of, or to compel compliance with, the provisions of this Code or seek any other relief or remedy available at law or equity.

Violations of this Code are deemed continuing violations and each day that a violation continues is deemed to be a new and separate offence and subject to a maximum civil penalty of $2,500 for each and every offense.

As part of any civil action, the court may require posting of a performance bond to ensure compliance with this Code, applicable state codes, court order or judgment.

(m) It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Code.  Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor unless that violation or failure is declared in this Code to be an infraction.  An infraction shall be tried and be punishable as provided in Section 19.6 of the Penal Code and the provisions of this section.  Any violation of this Code that is designated as a misdemeanor, may be charged by the City Attorney as either a misdemeanor or an infraction.

Every violation of this Code is punishable as a misdemeanor unless provisions if otherwise made, and shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the Country Jail for a period of not more than six months, or by both a fine and imprisonment.

Every violation of this Code that is established as an infraction, or is charged as an infraction, is punishable by a fine as set forth in this Code section, or as otherwise provided in this Code, not to exceed $250.00 for each violation.

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by that person, and shall be punishable accordingly.

(n) Pursuant to Government Code Section 38773, the City may summarily abate any nuisance at the expense of the persons creating, causing, committing, or maintaining it and the expense of the abatement of the nuisance may be a lien against the property on which it is maintained and a personal obligation against the property owner.

(o) Pursuant to Government Code Section 38773.7, upon entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the cost of the abatement.  These costs shall include conditions abated pursuant to California Health and Safety Code Section 17980.

SEC. 41.60. ADULT LIVE ENTERTAINMENT

(b) Definitions.  For purposes of this section, the following definitions shall apply:

Employee means any and all persons, including operators, managers, entertainers, and independent contractors who work in or render any services directly related to the operation of the business, whether or not that person is paid compensation by the business.  This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.

Entertainer means any person who engages in a live performance, which is distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person, or the breasts of any female person or specified sexual activities that involve the exposure of the genitals or buttocks of any person, or the breasts of any female person.

Patron means any individual, other than an employee, present on the adult or sexually oriented business premises at any time during the hours of operation.  This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.

Adult or sexually oriented business means any establishment that regularly features performances by entertainers.  For purposes of this section, a business is regularly featuring performances if the business presents the specified live performances at least twice in any month.

Sexual physical contact means any intentional contact or touching between an employee and a patron, in which any of the following clothed or unclothed human anatomical parts come into contact with or are touched by any part of the other person's body: genitals, pubic region, buttons, anus or female breast.  This definition applies, regardless of the person initiating the contact or ding the touching.

Sexually oriented merchandise means sexually oriented implements and paraphernalia, such as, but not limited to, condoms, lap dance bags, benwa balls, dildos, auto sucks, sexually oriented vibrators, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices that are designed or marketed primarily for the stimulation of or use with the stimulation of human genital organs or sadomasochistic activity.

Specified sexual activities means:
1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophilia, coprophagy, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3. Use of the human or animal ejaculation; or

4. Fondling or touching of nude human genitals, pubic region, buttocks, natal cleft, anal region, anus, or female breast; or

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal or a human being.

(c) Intentional Physical Contact Between Entertainer and Patron Prohibited in Adult or Sexually Oriented Business.  It shall be unlawful for an entertainer to have intentional physical contact with a patron and for a patron to have intentional physical contact with an entertainer in an adult or sexually oriented business.

(d) Sexual Physical Contact Between Employees and Patrons Prohibited in Adult or Sexually Oriented Business.  It shall be unlawful for an employee to have sexual physical contact with a patron and for a patron to have sexual physical contact with an employee in an adult or sexually oriented business.

(e) Sale or Distribution of Sexually Oriented Merchandise Prohibited in Adult or Sexually Oriented Business.  It shall be unlawful for a person to make available, give away, sell, distribute or use any sexually oriented merchandise in an adult or sexually oriented business.

(f) Direct Payment or Giving of Gratuity Prohibited in Adult or Sexually Oriented Business.  It shall be unlawful for a patron to directly pay or give any gratuity to an entertainer in an adult or sexually oriented business and it shall be unlawful for an entertainer to directly accept any payment or gratuity from a patron in an adult or sexually oriented business.

SEC 103.01. DEFINITIONS.

Specified anatomical parts means:

1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anus, anal region, pubic region, or female breast below a point immediately below the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

7. The presence of any person who performs a striptease, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with bikinis, lingerie, or devices commonly referred to as pasties and G-strings, or any other similar opaque covering.

SEC. 103.06. PERMITS - DURATION.

A permit issued by the Board shall be valid for a period of one year from the date of issuance.

SEC 103.06.1. PERMITS - RENEWAL.

A request from an annual permit renewal must be accompanied by a completed renewal form.

Any change or alteration in the nature or operation of the business will require the renewal to be reviewed by the Board.  Any changed circumstance, which would have been grounds for denial of the application or revocation of the permit, is grounds for denying the permittee a renewed permit.

SEC 103.34.1 SUSPENSION OR REVOCATION OF PERMITS ISSUED PURSUANT TO SECTIONS 103.101.1, 103.102 AND 103.109.

The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:

1. The business has been operated in violation of any of the applicable requirements of this article;

2. Any of the applicable requirements for issuance of a permit ceases to be satisfied;

3. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:

(a) The presentation, exhibition or performance of an obscene production or play;

(b) The distribution of obscene material or material harmful to minors;

(c) Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;

(d) Prostitution or pandering;

(e) Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor section;

(f) A court has declared the business to be a public nuisance.

4. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or

5. The permittee, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any record or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business.

SEC. 103.102. CAFE ENTERTAINMENT AND SHOWS.

(a) Cafe Entertainment and Shows Defined.  As used in this article, the terms "cafe entertainment and shows" mean every form of live entertainment, music, band or orchestra, act, play, burlesque, review, pantomime, scene, song or dance act, participated in by one or more persons.

These terms shall also include the exhibiting or showing of still or motion pictures at a public place incidental to the primary business of selling or offering for sale food or beverages or where food or beverages are given away.

(b) Cafe Entertainment and Shows Business Defined.  Cafe entertainment and shows business means the management or control of any premises:

1. To which the public is admitted on a regular basis for the primary purpose of viewing cafe entertainment and shows;

2. Not used primarily for cafe entertainment and shows, but which premises are available on a regular basis, for the purpose of viewing cafe entertainment and shows;

3. Not used primarily for cafe entertainment and shows, but which premises are available, for the purpose of viewing cafe entertainment and shows, provided however, the premises has an occupancy of 2500 or more.

(c) Permit Required. No person shall engage in the cafe entertainment and shows business without a written permit from the Board.

No permit shall be required if the operation of the show is already permitted under an existing carnival permit.

The provisions of this section are not applicable when a band, orchestra or instrumental group with or without a vocalist performs at a dance, cafe or public place for the purpose of providing music for dancing and the person or persons conducting, presenting or managing the dance has a current dance hall, dancing club or public dance permit.

SEC. 103.102.1.  ADDITIONAL REGULATIONS.

Any business providing live entertainment in which an entertainer is present shall conform to all the applicable requirements previously set forth in this article and shall also conform to the following additional requirements, whether or not a permit is required under Section 103.102:

(a) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.

(b) No person under the age of 18 years shall be permitted within the premises at any time during the hours of operation, or under the age of 21 years if the business serves alcohol.

(c) No person shall perform live entertainment except upon a stage at least 18 inches above the level of the floor that is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.  Fixed rails at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons.

(d) The business shall provide separate dressing room facilities for entertainers that are exclusively dedicated to the entertainers' use.

(e) The business shall provide an entrance/exit to the premises for entertainers that is separate from the entrance/exit used by patrons.

(f) No portion of the interior of the premises shall be visible from the outside the premises during the hours of operation.

(g) The premises shall be equipped with lighting fixtures of sufficient intensity to illuminate all interior areas of the premises accessible to patrons with an illumination of not less than two foot-candles evenly distributed as measured at floor level.

(h) No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall accept direct payment or gratuity from any patron.

(i) At all times, entertainers and patrons shall maintain a distance from each other of at least six feet.

(j) Partitions of any kind, including drapes made of opaque or other material, are not permitted.  There shall be an unobstructed view from the entrance of the premises of every area to which any patron is permitted access, except restrooms.

(k) The business shall comply with Los Angeles Municipal Code Section 41.60. The permittee shall provide copies of this section and Section 41.60 to all employees and ensure that the employees are familiar with the provisions of both sections.

(l) The business shall provide separate restroom facilities for males and females.  The restrooms shall be free from all sexually-oriented materials and sexually-oriented merchandise.

(m) No operator, entertainer, employee, agent, or manager of the business shall permit any patron to touch, caress, or fondle the clothed or unclothed breasts, buttocks, anus or genitals of any operator, entertainer, employee, agent, or manager of the business, or permit any operator, entertainer, employee or agent to touch, caress or fondle the clothed or unclothed breasts, buttocks, anus, or genitals of any patron.

(n) The business shall comply with all signage, parking, landscaping, and design standards established by the City.

(o) The business shall remove all graffiti as soon as it appears, but not later than 48 hours after it appears, from the premises and property controlled by the business.

(p) The business shall, on a daily basis, ensure that all trash, debris and litter from the premises and property controlled by the business, as well as from all common and public areas immediately adjacent to the business, is placed inside appropriate refuse containers.

(q) The business shall be carried on in a building, structure and location that complies with the requirements and meets the standards of the health, fire and safety laws of the State of California and ordinances of the City of Los Angeles.

(r) The business shall be carried on at a location that complies with the zoning standards established by the City.

(s) The business shall require its employees to maintain identification in the form of a valid driver's license, state identification, or other government issued identification on the premises while working at the business.

(t) If the business serves alcohol, it shall comply with all conditions imposed by the Department of Alcohol Beverage Control.

(u) A manager shall be on duty at all times during hours of operation, or when patrons are present on the premises.  The manager on duty shall not be an entertainer.

(v) No permittee shall knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation, or masturbation to be committed on the premises, or knowingly permit or allow the premises to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

(w) No personal shall make available, give away, sell, distribute or use any sexually oriented merchandise on the premises.

(x) At least one state licensed and bonded uniformed security guard shall be employed exclusively to provide security for the business during business hours.

(y) There shall be no beds on the premises accessible to patrons at any time

(z) The business shall submit with its application a floor plan, drawn to scale, showing all interior dimensions of the premises.  Any change to the floor plan requires the business to submit to the Board a revised floor plan within seven calendar days of any alteration, modification or change.

SEC. 103.102.2. COMPLIANCE BY EXISTING PERMITTEES AND EFFECT OF NONCOMPLIANCE.

(a) All cafe entertainment and shows permittees must comply with the provisions of Section 103.102.1 upon its effective date, except that these permittees shall comply with Subsections (c), (d), (e), (j) and (l) no later than 180 days from the effective date of that section.

(b) Violations of the regulations set forth in Section 102.102.1 shall not be prosecuted as misdemeanors, but shall be subject to administrative sanctions and civil remedies as provided by this Code, or at law or in equity, or any combination of these.