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HomeMy WebLinkAboutORD 1117ORD 1117pT3(퓬9 ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA ADDING A NEW CHAPTER 124 TO THE CODE OF ORDINANCES AND AMENDING CHAPTER 153 PERTAINING TO REGULATIONS APPLICABLE TO ADULT-ORIENTED BUSINESSES The City Council of the City of Baldwin Park does hereby ordain as follows: WHEREAS, the City Council, in adopting this ordinance, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult-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); Whittier, California 1978); Amarillo, Texas 1977); Cleveland, Ohio 1977); and Los Angeles, California 1977). The City Council 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 Adult:Oriented Businesses, and more specifically finds that these studies provide convincing evidence that: 1) Adult-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 Adult-Oriented Businesses to sensitive land uses and the concentration of Adult-Oriented Businesses tend to result in the blighting and deterioration of the areas in which they are located. 3) The proximity and concentration of Adult-Oriented Businesses adjacent to residential, recreational, religious, educational and other Adult-Oriented Business uses can cause other businesses and residences to move elsewhere. 4) There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult-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 Adult-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; and 1 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 WHEREAS, based on the foregoing. the City Council finds and determines the special regulation of Adult-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 the operational characteristics of Adult-Oriented Businesses, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, or churches, have a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the adverse secondary side effects of Adult-Oriented Businesses; and WHEREAS, the locational requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected Adult-Oriented Businesses in the City of Baldwin Park, and a sufficient number of appropriate locations for Adult-Oriented Businesses are provided by this ordinance; and WHEREAS, in developing this ordinance, the City Council has been mindful of legal principles relating to regulation of Adult-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 Adult-Oriented Businesses. The City Council has considered decisions of the United States Supreme Court regarding local regulation of Adult-Oriented Businesses, including but not limited to: Young 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: Topanga Press. et al. v. City of Los Angeles, 989 F.2d 1524 1993); several California cases including but not limited to: City of National City v. Wiener, 3 Cal.4th 832 1993); People V. Superior Court(Lucero) Cal.3d 14(1989); and City of Vallejo v. Adult Books. et al., 167 Cal.App.3d 1169 1985); and other federal cases including Lakeland Lounge v. City of Jacksonville 5th Cir. 1992) 973 F.2d 1255, 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. Citv of Biloxi 5th Cir. 1986) 779 F.2d 1074; and WHEREAS, the City Council also finds that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City of Baldwin Park, and thus certain requirements with respect to the ownership and operation of Adult-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 City Council 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; and 2 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 WHEREAS, the City Council 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 Adult-Oriented Businesses collectively referred to as performers') have been found to engage in sexual activities with patrons of Adult-Oriented Businesses on the site of the Adult-Oriented Business; 2) Evidence has demonstrated that performers employed by Adult-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 Adult-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 possible, the possibility for the occurrence of prostitution and casual sex acts at Adult-Oriented Businesses; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community of Baldwin Park and to help assure that all operators of Adult-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; and WHEREAS, the City Council recognizes the possible harmful effects on children and minors exposed to the effects of such Adult-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 immediate neighborhood of such businesses; and WHEREAS, the City Council desires to minimize and control the adverse secondary side effects associated with the operation of Adult-Oriented Businesses and thereby protect the health, safety, and welfare of the citizens of the City, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases; and 3 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 WHEREAS, it is not the intent of the City Council in enacting this ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City of Baldwin Park 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; WHEREAS, 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 California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful mailer or the exhibition or public display thereof; and WHEREAS, in prohibiting public nudity in Adult-Oriented Businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity in Adult-Oriented Businesses due to the secondary impacts associated with establishments providing public nudity; and WHEREAS, the City Council 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 in Adult-Oriented Businesses; and WHEREAS, in enacting a public nudity limitation in Adult-Oriented Businesses, the City declares that the limitation is a regulatory licensing provision and not a criminal offense. The City has not provided a criminal penalty for a violation of the nudity limitation. The City adopts such a limitation only as a condition of issuance and maintenance of an Adult-Oriented Business permit issued pursuant to the City Code; and WHEREAS, the City Council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult-Oriented Businesses and WHEREAS, requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult- Oriented Business; and WHEREAS, enclosed or concealed booths and dimly-lit areas within Adult-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 view 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 Adult-Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel; and 4 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 WHEREAS, while the City Council desires to protect the rights conferred by the United States Constitution to Adult-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 Adult-Oriented Businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 153.440 of the Code of Baldwin Park is hereby amended to read in its entirety as follows: 153.440 Adult-Oriented Business Definitions For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: a) Adult-Oriented Businesses. Adult-Oriented Businesses" means any one of the following: 1) Adult arcade. The term adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five 5) or fewer persons each, are used to show 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. 2) Adult bookstore. The term adult bookstore" as used in this chapter, is an establishment that has thirty 30) percent or more of its stock in trade or display which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical 3) Adult cabaret. The term adult cabaret" as used in this chapter, means a nightclub, restaurant, or similar business establishment which: 1) regularly features live perfor- mances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or 2) which regularly features 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 5 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 4) Adult hotel-motel. The term adult 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 televis ion 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) Adult motion picture theater. The term adult 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) Adult theater. The term adult 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. 7) 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) Adult-Oriented Business Operator. Adult-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 an Adult- 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 an Adult-Oriented Business 6 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 d) Bar. For the purposes of this ordinance chapter],a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. e) Church. The term church" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. f) 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 Pringle v. City of Coving, 115 Cal.App.3d 151(1981). 9) Establishment of an Adult-Oriented Business. As used herein, to establish" an Adult-Oriented Business shall mean and include any of the following: 1) The opening or commencement of any Adult-Oriented Business as a new business; 2) The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein; 3) The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or 4) The relocation of any such Adult-Oriented Business. h) 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. i) Health Officer. The Health Officer of the City of Baldwin Park, the County of Los Angeles, or his or her duly authorized representative(s). 1) Individual Viewing Area. An area designed for fewer than five 5) persons to view still or motion pictures, live entertainment computer generated images or other photographic reproductions, thirty percent 30%) 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. 7 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 k) 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, or the showing of the covered male genitals in a discernibly turgid state. I) Operate an Adult-Oriented Business. As used in this article operate an Adult-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 an Adult-Oriented Business or activities within an Adult-Oriented Business. m) Permittee. Permittee" means the person to whom an Adult-Oriented Business Permit or Adult Oriented Business Performer Permit has been issued. n) Person. Any individual, partnership, co partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. 0) Regularly Features. The term regular features" with respect to an adult theater or adult cabaret means presented as a regular and substantial course of conduct of the person, business or establishment making or at which the presentation is made. 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. p) 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. q) 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. r) Specified anatomical areas. As used herein, specified anatomical areas" shall mean and include any of the following: 8 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 1) Less than completely and opaquely covered human i) genitals or pubic region; ii) buttocks; and iii) female breast below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 3) Any device, costume or covering that simulates any of the body parts included in subdivisions 1) or 2) above. s) 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. SECTION 2. Section 153.441 of the Code of Baldwin Park is hereby amended to read in its entirety as follows: 153.441 Location and Zoning Requirements For Adult-Oriented Businesses No Adult-Oriented Business shall be established, located, or operated in any zone in the City of Baldwin Park other than the I" and IC" zones and only when within, the ascribed distances of the certain specified land uses or zones as set forth below: a) No such business shall be established or located within 1000 feet) from any existing legal or legal non-conforming residential zone or use, unless separated from the residential use or zone by a major freeway Interstate 10 or State Highway 605) or by a right of way at least 100 feet in width. b) No such business shall be established or located within 1000 feet) from any existing legal or legal non-conforming park, church, or school. 9 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 c) The distances set forth above shall be measured as a radius from the primary entrance of the Adult-Oriented Business to the property lines of the property so zoned or used or, if on the same property, from the primary entrance of the establishment from which the distance is measured without regard to intervening structures. SECTION 3. Section 153.442 is a hereby amended to read in its entirety as follows: MASSAGE PARLOR REGULATIONS 153.442 CONDITIONAL USE PERMIT REQUIRED. Massage parlors shall be permitted pursuant to Chapter 118 of this code and this section only if: a) A conditional use permit is first obtained; b) The real property upon which the use is proposed to be located is classified, pursuant to this code in the C-2 Zone; c) The proposed location is not within 500 feet of any other real property upon which there is located an adult business, nor within 500 feet of any other real property upon which there is located an educational institution or a church. SECTION 4. Section 153.443 of the Code of Baldwin Park are hereby repealed and of no further force or effect. SECTION 5. Section 153.211 of the Baldwin Park Code is hereby amended by adding a new subsection A)(4) to read in its entirety as follows: 4) Adult-Oriented Businesses as defined in Chapter 124 of the Baldwin Park Code, providing such Adult-Oriented Businesses satisfy the all applicable requirements of Baldwin Park Code Chapter 124 and Sections 153.440 & 153.441. SECTION 6. Section 153.226 of the Baldwin Park Code is hereby amended by adding a new subsection A)(2) to read in its entirety as follows with the remaining subsections to be renumbered: 2) Adult-Oriented Businesses as defined in Chapter 124 of the Baldwin Park Code, providing such Adult-Oriented Businesses satisfy the all applicable requirements of Baldwin Park Code Chapter 124 and Sections 153.440 & 153.441. SECTION 7. A new Chapter 124 is hereby added to the Baldwin Park Code to read in its entirety as follows: 10 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 CHAPTER 124 REGULATION OF ADULT-ORIENTED BUSINESSES. ARTICLE 1. GENERAL PROVISIONS SECTION 124.010 DEFINITIONS. For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: a) Adult-Oriented Businesses. *Adult-Oriented Businesses" means any one of the following: 1) Adult arcade. The term adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five 5) or fewer persons each, are used to show 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. 2) Adult bookstore. The term adult bookstore" as used in this chapter, is an establishment that has thirty 30) percent or more of its stock in trade or display which could include but not be limited to books, magazines, periodicals and/or other printed matter, photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. 3) Adult cabaret. The term adult 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 features 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) Adult hotel/motel. The term adult 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 11 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 ORD 1117pT3(퓬9 d) Bar. For the purposes of this ordinance chapter], a bar is defined as any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises. e) Church. The term church" as used in this article, is a structure which is used primarily for religious worship and related religious activities at least two days per week. f) 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 Pringle V. City of Covina, 115 Cal.App.3d 151(1981). g) Establishment of an Adult-Oriented Business. As used herein, to establish" an Adult-Oriented Business shall mean and include any of the following: 1) The opening or commencement of any Adult-Oriented Business as a new business; 2) The conversion of an existing business, whether or not an Adult-Oriented Business, to any Adult-Oriented Business defined herein; 3) The addition of any of the Adult-Oriented Businesses defined herein to any other existing Adult-Oriented Business; or 4) The relocation of any such Adult-Oriented Business. h) 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. i) Health Officer. The Health Officer of the City of Baldwin Park, the County of Los Angeles, or his or her duly authorized representative(s). 1) Individual Viewing Area. An area designed for fewer than five 5) persons to view still or motion pictures, live entertainment computer generated images or other photographic reproductions, thirty percent 30%) or more of the number of which are distinguished 0, characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 k) 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, or the showing of the covered male genitals in a discernibly turgid state. I) Operate an Adult-Oriented Business. As used in this article operate an Adult-Oriented Business" means the supervising, managing, inspecting, directing, organ izing, controlling or in any way being responsible for or in charge of the conduct of activities of an Adult-Oriented Business or activities within an Adult-Oriented Business. ni) Permittee. Permittee" means the person to whom an Adult-Oriented Business Permit or Adult Oriented Business Performer Permit has been issued. n) Person. Any individual, partnership, co partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. o) Regularly Features. The term regularly features" with respect to an adult theater or adult cabaret means presented as a regular and substantial course of conduct of the person, business or establishment making or at which the presentation is made. 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. p) 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. q) 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. r) Specified anatomical areas. As used herein, specified anatomical areas" shall mean and include any of the following: BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 1) Less than completely and opaquely covered human i) genitals or pubic region; ii) buttocks; and iii) female breast below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 3) Any device, costume or covering that simulates any of the body parts included in subdivisions 1) or 2) above. r) Specified sexual activities. As used here!n, 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 through 3) of this subsection. SECTION 124.020 PERMITS REQUIRED. a) 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 Baldwin Park, the operation of an Adult-Oriented Business unless the person first obtains an Adult-Oriented Business Permit and, if necessary, Adult-Oriented Business Performer Permit as required under this chapter, a Baldwin Park Business License pursuant to Chapter 110 of the Baldwin Park Code, and any other permits required by state or federal law. All such permits shall be maintained in full force and effect during the life of the Adult-Oriented Business. b) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult-Oriented Business unless the person first obtains from the City of Baldwin Park an Adult-Oriented Business Performer Permit as required under this Chapter, if neces- sary, a business license permit as required under Chapter 110 of the Baldwin Park Code, and any other permit required by state or federal law. All such permits shall be maintained in full force and effect during the life of the Adult-Oriented Business. 15 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 ARTICLE 2. APPLICATION AND PERMITS SECTION 124.030 ADULT-ORIENTED BUSINESS PERMIT REQUIRED. a) Every person who p,proposes to maintain, operate or conduct an Adult-Oriented Business in the City of Baldwin Park shall file an application with the City Clerk upon a form p.-provided by the City of Baldwin Park and shall pay a non-refundable filing fee, as established from time to time by resolution adopted by the City Council. SECTION 124.040 APPLICATIONS. a) Adult-Oriented Business Permits are nontransferable, except in accordance with Section 124.070. 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, 8 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 iZ tends to operate the Adult-Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult-Oriented Business and show proof of registration of the fictitious name. d) A description of the type of Adult-Oriented Business for which the Permit is requested and the proposed address where the Adult-Oriented Business will operate, plus the names and addresses of the owners and, if applicable, lessors of the Adult-Oriented Business site. e) The address to which notice of action on the application is to be mailed. 16 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 f) The names of all employees, independent contractors, and other persons who will perform at the Adult-Oriented Business, who are required by Section 124.080 to obtain an Adult-Oriented Business Performer License for ongoing reporting requirements see Section 124.080). g) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult-Oriented Business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale. h) A certificate and straight-line, to scale drawing prepared by a registered architect within thirty 30) days prior to the submission of the application depicting the building and the portion thereof to be occupied by the Adult-Oriented Business, and the property lines of any church, school, park, residential zone or use within 1000 feet of the primary entrance of the Adult-Oriented Business. i) A diagram of the off-street parking areas and premises entries of the Adult-Oriented Business showing the location of the lighting system required by Section 124.120. 1) 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 an Adult-Oriented Business Permit. k) whether the applicant, any partner if the applicant is a partnership, or any officer of the corporation if the applicant is a corporation has been convicted within the past 3 years of any of the following: one or more violations of Penal Code sections 315, 316, 2661, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d); any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past 3 years. SEC. 124.050 INVESTIGATION AND ACTION ON APPLICATION. a) The City Clerk shall, within fifteen 15) days of submission of an application, determine whether the application is complete. If the City Clerk determines the application is incomplete or the applicant has completed the application improperly, the City Clerk shall, within the aforementioned time period, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk 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. 17 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 b) Upon receipt of a completed application and payment of the application and Permit fees, the City Clerk shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult-Oriented Business Permit c) within thirty 30) days of receipt of the completed application, the City Clerk 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 City Clerk shall write or stamp Granted" or Denied" on the application and date and sign such notation. 2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. 3) If the application is granted, the City Clerk shall attach to the application an Adult-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. SEC. 124.060 DECISION TO GRANT OR DENY PERMIT; DURATION OF PERMIT. The City Clerk shall grant the application and issue the Adult-Oriented Business Permit unless: a) The building, structure, equipment, or location used by the business for which an Adult-Oriented Business Permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the State of California, or with the requirements of this Chapter and Baldwin Park Code Section 153.441. b) 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-Oriented Business Permit. c) An applicant is under eighteen 18) years of age. d) The required application fee has not been paid. e) Within the past 3 years, the applicant has been convicted of any of the following offenses: one or more violations of Penal Code sections 315, 316, 2661, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d); any equivalent violation of the code 18 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 of another state, or the applicant has had an adult oriented permit revoked by this city or any other governmental entity within the past 3 years. If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within thirty 30) days after it is stamped as received except as provided in Section 124.050(a), the applicant may begin operating the Adult-Oriented Business for which the Permit was sought, subject to strict compliance with the development and performance standards and requirements of this Chapter, including but not limited to the requirements of Section 124.120 and renewal requirements of this section. Each Adult-Oriented Business Permit shall expire one 1) year from the date of issuance, and may be renewed only by filing with the City Clerk 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 in this Article 2 for action upon applications for Permits. SECTION 124.070 TRANSFER OF ADULT-ORIENTED BUSINESS PERMITS. a) A permittee shall not operate an Adult-Oriented Business under the authority of an Adult-Oriented Business Permit at any place other than the address of the Adult-Oriented Business stated in the application for the Permit. b) A permittee shall not transfer ownership or control of an Adult-Oriented Business or transfer an Adult-Oriented Business Permit to another person unless and until the transferee obtains an amendment to the Permit from the City Clerk stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Clerk in accordance with Sections 124.040 and 124.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Clerk determines in accordance with Section 124.060 that the transferee would be entitled to the issuance of an original Adult-Oriented Business Permit. c) No Permit may be transferred when the City Clerk 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. SECTION 124.080 ADULT-ORIENTED BUSINESS PERFORMER PERMIT. a) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult-Oriented Business, 19 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 without a valid Adult-Oriented Business Performer Permit issued by the City. All persons who have been issued an Adult-Oriented Business Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 124.030, with the names of all Performers required to obtain an Adult-Oriented Business Performer Permit, within thirty 30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the Adult-Oriented Business Permit. b) The City Clerk shall grant, deny and renew Adult Business Performer Permits. c) The application for an Adult-Oriented Business Performer Permit shall be made on a form provided by the City Clerk. An original and two copies of the completed and sworn permit application shall be filed with the City Clerk. d) The completed application shall contain the following information and be accompanied by the following documents: 1) The applicant's legal name and any other names including stage names" and aliases) used by the applicant; 2) Age, date and place of birth; 3) Height, weight, hair and eye color; 4) Present residence address and telephone number; 5) whether the applicant has ever been convicted of: i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered; or ii) The equivalent of the aforesaid offenses outside the State of California. 6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. 20 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 7) State driver's license or identification number; 8) Satisfactory written proof that the applicant is at least eighteen 18) years of age; 9) The applicants fingerprints on a form provided by the Police Department, and a color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; 10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed. e) The application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. f) Upon receipt of a completed application and payment of the application fees, the City Clerk shall immediately stamp the application as complete and promptly investigate the application. SECTION 124.090 INVESTIGATION AND ACTION ON APPLICATION. a) The City Clerk shall, within five 5) days of submission of an application determine whether the application is complete. If the City Clerk determines that the application is incomplete or that the applicant has completed the application improperly, the City Clerk shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. In addition, the applicant may request an extension of the time for the City Clerk 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. b) Within five 5) days after receipt of the properly completed application, the City Clerk shall grant or deny the application and so notify the applicant as follows: 1) The City Clerk shall write or stamp Granted" or Denied" on the application and date and sign such notation. 2) If the application is denied, the City Clerk shall attach to the application a statement of the reasons for denial. 3) If the application is granted, the City Clerk shall attach to the application an Adult- Oriented Business Performer Permit. 21 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 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 residence address stated in the application. c) The City Clerk shall grant the application and issue the Permit unless the application: is denied for one or more of the reasons set forth in subsection e) of this section. d) If the City Clerk grants the application or if the City Clerk neither grants nor denies the application within five 5) days after it is stamped as complete except as provided in Section 124.090(a), the applicant may begin performing in the capacity for which the License was sought. e) The City Clerk shall deny the application for any of the following reasons: 1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a Permit or in any report or document required to be filed with the application; 2) The applicant is under eighteen 18) years of age; 3) The Adult-Oriented Business Performer Permit is to be used for performing in a business prohibited by State or City law. 4) The applicant has been registered in any state as a prostitute. 5) The applicant has been convicted of any of the offenses enumerated in Section 124.080(d) 5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A Permit may be issued to any person convicted of the described crimes if the conviction occurred more than five 5) years prior to the date of the application. f) Each Adult-Oriented Business Performer Permit shall expire one 1) year from the date of issuance and may be renewed only by filing with the City Clerk a written request for renewal, accompanied by the application 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 applications for Permits. 22 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 SEC. 124.100 SUSPENSION OR REVOCATION OF ADULT-ORIENTED BUSINESS PERMITS AND ADULT-ORIENTED BUSINESS PERFORMER PERMITS. An Adult-Oriented Business Permit or Adult-Oriented Business Performer 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 City Clerk 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 City Clerk, 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 City Clerk's decision may be appealed in accordance with Section 124.110. b) A Permittee may be subject to suspension or revocation of his or her 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, Performer, independent contractor, agent, partner, director, stockholder, or manager of an Adult-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 an Adult-Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult-Oriented Business, or in the case of an Adult-Oriented Business Performer, the permittee has engaged in one of the activities described below while on the premises of an Adult-Oriented Business: 23 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 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 which 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. For the purposes of this section, an Adult-Oriented Business Permittee has knowingly permitted a violation when a violation occurs any time after having received written notice of a previous violation. 3) Failure to abide by an disciplinary action previously imposed by an appropriate City official. c) After holding the hearing in accordance with the provisions of this Section, if the City Clerk finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Clerk shall impose one of the following: 1) Suspension of the Permit for a specified period not to exceed six months; 2) Revocation of the Permit. SECTION 124.110 APPEAL OF DENIAL., SUSPENSION OR REVOCATION. After denial of an application for an Adult-Oriented Business Permit or an Adult-Oriented Business Performer 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 review of such administrative action by the City Manager in the manner provided herein. Any person seeking to appeal a decision of the City Clerk shall file a written notice of appeal with the City Clerk no later 24 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 than fifteen 15) days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The City Clerk shall, within ten 10) days, schedule a hearing before the City Manager or his or her designee and notify the appellant, in writing, of the day, time and location of the hearing which shall be held no later than thirty 30) days from the date the appeal had been filed. The appeal shall be conducted in accordance with the same procedures established by the City Clerk pursuant to Section 124.100(a). The City Manager shall provide the appellant with a written decision within ten 10) days of the conclusion of the hearing. If the denial, suspension or revocation is affirmed on review, the applicant, Permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the Permittee. ARTICLE 3. FACILITIES AND EMPLOYEES. SECTION 124.120 ADULT-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 Baldwin Park. b) No Adult-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 location outside the building 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 Adult-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 sketch or diagram of the premises required by Section 124.040. 25 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 d) The premises within which the Adult-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) Except for those businesses also regulated by the California Department of Alcoholic Beverage Control, an Adult-Oriented Business shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day. f) The building entrance to an Adult-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 City Clerk or designee. No person under the age of eighteen 18) years shall be permitted within the premises at any time. g) All indoor areas of the Adult-Oriented Business within which patrons are permitted, except rest rooms, shall be open to view by the management at all times. h) Any Adult-Oriented Business which is also an adult arcade", shall comply with the following provisions: 1) The interior of the premises shall be configured in such a manner that there is an unobstructed view with the naked eye, and without the aid of any cameras, mirrors or other devices from a manager's station which is no larger than thirty-two 32) square feet of floor area with no single dimension being greater than eight 8) feet and which is located in a public portion of the establishment of every area of the premises to which any patron is permitted access for any purpose, including but not limited to the entire interior of Individual Viewing Area, but specifically excluding restrooms. Restrooms may not contain video reproduction equipment. 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 Individual Viewing Area may be occupied by more than one person at any one time. 26 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 4) The walls or partitions between Individual Viewing Areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any Individual Viewing Area such as to allow physical contact through a partition between the occupant of any such Individual Viewing Area and a person on the outside. All Individual Viewing Areas shall be separated from other Individual Viewing Areas by a five foot 5') buffer. 5) Customers, patrons or visitors shall not be allowed to stand idly by in the vicinity of any such Individual Viewing Area 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 Individual Viewing Areas shall be maintained clean and free from waste and bodily secretions. i) All areas of the Adult-Oriented Business shall be illuminated at a minimum of the following foot candles, minimally maintained and evenly distributed at ground level: Area Footcandles Bookstores and other retail establishments 20 Theaters and Cabarets 5 except during performances which times lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 in public areas) Modeling Studios 20 Z) The Adult-Oriented Business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(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. 27 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 k) The following additional requirements shall pertain to Adult-Oriented Businesses providing live entertainment depicting Specified Anatomical Areas or Involving Specified Sexual Activities: 1) No person shall perform live entertainment for patrons of an Adult-Oriented Business entertainer") 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. 2) The Adult-Oriented Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. Entertainer" shall mean any person who is an employee or independent contractor of the Adult-Oriented Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult-Oriented Business. 3) The Adult-Oriented Business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons. 4) The Adult-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 Adult-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 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, including the parking lot, of the Adult-Oriented Business. 8) 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 pay or give any gratuity to any entertainer. 8) No owner or other person with managerial control over an Adult-Oriented Business as that term is defined herein) shall permit any person on the premises of the Adult-Oriented Business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, and/or the female breast with less than a fully opaque 28 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. I) Adult-Oriented Businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards: 1) Adult-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. One 1) additional security guard shall be added for each additional increase in occupancy of thirty-five 35) persons. 2) Security guards for other Adult-Oriented Businesses shall be required at a ratio of one 1) guard for every 100 persons occupancy limit. 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 Adult-Oriented Business Permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the Permit issued pursuant to these regulations. SECTION. 124.130 REGISTER AND PERMIT NUMBER OF EMPLOYEES. a) Every permittee of an Adult-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 Baldwin Park. SECTION 124.140 DISPLAY OF PERMIT AND IDENTIFICATION CARDS. a) Every Adult-Oriented Business shall display at all times during business hours the permit issued pursuant to the provisions of this chapter for such 29 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 Adult-Oriented Business in a conspicuous place 80 that the same may be readily seen by all persons entering the Adult-Oriented Business. b) The City Clerk shall provide each Adult-Oriented Business Performer required to have a Permit pursuant to the chapter, with an identification card containing the name, address, photograph and permit number of such performer. c) An Adult-Oriented Business Performer shall have such card available for inspection at all times during which such person is on the premises of the Adult-Oriented Business. SECTION 124.150 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 Adult-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 Adult-Oriented Business to permit to enter, or remain within the Adult-Oriented Business, any person who is not at least eighteen years of age. ARTICLE 4. MISCELLANEOUS PROVISIONS SECTION. 124.160 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 an Adult-Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Adult-Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult-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. SECTION 124.170 REGULATIONS NONEXCLUSIVE. The provisions of this article regulating Adult-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 Baldwin Park. 30 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 SECTION 124.180 EMPLOYMENT OF PERSONS WITHOUT PERMITS UNLAWFUL. It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an Adult-Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified Sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Adult-Oriented Business Performer Permit. SECTION 124.190 TIME LIMIT FOR FILING APPLICATION FOR PERMIT. All persons who possess an outstanding business license heretofore issued for the operation of an Adult-Oriented Business and all persons required by this chapter to obtain an Adult-Oriented Business Performer Permit, 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 an Adult-Oriented Business, or the continued performances depicting specified anatomical areas or specified sexual activities in an Adult-Oriented Business after such time without a permit shall constitute a violation of this chapter. SECTION 124.200 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof if 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 any one 1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 8. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The City Council finds that this ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by Adult-Oriented Businesses. In this regard, the findings set forth in Section 1 of this ordinance are incorporated herein by reference. This ordinance either provides for the amendment of existing regulations applicable to Adult-Oriented Businesses or, for the first time, provides for zoning regulations which are specifically applicable to Adult-Oriented Business uses. Such uses are already allowed under the City's existing zoning regulations. Therefore, it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment, and therefore the adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b) 3) of the CEQA guidelines. SECTION 9. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty 30) days after its final passage and adoption. 31 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 ORD 1117pT3(퓬9 SECTION 10. PUBLICATION. At least two 2) days prior to its final adoption, notice shall be published once in the San Gabriel Valley Tribune the official newspaper of the City of Baldwin Park, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. PASSED APPROVED AND ADOPTED this September 4 1996 MAYOR LINDA L. GAIR, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) 85 CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1117 was regularly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Baldwin Park on August 21,1996. That thereafter, said Ordinance was adopted at a regular meeting of the City Council on September 4 1996 and was carried by the following roll call vote, to wit: AYES MARTINEZ. MUSE. LOWES LOZANO, AND MAYOR VARGAS NOES NONE ABSENT NONE ABSTAIN NONE BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05 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) Adult motion picture theater. The term adult 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 chamcterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. 6) Adult theater. The term adult 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. 7) 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) Adult-Oriented Business Operator. Adult-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 an Adult- 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 an Adult-Oriented Business. 12 BIB] 37643-U01 ORD-U02 1117-U02 LI2-U03 FO4263-U03 FO4283-U03 DO4286-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1117-U05 SEP-U05 4-U05 1996-U05