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HomeMy WebLinkAboutORD 1301ORD 1301Ä—ÀHÄ—@¸—™æÍ«ORDINANCE NO. 1301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING SECTIONS 153.440, 153.441, 124.010, 124.020, 124.040, 124.060, 124.080, 124.090, 124.100 AND 124.120 OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING TO REGULATIONS APPLICABLE TO ADULT-ORIENTED BUSINESSES WHEREAS, the City Council of the City of Baldwin Park City Council") wishes to promote the City of Baldwin Park's great interest in protecting and preserving the quality of the residential, commercial and industrial areas of the City, and the quality of life through effective land use planning; and WHEREAS, in August of 1996, the City Council adopted Ordinance No. 1117 establishing regulations for Adult-Oriented Businesses; and WHEREAS, when the City Council adopted Ordinance No. 1117, it took legislative notice of the existence and content of the numerous studies concerning the adverse secondary effects of adult businesses in other cities, and since 1996, numerous additional studies have reconfirmed those effects. The City Council finds that these studies are relevant to the problems addressed by the City in enacting this ordinance to refine the adopted regulations so as to better address the adverse secondary effects of adult businesses and more specifically finds that these studies provide convincing evidence that: 1. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult 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 by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 2. Regulations for adult businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. WHEREAS, in 1996, the City Council took judicial notice of factual findings and legal conclusions in numerous judicial decisions and since that time, there have been further number numerous judicial decisions on the regulation of adult businesses which the City Council hereby takes notice of, including but are not limited to City of Los Angeles v. Alameda Books, 122 S.Ct. 1728 2002); City of Erie v. Pap's A.M. BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 2 Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 2000); Gammoh v. City of La Habra 9th Cir. 2005) 395 F.3d 1114; World Wide Video of Washington, Inc. v. City of Spokane, 2004 WL 1171686 9th Cir.(May 2004)); Diamond v. City of Taft, 215 F.3d 1052 9th Cir. 2000), cert. denied 531 U.S. 1072 2001); Isbell v. City of San Diego, 258 F.3d 1108 9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 9th Cir. 2000), cert. denied 531 U.S. 1104 2001); Lim v. City of Long Beach, 217 F.3d 1050 9th Cir. 2000), cert. denied 121 S.Ct. 1189 2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 9th Cir. 2000), cert. granted 121 S.Ct. 1223 2001); Baby Tam & Co., Inc. v. City of Las Vegas Baby Tam I'), 154 F.3d 1097 9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas Baby Tam II'), 199 F.3d 1111 9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas Baby Tam Ill'), 247 F.3d 1003 9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 9th Cir. 1999); Tily B., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 1998); Department of Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California Vicary') 99 Cal.App.4th 880 2002); all of which decisions are public records.; and WHEREAS, the City Council believes the following statements are true, in part based upon its understanding of the experiences of cities such as Seattle, Washington; Austin, Texas; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; Newport Beach California, Anaheim California, and Phoenix, Arizona; and in part on medical evidence of the effects of illegal drugs such as methamphetamine and cocaine on human behavior: A. Adult Oriented Businesses as that term is defined in Baldwin Park Municipal Code Section 153.440) should not be located in areas of the City which are in the vicinity of churches or other religious institutions, public parks, the public library and its branches, and children's schools, due to the fact that such Adult-Oriented Businesses create secondary effects which are wholly incompatible with those sensitive uses; B. Concentration of Adult-Oriented Businesses on the main commercial thoroughfares of the City would cause a loss of sensitivity to the adverse effect of pornography upon children, established family relations, respect for marital relationship and for the sanctity of marriage relations of others, and the concept of non-aggressive consensual sexual relations; as well as increase vacancy rates in those commercial districts, thereby reducing the City's tax base; C. Ordinance No. 1117, which permitted Adult-Oriented Businesses in the manner and areas provided therein, was appropriate because such areas include ample accessible real estate that is easily accessible by freeways, highways and roads and the changes made by this ordinance do not affect that conclusion since the change in the manner of measuring distance from sensitive uses will put the Municipal Code in alignment with the actual BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 3 method used since 1996 to measure such distances and with the actual method used in 1996 to determine the availability of accessible real estate for such uses; D. In the more than ten 10) years that the City has regulated the areas in which Adult- Oriented Businesses are allowed, there has been not one complaint that insufficient areas are provided for such Businesses, and the provisions of this ordinance will not change the amount of land available for such Businesses; E. A reasonable regulation of the location and manner of operation of Adult- Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondary effects of such Adult-Oriented Businesses, while providing those who desire to patronize Adult-Oriented Businesses an opportunity to do so in appropriate areas within the City; WHEREAS, the aforementioned studies and cases show that sex-related offenses are included within the category of secondary effects caused by under-regulated Adult- Oriented Businesses; and WHEREAS, the City Council believes that persons who have been convicted of or pled guilty or nolo contendre to sex-related offenses have shown a propensity to commit such offenses and should not be permitted to operate Adult-Oriented Businesses for five years after such conviction and/or while such persons are on parole or probation for such conviction or plea. This is because the sexually oriented nature of the business creates an increased opportunity for the commission of sex-related offenses by persons who have exhibited a propensity for the commission of such offenses; and WHEREAS, the City Council believes as true the medical documents and judicial decisions in the public record referred to in the adoption of Ordinance No. 1117 and in this ordinance which demonstrate that various operational practices of Adult-Oriented Businesses increase criminal activity, which includes but is not limited to sexually related criminal activity, and increase the likelihood of the transmission of diseases including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and acquired immune deficiency syndrome AIDS") and hepatitis-B; and WHEREAS, the City Council believes the following statements are true based upon its understanding of the discussed above: A. Evidence indicates that dancers, models, entertainers, and other persons who publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in Adult Oriented Businesses as those terms are defined in Section Baldwin Park Municipal Code Section 153.440) collectively referred to as Performers") have been BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 4 found to engage in sexual activities with patrons of Adult-Oriented Businesses on the site of the Adult-Oriented Business; B. 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; C. Evidence indicates that Performers at Adult-Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; D. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interior cannot be seen from public areas of the establishment Individual Viewing Areas") regularly have been found to be used as a location for engaging in unlawful sexual activity; E. Individual Viewing Areas have been found to contain glory holes" in the walls joining abutting Individual Viewing Areas which are used by customers to facilitate sexual activity between the occupants of the abutting Individual Viewing Areas; F. Individual Viewing Areas have been found to be unsanitary due to the existence of semen, saliva, and blood on the walls and floors of the Individual Viewing Areas; G. Medical science has found that the AIDS and hepatitis-B viruses are carried in the semen of infected males and have a potential life span of 2 to 3 hours outside the human body; H. The existence of semen on the walls and floors of the Individual Viewing Areas, as well as other areas of Adult-Oriented Businesses, can facilitate the transmission of the AIDS and hepatitis-B viruses; 1. The practice of individuals having anonymous and/or unprotected sexual relations in Individual Viewing Areas can facilitate the transmission of the AIDS and hepatitis-B viruses as well as other sexually transmitted diseases; J. Poorly lit or unlit areas of Adult-Oriented Businesses provide a location for people to engage in illegal sexual and narcotics activities; K. Police agencies have determined that some Adult-Oriented Businesses and the operators thereof have been found to be directly engaged in as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; L. The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes legislative notice that according to statistics provided by the Los Angeles County BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 5 Health Department, in 1998 1,624 cases of AIDS were diagnosed in Los Angeles County and 184 AIDS-related deaths were reported; while 464 cases of AIDS were diagnosed in Los Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS-related deaths were reported for that same period. Further, the City Council takes legislative notice of the County of Orange Communicable Disease Summary 1998, County of Orange Health Care Agency, issued January 2000 Communicable Disease Summary"). The Communicable Disease Summary states that 5,149 cases of AIDS were reported in Orange County between 1982 and 1998. In 1998, 305 cases of AIDS were reported in Orange County, an 8% increase over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the number six years prior. As of December 2000, an estimated 5,700 Orange County residents were living with HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001, by the County of San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology AIDS Surveillance Report") and the report entitled San Diego County HIV/AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency AIDS Status Report"). According to the AIDS Surveillance Report, 10,876 AIDS cases were reported throughout the County since 1981 through July 2001, 150 of which were reported in 2001 and 420 of which were reported in 2000. M. The City is also concerned with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The Communicable Disease Summary further indicates that between 1994 and 1998, 211 cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases of chlamydia were reported in the County. The City also takes legislative notice of the STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency STD Fact Sheet") and the Sexually Transmitted Diseases Annual Summary, San Diego County, 1993-1994, by the Sexually Transmitted Disease Control Program, dated December 1995 STD Annual Summary"). According to the STD Fact Sheet and STD Annual Summary, 1109 cases of syphilis were reported throughout the County between 1990 and 2000, 27 of which were reported in 2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported between 1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia reported within the County dramatically exceeds the number of reported cases of syphilis and gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be noted that according to the AIDS Status Report, numerous studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the transmission of HIV. WHEREAS, the City Council has a reasonable basis to believe that the experiences of Los Angeles County, Orange County and San Diego County as to these sexually transmitted or blood borne diseases are relevant to the experiences of Baldwin Park. WHEREAS, while the City Council desires to protect the rights of those who BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 6 provide adult-oriented entertainment, it desires to do so in a manner which decreases, to the greatest extent feasible, the undesirable secondary effects associated with such entertainment; and WHEREAS, based upon the evidence contained in the documents, judicial opinions, and other public records comprising the record for Ordinance No. 1117 and this ordinance, the City Council finds as follows: A. The City has an interest in ensuring that individuals who operate Adult- Oriented Businesses have not been convicted nor pled guilty or nolo contendre of certain criminal offenses, particularly sexually related offenses. The restrictions arising from such pleas contained in this ordinance further that interest; B. The requirement that Adult-Oriented Businesses only allow performances which are characterized by Specified Sexual Acts or feature Specified Anatomical Parts in such a way that patrons are not be permitted within 6 feet of the Performers is likely to: reduce the opportunities for illegal sexual activity to occur between Performers and patrons; reduce the opportunities for illegal drug transactions to occur between Performers and patrons; and is particularly likely to reduce the opportunity for such illegal sexual activity to occur at the Adult-Oriented Business; C. Requiring Performers in Individual Viewing Areas or Performers desiring to perform within 6 feet of patrons to be completely separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier which physically prevents any physical contact between patrons and performers is likely to reduce the opportunity for illegal sexual activity to occur between Performers and patrons, reduce the possibility of the transmission of sexually transmitted diseases between Performers and patrons, and reduce the possibility that illegal drug transactions will occur on the premises; D. Prohibiting any physical contact between Performers and patrons of Adult- Oriented Businesses is likely to reduce the opportunity for the occurrence of illegal sexual and narcotics activity between patrons and Performers; E. Prohibiting patrons of Adult-Oriented Businesses from directly providing payments or gratuities to and prohibiting Performers from directly accepting the same is likely to reduce the opportunity for illegal sexual activity to occur between patrons and Performers; F. The City also takes legislative note of the number of courts which have upheld distance limitations between performers and patrons, prohibitions against physical contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at adult businesses that provide live entertainment, including, based on the presence of secondary effects including, but not limited to: Gammoh v. City of La Habra 9th Cir. 2005) 395 F.3d 1114; Tily B. v. City of Newport Beach 1999) 69 Cal.App.4th 1; Colacurcio v. City of Kent, 163 F.3d 545 9th BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 7 Cir. 1998); BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 9th Cir. 1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053 9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 Ga. 1995); and Hang On, Inc. v. City of Arlington, 65 F.3d 1248 5th Cir. 1995). G. The City Council, in adopting the additional operational standards set forth in this ordinance, recognizes that these standards do not preclude reasonable alternative avenues of communication. The City Council takes note of the proliferation of adult material on the Internet, satellite television, direct television, CDs, and DVDs, and that these various media provide alternative avenues of communication. The City Council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 1997) the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 4th Cir. 1996), cert. denied 520 U.S. 1204 1997) the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 6th Cir. 1996), cert. denied 519 U.S. 820 recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. H. The City Council further takes note that the form in which adult materials are available has affected the manner in which Adult-Oriented Businesses are operated and that such changes in such Businesses require corresponding changes in the City's existing ordinances. WHEREAS, the additional regulations enacted by this ordinance will enable the City to more effectively reduce or eliminate the secondary effects caused by the Adult- Oriented Businesses, so that resident of the City need not be forced to suffer the deleterious impacts of such secondary effects which include but are not limited to increased crime and blight; and WHEREAS, it is not the intent of the City in adopting this ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral ordinance which provides additional regulations to address the secondary effects Adult- Oriented Businesses have on the City and to provide appropriate hearing and appeal procedures for the matters set forth herein; and WHEREAS, the City Council finds that the amendments to the City's existing ordinances made by this ordinance are content neutral and regulate the time, place and manner of operation of sexually oriented businesses pursuant to Government Code BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 8 Section 65850 sub. g)(1). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 153.440 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions contained in said section are hereby amended to read as follows: ADULT-ORIENTED BUSINESSES. Any one of the following: 1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, 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. An establishment that has 30% 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, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. 3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. 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 b. Regularly features persons who appear semi- nude; and/or c. Shows films, computer generated images, motion pictures, video cassettes, DVD's, slides, or other photographic BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æ Í«Ordinance No. 1301 Page 9 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. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, 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 b. Rents, leases, or lets any room for less than a six- hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. 5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 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. 6) ADULT THEATER. 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. 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, BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æ Í«Ordinance No. 1301 Page 10 or make available specified sexual activities. APPLICANT. A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult-Oriented Business. NUDITY OR A STATE OF NUDITY. 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 at the upper radius of the areola or below 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. B. The definition of CHURCH' contained in said section is hereby deleted. C. The following definitions are hereby added to said section: PERFORMER. Any dancer, entertainer, model, or other person who performs specified sexual activities or displays specified anatomical parts in an adult-oriented business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. A structure which is used primarily for religious worship and related religious activities at least two days per week. BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æ Í«Ordinance No. 1301 Page 11 SECTION 2. Section 153.441 of the Baldwin Park Municipal Code is hereby amended to read 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 other than the I and I-C 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, religious institution, day care facilities, or schools. The required distances for separation shall be measured using a straight level line, without regard to intervening structures or objects. The required distance separation shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an adult-oriented business, if it is located by itself in a free standing structure, or from the tenant space if the business is located in part of a building. The measurement shall end at the closest lot line of the property containing the sensitive use. The distance requirements imposed by this section shall be evaluated as of the date the adult-oriented business files a business license application with the city. SECTION 3. Section 124.010 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions contained in said section are hereby revised to read as follows: ADULT-ORIENTED BUSINESSES. Any one of the following: 1) ADULT ARCADE. An establishment where, for any form of consideration, one or more video machines, computers, DVD players, still or motion picture projectors, or similar machines BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æ ORD 1301Ä—ÀHÄ—@¸—™æ Í«Ordinance No. 1301 Page 13 hour period, or rents, leases, or lets any single room more than twice in a 24-hour period. 5) ADULT MOTION PICTURE THEATER. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, DVD's, slides or similar photographic reproductions are shown, 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. 6) ADULT THEATER. 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. 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. APPLICANT. A person who files an application for a permit under this subchapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult-Oriented Business. NUDITY OR A STATE OF NUDITY. 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 at the upper radius of the areola or below 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. B. The definition of CHURCH' contained in said section is hereby deleted. BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 14 C. The following definitions are hereby added to said section: PERFORMER. Any dancer, entertainer, model, or other person who performs Specified Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business, regardless of whether such person performs for compensation. RELIGIOUS INSTITUTION. The term religious institution" 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. SECTION 4. Section 124.020 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 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 the operation of an adult-oriented business unless the person first obtains and thereafter maintains a valid adult- oriented business permit and, if necessary, adult-oriented business performer permit(s) as required under this chapter, a city business license, and any other permits required by state or federal law. All such licenses and 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 and thereafter maintains a valid adult-oriented business performer permit as required under this chapter, if necessary, a business license, and any other permit required by state or federal law. All such licenses and permits shall be maintained in full force and effect during the life of such persons engagement in such actions. SECTION 5. Section 124.040 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.040 APPLICATIONS. A) Adult-oriented business permits are nontransferable, except in accordance with 124.070. Therefore, all applications shall include the following information: BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«1) Ordinance No. 1301 Page 15 If the applicant is an individual, the individual shall state his or her legal name, including any aliases), address, telephone number(s) and date of birth. The applicant shall also submit satisfactory written proof that he or she is at least 18 years of age. With the exception of the applicant's name, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. 2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names, aliases if any, addresses, telephone numbers and dates of birth of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any. The applicant shall also submit satisfactory written proof that each of the partners is at least 18 years of age. With the exception of the partner's names, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. 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, aliases if any, addresses, telephone numbers, dates of birth, 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. The applicant shall also submit satisfactory written proof that each of the above referenced people is at least 18 years of age. With the exception of the name of the corporation, and the names and titles of the officers, the information submitted pursuant to this paragraph shall be kept confidential to the extent permitted by law. 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 10% or greater interest in the business entity shall sign the application. C) If the applicant intends 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- BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 16 oriented business will operate, plus the names, aliases if any, phone numbers, dates of birth and addresses of the owners and, if applicable, lessors of the adult-oriented business site. E) The address to which all notices related to the application and the operation of the business are to be mailed. F) The full names, aliases if any, addresses, telephone numbers and dates of birth of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by 124.080 to obtain an adult-oriented business performer license. For ongoing reporting requirements see 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 showing: 1) The scale and the north arrow. 2) The street address of the lot or lots to be included as part of the adult-oriented business. 3) The size of lots accurately dimensioned. 4) The size and location of all existing and proposed structures. 5) The size and location of all existing and proposed parking stalls. 6) The location of all landscaped areas. 7) The location of all trash areas. 8) The location of the proposed exterior lighting system required by this chapter. 9) The property lines of any religious institution, school, park, residential zone or use within 1000 feet of the adult-oriented business as described in 153.441. The drawing shall be prepared within 30 days prior to the submission of the application, and the preparer shall state on the face of the drawing the date on which it was prepared. I) 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. J) A statement signed and verified by the applicant if an individual, each BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 17 partner if a partnership, and each corporate officer and each person owning a 25% or greater interest in the corporation attesting to the fact that within the past five years none of the above has been convicted of or plead guilty or nolo contendre to any of the following: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions a), b) or d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or 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 three years. SECTION 6. Section 124.060 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.060 DECISION TO GRANT OR DENY PERMIT. A) Upon determination an application is complete, the City Clerk shall promptly grant the application and issue the adult-oriented business permit unless: 1) 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, or with the requirements of this chapter and 153.441. 2) 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. 3) An applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age. 4) The required application fee has not been paid. 5) Within the past five years, the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation has been convicted of or plead guilty or nolo BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 18 contendre to any of the following offenses: Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions a), b) or d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or any equivalent violation of the code of another state; or has had an adult oriented permit revoked by this city or any other governmental entity within the past three years. B) 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 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 124.120. SECTION 7. Section 124.080 of the Baldwin Park Municipal Code is hereby amended to read as follows: SEC. 124.080 ADULT-ORIENTED BUSINESS PERFORMER PERMIT. A) No person shall engage in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, 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 124.030, with the names of all performers required to obtain an adult-oriented business performer permit, within five business 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 or deny adult business performer permits as provided herein. 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 BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 19 the City Clerk. D) The completed application shall contain the following information which shall be kept confidential by the city to the extent permitted by law) and be accompanied by the following documents: 1) The applicant's legal name and any other names, including stage name" and aliases, used by the applicant; 2) The applicant's age, date and place of birth; 3) The applicant's height, weight, and hair and eye color; 4) The applicant's present residence address and telephone 5) number; Whether the applicant has ever been convicted of or plead guilty or nolo conendre to i) Any of the offenses set forth in Sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or subdivisions a), b) or d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety 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 the applicant 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 BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 20 inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution; 9) The applicant's State driver's license or identification number; Satisfactory written proof that the applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is at least 18 years of age; The applicant's 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) Whether the applicant has ever had an adult oriented business performer permit or equivalent permit in another jurisdiction) or adult business permit or equivalent permit in another jurisdiction) revoked. E) The application shall be accompanied by a non-refundable 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 8. Subsection E) of Section 124.090 of the Baldwin Park Municipal Code is hereby amended to read as follows: E) The City Clerk shall deny the application for any of the following reasons: 1) 2) 3) 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; The applicant, his or her partner, or any director, officer, or 25% or greater shareholder of an applicant corporation is under 18 years of age; The adult-oriented business performer permit is to be used for performing in a business prohibited by State or city law; BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 21 The applicant has been registered in any state as a prostitute; The applicant has been convicted of or pled guilty or nolo contendre to any of the offenses enumerated in 124.080(d)(5) or convicted of or plead guilty or nolo contrendre to an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to any person convicted of or who pled guilty or nolo contendre to the described crimes if the conviction or plea occurred more than five years prior to the date of the application. 6) The applicant has had an adult oriented business performer permit or equivalent permit in another jurisdiction) or adult business permit or equivalent permit in another jurisdiction) revoked, provided, however, that a permit shall be issued, if the applicant otherwise qualifies, to if the revocation was more than three years prior to the date of the application. SECTION 9. Section 124.100 of the Baldwin Park Municipal Code is hereby amended to read as follows: 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 10 days prior to the hearing date. Hearings shall be conducted by a hearing officer 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, BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 22 documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. 2) The hearing officer shall not be bound by the formal rules of evidence. 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. 3) The status quo shall be maintained pending the hearing officer's decision on the suspension or revocation, unless the permitee seeks judicial review pursuant to Code of Civil Procedure Section 1094.8, in which case, the status quo shall be maintained until a trial court decision on the writ. 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: i) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code. ii) The occurrence of acts of lewdness, assignation, prostitution, or sexual misconduct such as any act of unlawful sexual intercourse, sodomy, oral copulation, BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 23 or masturbation or use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur including any conduct constituting violations of Sections 243.4, 261, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314, 315, 316, 318, 653.22 or Subdivisions a) b) or d) of Section 647 of the California Penal Code. 3) iii) 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. iv) Any act constituting a violation of provisions of the California Health and Safety Code relating to the possession, possession for sale, sale, transportation, furnishing or giving away, of a controlled substance as specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code. v) 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. Failure to abide by a disciplinary action previously imposed by an appropriate city official. C) After holding the hearing in accordance with the provisions of this Section, if the hearing officer 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 10. Subsection K) of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: K) The following additional requirements shall pertain to adult- BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 24 oriented businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities: 1) Live entertainment shall only be performed either: 1) on a stage raised at least 18 inches above the floor and separated from patrons by a fixed rail at least 30 inches in height placed at a distance of not less than six feet from the stage and around the perimeter of the stage; or 2) in a location other than on the stage such that the Performer is separated from any patron by not less than six feet. This provision does not apply to an individual viewing area where the area in which the entertainer is performing is completely separated from the individual viewing area, or other area occupied by a patron, by a floor to ceiling permanent, solid barrier which eliminates the opportunity for any patron/entertainer physical contact. 2) The adult-oriented business shall provide separate dressing room facilities for performers which are exclusively dedicated to the performer's use. 3) The adult-oriented business shall provide an entrance/exit for performers which is separate from the entrance/exit used by patrons. 4) The adult-oriented business shall provide access for performers 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 foot wide walk aisle for performers 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 performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or specified sexual activities shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 25 perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the adult business. 6) Fixed rail(s) at least 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 performer, and no performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six feet from the stage or area which the performer is occupying. 8) No owner or other person with managerial control over an adult-oriented business 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 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. SECTION 11. The final paragraph of Section 124.120 of the Baldwin Park Municipal Code is hereby amended to read as follows: 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 suspension or revocation of the permit issued pursuant to these regulations. BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance No. 1301 Page 26 SECTION 12. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in a manner prescribed by law. APPROVED, and ADOPTED this 4th day of April, 20,q7. BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 ORD 1301Ä—ÀHÄ—@¸—™æÍ«Ordinance 1301 Page 27 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1301 was introduced at a regular meeting of the City Council held on March 21, 2007 and was adopted by the City Council at its regular meeting held on April 4, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, David J. Olivas, Ricardo Pacheco, Mayor Pro Tern Marlen Garcia and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE ROSEMARY WGUTIERREZ CHIEF DEPUTY CITY CLERK BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04 Í«Ordinance No. 1301 Page 12 used for presenting live entertainment or displaying an image, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, DVD's, 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. An establishment that has 30% 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, DVD's, slides, tapes, records or other form of visual or audio representations, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. 3) ADULT CABARET. A nightclub, restaurant, or similar business establishment which: a. 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 b. Regularly features persons who appear semi- nude; and/or c. Shows films, computer generated images, motion pictures, video cassettes, DVD's, 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. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which, a. Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, DVD's, 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 b. Rents, leases, or lets any room for less than a six- BIB] 39323-U01 ORD-U02 1301-U02 LI2-U03 FO8535-U03 FO101111-U03 DO107536-U03 C5-U03 ORDINANCES-U03 8/28/2007-U04 ROBIN-U04