HomeMy WebLinkAbout2211
ORDINANCE NO. 2211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING SECTIONS 9279.1,
and 9279.3 THROUGH 9279.16 OF THE ARCADIA
MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES,
DELETING ALL OR PORTIONS OF SECTIONS 9279.1 and
9279.3 THROUGH 9279,14, AND ADDING A NEW CHAPTER
TO THE ARCADIA MUNICIPAL CODE PERTAINING TO
LICENSING OF ADULT BUSINESSES
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS. The City Council of the City of Arcadia hereby finds,
determines, and declares that:
A. The City Council finds that it is necessary and appropriate to amend Article IX,
Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Municipal Code by
amending the provisions as they relate to required distance between adult businesses by deleting
certain provisions that will be added to a new chapter, located at Article VI, Chapter 8, and
entitled "Adult Business License." The public health, safety and welfare of the City of Arcadia
and its residents require the enactment of this Ordinance in order to: (1) mitigate and reduce the
. judicially recognized potential adverse secondary effects of adult businesses, including but not
limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread
of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the
City's retail and commercial trade, and local property values, and minimize the potential for
nuisances related to the operation of adult businesses; and (3) protect the peace, welfare and
privacy of persons who own, operate and/or patronize adult businesses.
B. The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary effects of adult
businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle,
Washington, Department of Construction and Land Use (1989); Austin, Texas, Office of Land
Development Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana,
Department of Metropolitan Development (1984); Houston, Texas, City Council Report (1983
and 1997); Beaumont, Texas (1982); Minnesota Crime Prevention Center, Inc., Minneapolis
(1980); Phoenix, Arizona (1979); Los Angeles, California, Department of City Planning (1977);
Amarillo, Texas, Planning Department (1977); and Cleveland, Ohio (1977); New York, New
York (1994); Newport News, Virginia (1996); Times Square, New York City (1994); Whittier,
California (1978); Adams County, Colorado (1990); Dallas, Texas (1997) and El Paso, Texas
(1986). The studies and their summaries are available for public review in the City Clerk's
office. 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 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, concentratl: 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.
C. In developing this Ordinance, the City Council is mindful of legal principles
relating to regulation of adult businesses, and the City Council does not intend to suppress or
infringe upon any expressive activities protected by the First Amendment 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 businesses. The City Council has
considered decisions ofthe United States Supreme Court regarding local regulation of adult
businesses, including but not limited to: City of Los Angeles v. Alameda Books, 122 S.C!. 1728
(2002); City of Erie v. Pap's A.M. ("Kandyland''), 529 U.S. 277, 120 S.C!. 1382, 146 L.Ed.2d
265 (2000); Barnes v, Glen Theatre, Inc., 501 U.S. 560, 111 S.C!. 2456, 115 L.Ed.2d 504 (1991);
FWIPBS. Inc. v. City of Dallas, 493 U.S. 215, 110 S.C!. 596, 107 L.Ed.2d 603 (1990); City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41,106 S.C!. 925, 89 L.Ed.2d 29 (1986); and Youllg
v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.C!. 2440, 49 L.Ed.2d 310 (1976); decisions of
the United Stated Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh
v. City of La Habro (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. dellied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1\08
(9th Cir. 2001); Young v. City ofSimi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S.
1104 (2001); Lim Y. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. dellied 121 S.C!.
1189 (2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted
121 S.C!. 1223 (2001); Baby Tam & Co" Inc, v. City of Las Vegas ("Baby Tam J''), 154 F.3d
1097 (9th Cir. 1998); Baby Tam & Co., Inc. Y. City of Las Vegas ("Baby Tam 11''),199 F.3d
1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam III''), 247 F.3d
1003 (9th Cir. 2001); 4805 Convoy.Jnc. v, City of San Diego, 183 F.3d 1108 (9th Cir. 1999);
Topallga Press, InC. Y. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert, denied 511 U.S.
1030 (1994); Kev, fnc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of
Kent, 163 F.3d 545 (9th Cir. 1998), cert, denied 529 U.S. 1053 (2000); several California cases,
including but not limited to: Tily B., Inc. v. City of Newport Beach, 69 Ca1.App.4th 1 (1998); City
of National City v. Wiener, 3 Ca1.4th 832 (1993), cert. denied 510 U.S. 824; People v. Superior
Court (Lucero) 49 Ca1.3d 14 (1989); Department of Alcoholic Beverage Control v, Alcoholic
Beverage Appeals Bd. of California ("Vicary'') 99 Ca1.App.4th 880 (2002); and City of Vallejo
v. Adult Books, 167 Ca1.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other
federal cases, including but not limited to: Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th
Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993);
Lakeland Lounge y, City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cert, denied 507 U.S.
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1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cert.
denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City ofBiloxi, 779 F.2d 1074 (5th Cir.
1986). Copies of the decisions are available for public review in the City Clerk's office,
D. The City Council further finds the following, based in part upon its understanding
of the documents, including but not limited to documents describing the experiences of Arcadia,
the declarations of police officers in other jurisdictions setting forth their experiences, and
judicial decisions in the public record:
1. Evidence indicates that some dancers, models, entertainers, performers,
and other persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers") have been found to
engage in sexual activities with patrons of adult businesses on the site of the adult business.
2. Evidence has demonstrated that performers employed by adult 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 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 locations for engaging in unlawful sexual activity.
5. As a result of the above, and the increase in incidences ofHIV, AIDS,
hepatitis B, and hepatitis C which are sexually transmitted or blood borne diseases, the City has a
substantial interest in adopting regulations that will reduce the possibility for the occurrence of
prostitution and unlawful sex acts at adult businesses in order to protect the health, safety, and
well-being of its citizens. The City finds this is relevant to the experience of Arcadia and the
need to regulate the secondary effects of adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the City
must be protected by the establishment of standards to diminish the possibility of infection of
contagious diseases.
E. 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 Health Department, in 1998
1,624 cases of AIDS were diagnosed in Los Angeles County and 184 AIDS-related deaths were
reported. According to the most recent statistics available for 1999,464 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
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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.
F. 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 ofHIV.
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 Arcadia.
G. The City Council has also determined that live entertainment facilities with or
without the service of alcohol bring deleterious secondary effects into the community and it is
necessary to protect the health, safety, and general welfare of the citizens of the City of Arcadia.
In addition to the findings in studies conducted in other cities regarding increases in crime rates
and 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. [Ilc., v. Kitsap County, 793 F.2d 1053
(9th Cir. 1986); Co/acurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); and Tily B. v. City of
Newport Beach (1999) 69 Ca1.App.4th 1, regarding how live adult entertainment facilities result
in secondary effects such as prostitution, drug dealing; and other law enforcement problems. The
City has a reasonable basis to conclude that these secondary effects are in play for live
entertainment facilities which do not serve alcohol which are many times referred to as "nude
juice bars" but in most cases provide totally nude dancers on a raised center stage and offer some
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type of off stage activity. It is important to note that the same dancers who perform on stage
totally nude then add a minimal amount of clothing and move immediately off stage in most
cases offering some type of off stage fare typically referred to as lap dances wherein the
entertainer will mount the patron and rub various body parts on the patron's clothed genitals
often times until the patron ejaculates. The City has relied on information from police officers
from its jurisdiction as well as information as to the experiences of sister communities to support
its finding that live entertainment facilities have increased crime, including drug related
activities, all of which place an added burden on the resources of the City's police department.
H. The City also takes legislative note of the nwnber of courts that 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: Gamnzoh v, City of La Habra (9th Cir. 2005)
395 F.3d 1114; Tily B. v. City of Newport Beach (1999) 69 Ca1.App.4th 1; Colacurcio v. City of
Kent, 163 F.3d 545 (9th 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). The City
Council finds that a 6 foot separation is appropriate for reasons which include, but are not limited
to: the fact that 6 feet is approximately the distance of two outstretched arms; and it also assists
in enforcing the prohibitions against physical contact and prevents the transmission of illegal
drugs. The City Council further finds that the city has continuously and correctly interpreted its
existing operational requirements to permit off-stage performances so long as such off-stage
performances are perfonned no closer than within 6 feet of a patron and that such interpretation
is consistent with the City Councils intent.
1. The City Council recognizes the possible harmful effects on children and minors
exposed to the effects of adult businesses and recognizes the need to enact regulations which will
minimize and/or eliminate such exposure. The City Council takes legislative notice of the Penal
Code provisions authorizing local governments to regulate matter that is harmful to minors (i.e.,
Penal Code S 313 et seq.). The City Council further takes legislative notice of the cases that
recognize that protection of minors from sexually explicit materials is a compelling government
interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117
(1997) and Berry v. City of Santa Barbara, 40 Ca1.App.4th 1075 (1995).
J. While the City Council desires to protect the rights conferred by the United States
Constitution to adult businesses, it desires to do so in a manner that ensures the continued and
orderly use and development of property within the City and diminishes, to the greatest extent
feasible, those undesirable adverse secondary effects which the above mentioned studies have
shown to be associated with the operation of adult businesses.
. K. Locational and operationallimits on adult facilities are a legitimate and
reasonable means of reducing adult businesses' secondary effects and helping to assure that such
businesses comply with reasonable regulations to minimize and control problems associated with
such businesses and thereby protect the health, safety, and welfare of Arcadia residents, protect
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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.
The requirements contained in this Ordinance do not unreasonably restrict the establishment or
operation of constitutionally protected adult businesses in the City of Arcadia.
L. The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication. For example, the
closing hours requirement means that adult businesses are free to operate seven (7) days a week
for sixteen (16) hours per day. The City Council takes note of the proliferation of adult material
on the Internet, satellite television, direct television, CDs, 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.C!. 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 mediwn 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. An adult business no longer has to be physically
located in a City to be available in the community.
M. Zoning, licensing or regulatory permits, along with operating standards are a
legitimate and reasonable means of ensuring that adult businesses are located in places and
conducted in a manner so as to minimize their adverse secondary effects and to help assure that
such operators, businesses, licensees and permittees comply with reasonable regulations related
to such requirements to minimize and control problems associated with such businesses and
thereby protect the health, safety, and welfare of Arcadia residents, protect 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.
N. The requirements contained in this Ordinance do not unreasonably restrict the
establishment or operation of constitutionally protected adult businesses in Arcadia, and a
sufficient and reasonable nwnber of alternative locations for adult businesses are provided by the
City of Arcadia. The City Council takes legislative notice of the United States Supreme Court
decision in Renton that requires the City provide adult businesses a reasonable opportunity to
open and operate. The City Council also takes legislative notice of the Ninth Circuit's decision
in Topanga Press, Lim v. City of Long Beach; Isbell v. City of San Diego; and World Wide Video
v. City of Spokane with respect to availability of sites for adult businesses and finds that there are
sufficient sites availabk for adult businesses within the City.
O. It is not the intent of the City Council of the City of Arcadia in enacting this
Ordinance or any provision here of to condone or legitimize the distribution of obscene material,
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and the City and its Council recognize that State law prohibits the distribution of obscene
materials and expect and encourage law enforcement officials to enforce State obscenity statutes
against such illegal activities in Arcadia.
P. The City Council does not intend to regulate in any area preempted by California
law, including but not limited to, regulation of obscene speech, nor is it the intent of the City
Council to preempt regulations of the State Department of Alcoholic Beverage Control ("ABC").
Q. 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 matter, or the exhibition or
public display thereof.
SECTION 1. Chapter 2, Article XI of the Arcadia Municipal Code is hereby amended by
deleting Sections 9279.1 and 9279.4 through 9279.14 of Chapter 2, Article XI and relocating
them to Chapter 8, Article VI of the Arcadia Municipal Code, with renumbered sections,
SECTION 2. A new Section 9279.1 is hereby added to Chapter 2, Article XI of the
Arcadia Municipal Code to read in its entirety as follows:
"9279.1. DEFINITIONS
The definitions contained in the Arcadia Municipal Code, specifically those found in
Chapter 8, Article VI shall govern for purposes of this chapter."
SECTION 3. Section 9279.3 of Chapter 2, Article XI of the Arcadia Municipal Code is
hereby amended to read in its entirety as follows:
"9279.3. PERMIT REQUIREMENTS
A. All adult businesses that meet the zoning and location requirements set forth in
this Division are also subject to the adult business regulatory permit requirements of this Section,
and the requirements of Chapter 8, Article VI, as well as all other applicable ordinances of the
City and laws of the State of California.
B. Applications must be complete and accompanied by the following:
1. Two (2) sets of preliminary site plans drawn to scale and clearly dimensioned
which include but are not limited by the following:
a) Scale and north arrow.
b) Street addresses oflot or lots to be included as part of the adult
entertainment business.
c) Size oflots accurately dimensioned.
d) Location and size of all existing and proposed structures.
e) Location and size of all existing and proposed parking stalls.
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f) Location of all landscaped area.
g) Location of trash area(s).
h) Location of proposed exterior lighting system as required by Section 6805
of Chapter 8, Article VI.
2. Two (2) sets of preliminary floor plans drawn to scale including square
footage and clearly dimensioned showing the interior configuration of the
premises and showing compliance with the perfonnance standards set forth in
the Ordinance codified in this Division.
3. A radius map(s) illustrating:
a) The distance from any other adult business measured between the nearest
exterior wall of the facility or tenant space housing such use or proposed
use along the shortest route intended and available for public traverse
between said uses; and
b) The distance from any existing residentially zoned property, park,
recreation area, religious establishment, library, school or day care facility.
The distances set forth above shall be measured between the nearest
exterior wall of the facility or tenant space housing the adult business or
the proposed adult business and the nearest property line included within
the residential zone, park, recreation area, religious establishment, library,
school or day care facility, along a straight line extended between two (2)
points." ,
4. The Director may waive receipt of some of the above infonnation if the
Director detennines that such infonnation is not necessary. The Director may
require additional infonnation if the Director deems such infonnation
necessarily to adequately evaluate the application.
SECTION 4. S(:ction 9279.15 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 9279.4.
SECTION 5. Section 9279.16 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 9279.5.
SECTION 6. Chapter 8, entitled "Adult Business License," is hereby added to Article VI
of the Municipal Code with sections numbered 6800 et seq.
SECTION 7. Section 6800 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
"6800. PURPOSE
The intent of this chapter is to regulate uses which, because of their very nature, are
believed to have any of the recognized significant secondary effects on the community which
include, but are not limited to: depreciated property values and increased vacancies in residential
and commercial areas in the vicinity of Adult Oriented Businesses; interference with residential,
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commercial and industrial property owners' enjoyment of their property when such property is
located in the vicinity of Adult Oriented Businesses due to increased crime, debris, noise and
vandalism; higher crime rates in the vicinity of Adult Oriented Businesses; and blighting
conditions such as low-level maintenance of commercial premises and parking lots which
thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is
necessary to ensure that these adverse effects will not contribute to the blighting or downgrading
of the neighborhoods in the vicinity of the Adult Oriented Businesses. In approving the
regulations contained in this article, the city council has reviewed detailed studies, reports and
letters prepared by other jurisdictions and its own staff with respect to the detrimental social,
health and economic effects on persons and properties surrounding Adult Oriented Businesses.
These studies include Uplarid, California (1992); 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); Los Angeles, California (1977); State of Minnesota,
Attorney General Report (1989); Newport news, Virginia (1996); St. Paul, Minnesota (1987);
Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively
"Studies"). The Studies substantiate the adverse, secondary effects of adult businesses. It is
neither the intent nor effect of this chapter to impose limitations or restrictions on the content of
any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors or exhibitors of sexually oriented materials to their intended
market.
Nothing in this chapter 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 exposure, sexual
conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof."
SECTION 8. Section 6801 (formerly Section 9279.1) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6801. DEFINITIONS.
In addition to any other definitions contained in the Municipal Code, the following words
and phrases shall, for the purpose of this Division and Article VI, Chapter 7, be defined as
follows, unless it is clearly apparent from the context that another meaning is intended. Should
any of the definitions be in conflict with any current provisions of the Municipal Code, these
definitions shall prevail.
A. "Adult arcade" shall mean a business establishment to which the public is permitted or
invited and where coin, card or slug operated or electronically, electrically or mechanically
controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality
devices or other image-producing devices are maintained to show images on a regular or
substantial basis, where the images so displayed are distinguished or characterized by an
emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical
areas." Such devices shall be referred to as "adult arcade devices. II
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8. "Adult booth/individual viewing area" shall mean a partitioned or partially enclosed
portion of an adult business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the
performances and/or images displayed or presented are distinguished or
characterized by their emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas"; or
2. Where "adult arcade" devices are located.
C. "Adult business" shall mean:
I. A business establishment or concern that as a regular and substantial course of
conduct operates as an adult retail store, adult motion picture theater, adult
arcade, adult cabaret, adult motel or hotel, adult modeling studio (as these
phrases are defined in this section); or
2. A business establishment or concern which as a regular and substantial course
of conduct offers, sells or distributes "adult oriented material" or "sexually
oriented merchandise," or which offers to its patrons materials, products,
merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing, or relating to "specified sexual activities" or
"specified anatomical areas" but not including those uses or activities (as these
phrases are defined in this section) which are preempted by State law.
D. "Adult cabaret" shall mean a business establishment (whether or not serving alcoholic
beverages) that features "adult live entertainment."
E. "Adult hotel/motel" shall mean a "hotel" or "motel" (as defined in the Municipal
Code) that is used for presenting on a regular and substantial basis images through closed circuit
television, cable television, still or motion picture machines, projectors, videos, holograms,
virtual reality devices or other image-producing devices that are distinguished or characterized
by the emphasis on matter depicting or describing or relating to "specified sexual activities" or
"specified anatomical areas" (as these phrases are defined in this section). '
F. "Adult live entertainment" shall mean any physical human body activity, whether
performed or engaged in, alone or with other persons, including but not limited to singing,
walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1)
the performer (including but not limited to a topless and/or bottomless dancers, go-go dancers,
exotic dancers, strippers, or similar performers) exposes to public view, without opaque
covering, "specified anatomical areas"; and/or (2) the performance or physical human body
activity depicts, describes, or relates to "specified sexual activities" whether or not the specified
anatomical areas are covered.
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G. "Adult modeling studio" shall mean a business establislunent which provides for any
form of consideration, the services of a live human model, who, for the purposes of sexual
stimulation of patrons, displays "specified anatomical areas" to be observed, sketched,
photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such
consideration. "Adult modeling studio" does not include schools maintained pursuant to
standards set by the Board of Education of the State of California.
H. "Adult motion picture theater" shall mean a business establislunent, with or without a
stage or proscenium, where, on a regular and substantial basis and for any form of consideration,
material is presented through films, motion pictures, video cassettes, slides, laser disks, digital
video disks, holograms, virtual reality devices, or similar electronically-generated reproductions
that is characterized by the depiction or description of "specified sexual activities" or "specified
anatomical areas. II
1. "Adult oriented material" shall mean accessories, paraphernalia, books, magazines,
laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion
pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or
devices including computer software, or any combination thereof that is distinguished or
characterized by its emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually
oriented merchandise. II
J. "Adult retail store" shall mean a business establislunent having as a regular and
substantial portion of its stock in trade, "adult oriented material" and/or "sexually oriented
merchandise. "
K. "Day care facility" or "day care center" means any child day care facility as defined in
Section 1596.750 of the California Health and Safety Code other than family day care homes.
1. "Establislunent of an adult business" shall mean any of the following:
1. The opening or commencement of any "adult business" (as defined earlier) as
a new business;
2. The conversion of an existing business, whether or not an "adult business," to
any "adult business";
3. The addition of any "adult business" to any other existing "adult business";
4. The relocation of any "adult business"; or
5. Physical changes that expand the square footage of an existing "adult
business" by more than ten percent (10%).
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M. "Owner/permit holder" shall mean any of the following: (1) the sole proprietor of an
adult business; (2) any general partner of a partnership that owns and operates an adult business;
(3) a corporation; (4) the owner ofa controlling interest in a corporation or limited liability
company that owns :md operates an adult business; or (5) the person designated by the officers
of a corporation or the members of a Limited Liability Company to be the permit holder for an
adult business owned and operated by the corporation.
N. "Park" shall mean any park, playground, swimming pool, golf course or athletic field
within the City which is under the City's control, operation and management, and the Arcadia
County Park.
O. "Performer" shall mean any person who is an employee or independent contractor of
an adult business, and who, with or without any compensation or other form of consideration,
performs adult live entertairunent for patrons of an adult business. Performer does not include a
patron.
P. "Religious institution" shall mean structure or facility that is used primarily for
religious worship and related religious activities such as a church, temple or synagogue.
Q. "Residential zone" shall mean any property within the City which carries a zoning
designation of: R-M Residential Mountainous Zone Single Family Zone; R-O Residential First
One-Family; R-l Residential Second One-Family; R-2 Medium Density Multiple-Family
Residential Zone; and R-3 Multiple Family Residential Zone.
R. "School" shall mean any institution of learning for minors, whether public or private,
offering instruction in those courses of study required by the California Education Code and/or is
maintained pursuant to standards set by the Board of Education of the State of California and has
an approved use permit, if required under the applicable jurisdiction. This definition includes a
nursery school, kindergarten, elementary school, middle or junior high school, senior high
school, or any special institution of education under the jurisdiction of the California Department
of Education, but it does not include a vocational or professional institution of higher education,
including a community or junior college, college, or university. It does not include private
instructional and/or tutoring facilities.
S. "Sexually oriented merchandise" shall mean sexually oriented implements,
paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented
vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and
battery operated vaginas, and similar sexually oriented devices which are designed or marketed
primarily for the stimulation of human genital organs or sado-masochistic activity or
distinguished or characterized by their emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas. II
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T. "Specified anatomical areas" shall mean and include any of the following:
1. Less than completely and opaquely covered, and/or simulated to be
reasonably anatomically correct, even if completely and opaquely covered
human:
a) genitals, pubic region;
b) buttocks, anus; or
c) female breasts below a point immediately above the top ofthe areola; or
2. Human male genitals in a discernibly lurgid state, even if completely or
opaquely covered.
U. "Specified sexual activities" shall mean and include any of the following, irrespective
of whether performed directly or indirectly through clothing or other covering:
1. Humim genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Simulated sexual intercourse; and/or
4. Use of human or animal ejaculation, sodomy, oral copulation, coitus or
masturbation; and/or
5. Masochism, erotic or sexually oriented torture, beating, or the infliction of
pain, or bondage and/or restraints; and/or
6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
7. Fondling or other erotic touching of human genitals, pubic region, buttock, or
female breast. (Former Section 9279.1 repealed and new Section 9279.1
added by Ord. 2178 adopted 5-6-03)"
SECTION 9. Section 6802 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
"6802. PERMIT REQUIRED
In addition to the requirements of Section 9279, et seq., of this Code, no adult business
shall be permitted to operate, engage in, conduct or carry on business within the City unless the
owner of the business first obtains both an Adult Business Regulatory permit and a business
license from the City."
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SECTION 10. Section 6803 (formerly a part of Section 9279.3) of Chapter 8, Article VI
of the Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6803. PERMIT REQUIREMENTS.
A. It shall be unlawful for any person to establish, operate, engage in, conduct, or
carry on any adult business within the City of Arcadia unless the person first obtains, and
continues to maintain in full force and effect, an adult business regulatory permit as herein
required. Any occun'ence of the "establishment of an adult business" as defined in Arcadia
Municipal Code Section 6801(L) shall require a new application for an adult business use permit.
The adult business use permit shall be subject to the development and operational standards
contained in Sections 6805.
B. Permit applicants shall file a written, signed, and verified application on a form
provided by the Director of Development Services or designee (hereinafter referred to as
"Director"). Any changes in information on an application shall be submitted on a supplemental
application within ten (10) working days of each such change. Such application shall contain the
following information and shall also include applicant's acknowledgment that he/she has read
and understands all requirements set forth in Section 6805.
1. If the permit applicant is an individual, the individual shall state his or her legal name,
including any aliases, telephone number, home address (including previous addresses), tax
identification number, social security number, information regarding past adult business
ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18)
years of age.
2. If the permit applicant is a partnership, the partners shall state the partnership's
complete name, address, and telephone number, and the names (including aliases), telephone
number, home address (including previous addresses), tax identification number, social security
number, and information on past adult business ownership of all partners. The applicant and all
the partners shall also submit satisfactory written proof that he or she is at least eighteen (18)
years of age and whether the partnership is general or limited; and shall attach a copy of the
partnership agreement, if any.
3, If the permit 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 the State of Cali fomi a , the names and capacities of all officers and directors, the name of
the registered corporate agent, and the address of the registered office for service of process.
4. If the permit applicant is an individual, he or she shall sign the application. If the
permit applicant is other than an individual, each individual or entity with a ten percent (10%) or
greater interest in the business entity shall sign the application. Any individual who signs the .
application must also provide his or her name, including any aliases, home address (including
previous addresses), telephone number, date of birth, social security number, information
regarding past adult business ownership, and shall submit satisfactory written proof that he or
she is at least eighteen (18) years of age.
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5. Ifthe permit applicant intends to operate the adult business under a name other than
that of the permit applicant, the permit applicant shall file the fictitious name of the adult
business and show proof of registration of the fictitious name.
6. A description of the type of adult business for which the permit is requested and the
proposed address where the adult business will operate, plus the names and addresses ofthe
owners and lessors of the adult business site. Ifpremises are leased, a complete copy of the
current lease must be attached. The property owner must sign the application.
7. The address to which notice of action on the application is to be mailed.
8. The full names, aliases, if any, addresses, telephone numbers and date of birth of all
employees, independent contractors, and other persons who will perform at the adult business,
who are required by Section 6700 et seq. to obtain an adult business performer license. This
information shall be updated by the licensee of the adult business establishment within five (5)
days of retention of any new or additional employees, independent contractors, and other persons
who will perform at the adult business, who are required by Section 6700 et seq. to obtain an
adult business performer license. All persons who have been issued an adult business regulatory
permit shall promptly supplement the information provided as part of the application for the
permit with the names of all employees, independent contractors, or other persons, who are
required to obtain an adult business performer license, within ten (10) working days of any
change in the information originally submitted. The information obtained by the City pursuant to
this subsection B(8) shall be kept confidential.
9. Permit applications shall include a signed and verified statement that:
A. The permit applicant, if an individual, or each shareholder, partner, officer and
director, or other party possessing a ten percent (10%) or greater interest, if a partnership or
corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by
this or any other state as a sex or sex -related offense; or
B. If there has been a conviction or a plea, then:
(1) More than two (2) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a misdemeanor; or
(2) More than five (5) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a felony; or
(3) More than five (5) years have elapsed between the date of the last conviction or plea,
or the date of release from confinement for the last conviction or plea, whichever is the later
date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or
a combination of misdemeanor offenses occurring within any twenty-four (24) month period.
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C. The completed application shall be accompanied by a non-refundable application fee.
Said fee shall be set ti)rth by Resolution of the City Council.
D. The completeness of an application for an adult business regulatory permit shall be
determined by the Director within five (5) working days of its submittal. If the Director
determines that the permit application is incomplete, the Director shall immediately notify in
writing the permit applicant of such fact and the reasons therefor, including any additional
information necessary to render the application complete. Such writing shall be deposited in the
U.S. mail, postage prepaid, immediately upon determination that the application is incomplete.
Within five (5) working days following the receipt of an amended application or supplemental
information, the Director shall again determine whether the application is complete in
accordance with the provisions set forth above. Evaluation and notification shall occur as
provided herein until such time as the application is found to be complete.
E. The fact that a permit applicant possesses other types of State or City permits or
licenses does not exempt the permit applicant from the requirement of obtaining an adult
business regulatory permit."
SECTION 11. Section 6804 (formerly Section 9279.4) of Chapter 8, Article VI of the '
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6804. INVESTIGATION & ACTION ON APPLICATION FOR ADULT BUSINESS
REGULATORY PERMIT
A. The completeness of an application for an adult business regulatory permit shall be
determined by the Director of Development Services or his designee (hereinafter "Director")
within five (5) working days of its submittal. If the Director determines that the permit
application is incomplete, the Director shall immediately notify in writing the permit applicant of
such fact and the reasons therefor, including any additional information necessary to render the
application complete. Such writing shall be deposited in the U.S. mail, postage prepaid,
immediately upon determination that the application is incomplete. Within five (5) working days
following the receipt of an amended application or supplemental information, the Director shall
again determine whether the application is complete in accordance with the provisions set forth
above. Evaluation and notification shall occur as provided herein until such time as the
application is found to be complete.
B. Upon receipt of a completed application and payment of the application and permit
fees, the Director shall immediately write or stamp the application "Received" and, in
conjunction with City staff and the Chief of Police, shall promptly investigate the information
contained in the application to determine whether an adult business regulatory permit shall be
granted.
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C. Within ten (10) working days of receipt of the completed application, the Director
shall issue or deny the license, unless extended for five (5) additional working days upon a
showing of good cause. Only one such extension shall be permitted unless requested by the
applicant.
D. In reaching a decision, the Director shall not be bound by the formal rules of evidence
in the California Evidence Code.
E. The failure of the Director to render any decision within the time frames established in
any part ofthis Section shall be deemed to constitute an approval, subject to appeal to the
Business License Review Board, pursuant to Section 6807. The Director's decision shall be hand
delivered or mailed to the applicant at the address provided in the application, and shall be
provided in accordance with the requirements of this Code.
F. Notwithstanding any provisions in this Section regarding the occurrence of any action
within a specified period of time, the applicant may request additional time beyond that provided
for in this Section or may request a continuance regarding any decision or consideration by the
City of the pending application. Extensions of time sought by applicants shall not be considered
delay on the part of the City or constitute failure by the City to provide for prompt decisions on
applications.
G. The Director shall grant or deny the application in accordance with the provisions of
this Section, and so notify the applicant as follows:
1, The Director shall write or stamp "Granted" or "Denied" on the application and date
and sign such notation.
2. If the application is denied, the Director shall attach to the application a statement of
the reasons for the denial.
3. If the application is granted, the Director shall stamp "Approved" on the application.
H. The Director shall grant the application and issue the adult business regulatory permit
unless the application is denied based upon one (1) or more of the criteria set forth in subsection
J below.
I. If the Director grants the application, the applicant may begin operating the adult
business for which the permit was sought, subject to strict compliance with the development and
operational standards and requirements of this Division. The permit holder shall post the permit
conspicuously in the premises of the adult business.
J. The Director shall deny the application for any of the following reasons:
1. The adult business does not comply with the zoning and location standards found in
Section 9279.2.
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2. The adult business does not comply with the development, operational or performance
standards found in this Division.
3. The permit applicant, his or her employee, agent, partner, director, officer, shareholder
with a ten percent (10%) or greater interest, or manager has made any false, misleading, or
fraudulent statement of material fact in the application for an adult business regulatory permit or
in any report, record, or document required to be filed with the application, the Police
Department, Sheriff, other law enforcement agency, or other department of the City.
4. The permit applicant is under eighteen (18) years of age.
5. The required application fees have not been paid.
6. The permit applicant, if an individual, or any shareholder, partner, officer, director or
other party possessing a ten percent (10%) or greater interest, if a partnership or corporation, has:
(a) Pled guilty or nolo contendere or been convicted of an offense classified by this or
any other state as a sex or sex-related offense; and
(b) (1) Less than two (2) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a misdemeanor; or
(2) Less than five (5) years have elapsed between the date of conviction or plea, or the
date of release from confinement for a conviction or plea, whichever is the later date, and the
date of application if the conviction or plea is a felony; or
(3) Less than five (5) years have elapsed between the date of the last conviction or plea,
or the date of release from confinement for the last conviction or plea, whichever is the later
date, and the date of application if the convictions or pleas are two (2) or more misdemeanors or
a combination of misdemeanor offenses occurring within any twenty-four (24) month period.
7. Within the past eighteen (18) months the applicant, including, but not limited to, an
owner, partner or shareholder with a 10% or greater financial interest has been found to have
violated any provision of this division, has had an adult oriented business permit or similar
entitlement permitting the establishment of an adult or sexually oriented business revoked,
regardless of whether such revocation occurred within the City or in some other jurisdiction.
K. An applicant cannot re-apply for an adult business regulatory permit for a location for
which the applicant previously submitted an application within one (1) year from the date of
prior denial, if the denial is based on Subsection (J)(6). Denial for any other reason shall be
without prejudice to re-application at any time.
L. Any affected person may appeal the decision of the Director in writing in accordance
with the provisions of Section 6807."
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SECTION 12. Section 6805 (formerly Section 9279.5) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6805. DEVELOPMENT AND OPERATING STANDARDS.
A. Hours of Operation. It shall be unlawful for any permitee, owner, operator, manager or
employee of an adult business to allow such adult business to remain open for business, or to
permit any employee or performer to engage in a performance, solicit a performance, make a
sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a,m. and
10:00 a.m. of any day excepting herefrom an "adult hotel/motel. II
B. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult
business shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in
such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and
nearby public and private properties. Inoperable and/or broken lights shall be replaced within
twenty-four (24) hours.
C. Interior Lighting Requirements. All interior areas of the adult business excepting
therefrom adult hotels and motels shall be illuminated at a minimum of I .00 foot-candle,
maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced
within twenty-four (24) hours.
D. Minors' Access.
1. To the extent that it is in conformity with the Penal Code, movies, videotapes, digital
video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion
Picture Association of America ("MP AA") or which have not been submitted to the MP AA for a
rating and which are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas shall be restricted to persons at least
eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing
access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs,
or laser disks that have been rated "X" or rated "NC-17" by the MP AA, or which have not been
submitted to the MPAA for a rating, and which consist of images which are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific
section of the establishment where persons under the age of eighteen (18) shall be prohibited.
2. For material relative to adult businesses not covered by Subsection (D)(I), of this
Section, access shall be restricted to persons over eighteen (18) years of age.
3. It shall be unlawful for any employee, owner, operator, responsible managing
employee, manager or permittee of an adult business to allow any person under the age of
eighteen (18) years upon the premises or within the confines of any adult business, either as a
patron or employee, ifno liquor is served, or under the age of twenty-one (21) ifliquor is served.
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E. Regulation of Adult BoothlIndividual Viewing Area.
1. No adult boothlindividual viewing area shall be occupied by more than one (I)
individual at a time.
2. Each adult booth/individual viewing area within the adult business shall be visible
from a continuous and accessible main aisle in a public portion of the establishment, and shall
not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit
a person from seeing the entire interior of the adult booth/individual viewing area from the main
aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain
any adult booth/individual viewing area in any configuration unless the entire interior wherein
the picture or entertainment is viewed is visible from one main aisle. The entire body of any
patron in any. adult booth/individual viewing area must be visible from the main aisle without the
assistance of mirrors or other device.
3. No doors are permitted on an adult booth/individual viewing area. No partially or fully
enclosed adult booth/individual viewing areas or partially or fully concealed adult
booth/individual viewing areas shall be permitted.
4. No holes or other openings (commonly known as "glory holes") shall be permitted
between adult booths/individual viewing areas. Any such hole or opening shall be repaired
within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or opening
to prevent patrons from removing the metal plates.
5. No beds shall be permitted in an adult booth/individual viewing area.
F. Interior of Premises. No exterior door or window on the premises of an adult business
shall be propped or kept open at anytime while the business is open and any exterior windows
shall be covered with opaque coverings at all times.
G. On-Site Manager--Security Measures. All adult businesses shall have a responsible
person who shall be at least twenty-one (21) years of age and shall be on the premises to act as
manager at all times during which the business is open. The individual designated as the on-site
manager shall be registered with the Director to receive all complaints and be given by the owner
and/or operator the responsibility and duty to address and immediately resolve all violations
taking place on the premises.
.
All adult businesses shall provide a security system that visually records and monitors all
parking lot areas during all business hours. At least one (1) security guard shall be on duty
outside the premises, patrolling the grounds and parking lot at all times. The security guard shall
be charged with preventing violations oflaw and enforcing the provisions of this chapter. All
security guards shall be uniformed so as to be readily identifiable as a security guard by the
public. No person acting as a security guard shall act as a door person, ticket taker or seller, or
any similar function, while acting as a security guard. For all adult oriented businesses providing
live entertainment, an additional security guard shall be provided with each increase in maximum
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occupancy of200 persons. Security guards shall be licensed under the California Private Security
Services Act, Business & Professions Code Section 7580 et seq.
H. Sign Requirements. All adult businesses shall comply with the following sign
requirements, in addition to those otherwise set forth in the Arcadia Municipal Code. Should a
conflict exist between the other requirements of the Arcadia Municipal Code and this subsection,
the more restrictive shall prevail.
I. If an adult business does not serve alcohol, it shall post a notice inside the
establishment, within ten (10) feet of every entrance used by customers for access to the
establishment, stating that persons below the age of eighteen (18) years of age are prohibited
from entering onto the premises or within the confines of the adult business. This notice shall be
posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six
(6) inches by six (6) inches, with a minimum typeface of twenty-five (25) points on contrasting
background. If the adult business serves alcohol, it shall comply with all notice and posting
requirements of the Alcoholic Beverage Control Department.
2. No material relative to adult businesses on the premises shall be displayed in window
areas or any area where they can be viewed from the sidewalk in front of the building.
1. Adult Live Entertainment--Additional Operating Requirements. The following
additional requirements shall pertain to adult businesses providing live entertainment. No person,
association, partnership, or corporation shall engage in, conduct or carry on, or permit the
operation of an adult business to engage in, conduct or carry on unless all of the following
requirements are met:
I. No employee. owner, operator, responsible managing employee, manager or permittee
of such use shall allow any person below the age of eighteen (18) years upon the premises or
within the confines ifno liquor is served, or under the age of twenty-one (21) ifliquor is served.
2. Except as provided below, no performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities shall
perform such adult live entertainment at an adult business except upon a permanently fixed stage
at least eighteen (18) inches above the level of the floor surrounded by a railing at least thirty
(30) inches high which railing is set back from the outside edges of the stage by six (6) feet. The
performer then performing live entertainment characterized by the exposure of specified
anatomical areas or specified sexual activities shall only perform such live entertainment six (6)
feet or more from a patron while the performer is so performing.
3. A performer shall only be permitted to perform off-stage adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities when
such performer is at least six (6) feet from a patron while the performer is so performing. This
provision shall not apply to an individual viewing area where the performer is completely
separated from the patron by a floor to ceiling permanent solid barrier enclosed on all sides such
that access by the patron is not possible.
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4. 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 or
the buttocks, 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.
5. All employees, except therefrom performers while performing, shall, at a minimum
while on or about the premises or tenant space, wear an opaque covering which covers their
speci tied anatomical areas.
6. No perfomler then performing adult live entertainment characterized by the exposure
of specified anatomical areas or specified sexual activities shall accept directly from a patron,
and no patron shall directly hand to such performer any tip or gratuity, throw tips to performers,
or place tips in the performers' costumes. Patrons shall be advised of these tipping and gratuity
requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be
advised of the tipping and gratuity requirements by employees or independent contractors of the
adult business.
7. The adult business shall provide dressing rooms for performers that are separated by
gender and exclusively dedicated to the performers' use, and which the performers shall use.
Same gender performers may share a dressing room. Patrons shall not be permitted in dressing
rooms.
8. The adult busine'ss shall provide an entrance/exit for performers which is separate from
the entrance/exit used by patrons, which the performers shall use at all times.
9. The adult 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 business shall provide a minimum three (3) 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 performers capable of (and which actually results in) preventing
any physical contact between patrons and performers. Nothing in this Section is intended to
exempt the adult business from compliance with the provisions of Title 24 of the California Code
of Regulations pertaining to handicapped accessibility.
10. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the
separations between performers and patrons required by this Subsection.
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J. Adult Motion Picture Theater. An adult motion picture theater shall observe the
following special requirements:
1. If the theater contains a hall or auditorium area, the area shall comply with each of the
following provisions:
a. Have individual, separate seats, not couches, benches, or the like, to accommodate the
maximum number of persons who may occupy the area;
b. Have a continuous main aisle alongside of the seating areas in order that each person
seated in the areas shall be visible from the aisle at all times; and
c. Have a sign posted in a conspicuous place at or near each entrance to the hall or
auditorium area which lists the maximum number of persons who may occupy the hall or
auditorium area, which number shall not exceed the number of seats within the hall or
auditorium area.
2. If an adult motion picture theater is designed to permit outdoor viewing by persons
seated in automobiles, it shall have the motion picture screen so situated, or the perimeter ofthe
establishment so fenced, that the material to be seen by those persons may not be seen from any
public right-of-way, day care facility, park, school, or religious institution, as those terms are
defined in this Division.
K. Regulation of Public Restroom Facilities. If the adult business is required to provide
restrooms for patron use, it shall provide separate restroom facilities for male and female patrons.
The restrooms shall be free from adult oriented material. Only one (I) person shall be allowed in
each restroom at any time, unless otherwise required by law, in which case the adult business
shall employ a restroom attendant of the same sex as the restroom users who shall be present in
the public portion of the restroom during operating hours. The attendant shall ensure that no
person of the opposite sex is permitted into the restroom, and that not more than one (I) person is
permitted to enter a restroom stall, unless otherwise required by law, and that the restroom
facilities are used only for their intended sanitary purposes. Access to restrooms for patron use
shall not require passage through an area used as a dressing area by performers.
L. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with
a plastic bag at least once a day. (Amended by Ord. 2178 adopted 5-6-03)"
SECTION 13. Section 6806 (formerly Section 9279.6) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6806. TRANSFER OF ADULT BUSINESSES OR ADULT BUSINESS
REGULATORY PERMITS.
A. A permit holder shall not operate an adult business under the authority of an adult
business regulatory permit at any place other than the address of the adult business stated in the
application for the permit.
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B. In the event of a transfer of ownership of the adult business or the adult business
regulatory permit, the new owner shall be fully informed by the transferor of the requirements of
this Division, including the operational and development standards of Section 6805 and the
provisions relating to adult business performer licenses including disqualification from certain
criminal convictions pursuant to Sections 6804(J)(6) and 6703(C)(3).
C. In the event of a transfer of the adult business or the adult business regulatory permit,
the transferee must provide the City with the following information at least thirty (30) days prior
to the transfer.
D. No permit shall be transferred to a transferee with criminal convictions as set forth in
Section 6804(J)(6). Such transfers are de~med to be null and void.
E. If the permit holder is a corporation and the corporation retains ownership of the
business, the sale of the corporate stock shall not be considered a transfer of an adult business
regulatory permit under this section. The new shareholders shall provide all information required
under Section 6803 (B)(4) within ten (10) working days of sale of stock."
SECTION 14. Section 6807 (formerly Section 9279.7) of Chapter 8, Article VI ofthe
Arcadia Municipal Code is hereby amended .to read in its entirety as follows:
"6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS
REGULATORY PERMITS/APPEAL PROCEDURE.
A. On determining that the grounds for permit denial, suspension, or revocation exist, the
Director shall furnish written notice of the proposed denial, suspension, or revocation to the
permit applicant or permit holder. Such notice shall set forth the time and place of a public
hearing before the Business License Review Board (hereinafter referred to as the "Board") and
the ground or grounds upon which the hearing is based, the pertinent Arcadia Municipal Code
Sections, and a brief statement of the factual matters in support thereof. The notice shall be
mailed, postage prepaid, addressed to the address of the permit applicant or permit holder
provided to the City, or shall be delivered to the permit applicant or permit holder personally or
at the business, at least ten (10) working days prior to the hearing date. The hearing shall be
consistent with the following requirements:
I. All parties involved shall have the right to offer testimonial, documentary, and tangible
evidence bearing upon the issues and may be represented by counsel.
2. The Board shall not be bound by the formal rules of evidence.
3. Any hearing under this Section may be continued for a reasonable time for the
convenience of a party or witness at the request of the permit applicant or permit holder.
Extensions of time or continuances sought by a permit applicant or permit holder shall not be
considered delay on the: part ofthe City or constitute failure by the City to provide for prompt
decisions on permit denials, suspensions, or revocations.
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4. The Board may conduct the hearing itself or may delegate the hearing to a retired
judge who shall hear the case and make a proposed decision to the Board within five (5) working
days of the conclusion of the hearing. Upon receipt of the designee's proposed decision, the
Board shall convene within four (4) working days to render its decision. If the Board finds and
determines that there are grounds for denial, suspension or revocation, the Board shall impose
one of the following:
a. Denial of the permit or conditional granting of the permit;
b. Suspension of the permit for a specified period not to exceed six (6) months; or
c. Revocation of the permit.
The Board shall render a written decision that shall be hand delivered or overnight mailed
to the permit holder within five (5) working days of the Board convening to render its decision.
B. A permit may be suspended or revoked based on the following causes arising from the
acts or omissions of the permit holder, or an employee, agent, partner, director, stockholder with
a ten percent (10%) or greater interest, or manager of the permittee (unless an entertainer is an
employee, any entertainer shall be deemed to be an agent of the permittee for purposes of this
chapter):
1. The use or building, structure, equipment, or location used by the adult business fails
to comply with applicable building, fire, electrical, plumbing, health, and those zoning
requirements of the Arcadia Municipal Code or this Division relating to adult businesses,
including the adult business development and operating standards contained in Section 6805.
2. The permit holder has failed to obtain or maintain all required City, 'County, and State
licenses and permits.
3. The permit holder has made any false, misleading, or fraudulent statement of material
fact in the application for an adult business regulatory permit.
4. The permit is being used to conduct an activity different from that for which it was
issued.
5. The permit holder has failed to submit and/or update the information pertaining to
performers in accordance with Section 6803(B)(8).
6. An adult business has been operated without a responsible adult on the premises,
officially acting in the capacity of manager, at all times during which the business is open or
operating.
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7. That a permittee, including, but not limited to, an owner, partner, or shareholder with a
ten percent (10%) or greater financial interest, or employee of an adult business, has pled guilty
or nolo contendere or been convicted of an offense classified by this or any other state as a sex-
related offense and (a) less than two (2) years have elapsed since the date of conviction or the
date ofrelease from confinement of conviction to the date of application, whichever is the later
date, if the conviction is a misdemeanor, or (b) less than five (5) years have elapsed since the
date of conviction or the date of release from confmement of conviction to the date of
application, whichever is the later date, ifthe conviction is a felony; or (c) less than five (5) years
have elapsed since the date of the last conviction or the date ofrelease from confinement for the
conviction to the date of application, whichever is the later date, if the convictions are two (2) or
more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four
(24) month period.
8. That an individual employed by the adult business has been convicted of two (2) or
more sex-related offenses that occurred in or on the licensed premises within a twelve (12)
month period and was an employee of the adult business at the time the offenses were
committed.
9. That the use for which the approval was granted has ceased to exist or has been
suspended for more than six (6) months.
10. That the tr,msferee/new owner of an adult business or adult business regulatory
permit fails to comply with the requirements of Section 6806.
11. The permit holder, employee, agent, partner, director, stockholder with at least a ten
percent (10%) interest in the business, or manager 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 business; or a permittee has been convicted of violating any of the
following State laws on the premises of the adult business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
b. Use of the establishment as a place where unlawful solicitations for sexual intercourse,
sodomy, oral copulation, or masturbation openly occur.
c. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct
constituting violations of Sections 315, 316, 318 of the California Penal Code.
d. Any act constituting a felony involving the sale, use, possession, or possession for sale
of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the
California Health and Safety Code.
e. Any conduct constituting a criminal offense which requires registration under Section
290 of the California Penal Code.
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f. An act or omission in violation of any of the requirements of this Division if such act or
omission is with the knowledge, authorization, or approval of the permit holder or is as a result
of the permit holder's negligent supervision of the employees of the adult facility. This includes
the allowance of activities that are or become a public nuisance which includes the disruptive
conduct of business patrons whether on or immediately off the premises where such patrons
disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law
and otherwise impair the free enjoYment oflife and property.
C. In the event a permit is revoked (or suspended) pursuant to this Section, another adult
business regulatory permit to operate an adult business shall not be granted to the permittee, or
any other owner, manager, director, board member or immediate family member of any of the
above within eighteen (18) months after the date of such revocation (or if suspended, during the
period of suspension).
D. Nothwithstanding any other provision of this Code, the decision of the Business
License Review Board on any suspension or revocation shall be deemed final."
SECTION 15. Section 6808 (formerly Section 9279.8) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"6808. JUDICIAL REVIEW.
A. The time for a court challenge to a decision of the Board under Section 6807 is
governed by California Code of Civil Procedure S 1094.8.
B. Notice of the Board's decision and its findings under Section 6807 shall include
citation to California Code of Civil Procedure S 1094.8.
C. Any permit applicant or permit holder whose permit has been denied, suspended, or
revoked pursuant to Sections 6804 and/or 6807 shall be afforded prompt judicial review of that
decision as provided by California Code of Civil Procedure S 1094.8.
D. A suspension or revocation of an adult oriented business license shall be etTective
upon the latter to occur of the following: (I) the expiration of the time period within which the
permittee can commence judicial review of the revocation pursuant to Code of Civil Procedure
Section 1094.8 if no such action for review is filed; or (2) if judicial review is commenced, upon
issuance of judgment in the trial court."
SECTION 16. Section 9279.9 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6809 in Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 17. Section 6810 (formerly Section 9279.10) of Chapter 8, Article VI of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
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"6810. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER
THE AGE OF EIGHTEEN (18) YEARS PROHIBITED; TWENTY-ONE (21) IF ALCOHOLIC
BEVERAGES ARE SERVED.
A. Employees. Employees of an adult business must be at least eighteen (18) years of
age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee,
or other person in charge of any adult business to employ, contract with, or otherwise retain any
services in connection with the adult business with or from any person who is not at least
eighteen (18) years of age. If alcoholic beverages are served at the adult business, employees of
the adult business must be at least twenty-one (21) years of age. If alcoholic beverages are served
at the adult business, it shall be unlawful for any owner, operator, manager, partner, director,
officer, employee, or other person in charge of any adult business to employ, contract with, or
otherwise retain any se:rvices in connection with the adult business with or from any person who
is not twenty-one (21) years of age; and said persons shall exercise reasonable care in
ascertaining the true age of persons seeking to contract with, be employed by, or otherwise
service the adult business.
The provisions ofthis subsection do not apply to service employees (e.g., janitors, repair
and maintenance workers, or similar service workers) whose work is not conducted during the
normal hours of operation as set forth in Section 6805.
B. Patrons. Patrons.ofan adult business must be at least eighteen (18) years of age. It
shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other
person in charge of any adult business to permit to enter or remain within the adult business any
person who is not at least eighteen (18) years of age. Ifalcoholic beverages are served at the
adult business, patrons must be at least twenty-one (21) years of age. If alcoholic beverages are
served at the adult business, it shall be unlawful for any owner, operator, manager, partner,
director, officer, employee, or other person in charge of any adult business to permit to enter or
remain within the adult business any person who is not at least twenty-one (21) years of age; and
said persons shall exercise reasonable care in ascertaining the true age of persons entering the
adult business.
C. X-rated Movies. The selling, renting and/or displaying of movies, videotapes, digital
video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion
Picture Association of America ("MP AA") shall be restricted to persons at least eighteen (18)
years of age or older. If an establishment that is not otherwise prohibited from providing access
to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs,
or laser disks that have been rated "X" or rated "NC-I 7" by the MP AA, or which have not been
submitted to the MP AA for a rating, and which consist of images that are distinguished or
characterized by an emphasis on depicting or describing specified sexual activities or specified
anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific
section of the establishment from which persons under the age of eighteen (18) shall be
prohibited."
SECTION 18. Section 9279.11 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6811 of Chapter 8, Article VI of the Arcadia Municipal Code.
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SECTION 19. Section 9279.12 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6812 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 20. Section 9279.13 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6813 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 21. Section 9279.14 of Chapter 2, Article IX of the Arcadia Municipal Code is
hereby renumbered as Section 6814 of Chapter 8, Article VI of the Arcadia Municipal Code.
SECTION 22. Section 6815 is hereby added to Chapter 8, Article VI of the Arcadia
Municipal Code to read in its entirety as follows:
"6815. PUBLIC NUISANCE.
In addition to the penalties set forth in Section 6814 above, any adult business which is
operating in violation of these provisions regulating adult businesses is declared to constitute a
public nuisance and, as such, may be abated or enjoined from further operation."
SECTION 23. Section 6816 is hereby added to Chapter 2, Article IX of the Arcadia
Municipal Code to read in its entirety as follows:
"6816. SEVERABILITY.
If any section, subsection, paragraph, sentence, clause, or phrase of this Division and the
Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional,
invalid, or ineffective by any court of competent jurisdiction, the remaining sections,
subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City
Council hereby declares that it would have adopted this Division and the Ordinance to which it is
a part regardless of the fact that one or more sections, subsections, paragraphs, sentences,
clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective."
SECTION 24. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published in the official newspaper of said City within fifteen (15) days
after its adoption. This Ordinance shall take effect on the thirty-first (31 st) day after its adoption.
[SIGNATURES ON NEXT PAGE]
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Passed, approved and adopted this lSthday of November
,2005.
~~#fS
ity Clerk
~
ATTEST:
APPROVED AS TO FORM:
.
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2211 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 15th day of November, 2005 and that said
Ordinance was adopted by the following vote, to wit:
A YES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
~ :> /.J-($ ___~
ity Clerk of the City of Arcadia
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