Loading...
HomeMy WebLinkAbout2178 ORDINANCE NO. 2178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARCADIA MUNICIPAL CODE PROVISIONS ON THE PERMITTING AND OPERATIONAL STANDARDS FOR ADULT BUSINESSES AND PERMITTING PROCEDURES FOR ADULT BUSINESS PERFORMERS 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 adding, refining and updating the provisions as they relate to the permitting and operational standards for adult businesses and to amend the pemlitting process for the licensing of adult use performers set forth in Article VI, Chapter 7, entitled "Adult Business Performer License." The public health, safety and welfare of the City of Arcadia and its residents require the enactment of this Ordinance and such operating standards for adult businesses in order to: (I) 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 conceming 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 Depmtment (1977); and Cleveland, Ohio (1977); New York, New York (1994); Newport News, Virginia (1996); Times Square, New York City (1994); and Whittier, California (1978). 2178 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 evidencc that: I. 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. 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 of the 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, III S.C!. 2456, 115 L.Ed.2d 504 (1991); FW/PBS, 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 Young v. American Mini Theaters, Inc., 427 U.S. 50,96 S.C!. 2440, 49 L.Ed.2d 310 (1976); dccisions of the United Stated Court of Appeals for the Ninth Circuit, including but not limitcd to: 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.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 f''), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam If''), 199 F.3d IIII (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam lJI''), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th 2 2178 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., fnc. v, Citv of Newport Beach, 69 Cal.App.4th I (1998); City of National City v. Wiener, 3 Cal.4th 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); Department of Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California (" Vicary") 99 Cal.App.4th 880 (2002); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other federal cases, including but not limited to: Hang On, fnc. 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 v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157 (11 th Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, fnc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986). D. The City Council further finds the following, based in part upon its understanding of the documents, including but not limited to 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 perfonn 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 perfonners employed by adult businesses have been found to offer and provide private shows to patrons who, for a price, are pennitted to observe and participate with the perfonners 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 of HI V, AIDS, hepatitis B, and hepatitis C which are sexually transmitted or blood bome 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 3 2178 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 AfDS, 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 AfDS were diagnosed in Los Angeles County and 184 AfDS-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 I, 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 thc 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 AfDS. The City also takes legislative notice of the AfDS Surveillance Report dated July 31, 200 I by the County of San Diego Health and Human Services Agency, Division of AfDS and Community Epidemiology ("AIDS Survcillance Report") and the report entitled San Diego County HIY/AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency ("AfDS Status Report"). According to the AIDS Survei1\ance Report, 10,876 AIDS cases were reported throughout the County since 1981 through July 200 I, 150 of which were reported in 200 I 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 8 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 Dccember 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 4 2178 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 detem1ined that locational criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City of Arcadia and thus that certain requirements with respect to the operation of adult businesses are in the public interest. In addition to the findings in studies conducted in othcr citics 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, fnc., v. Kitsap COlinty, 793 F.2d 1053 (9th Cir. 1986); Colaclircio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); and Tily B. v. City of Newport Beach (1999) 69 Cal.App.4th I, regarding how live adult entertainment facilities result in secondary effects such as prostitution, drug dealing, and other law enforcement problems. The City has relied on information from police officers from its jurisdiction as well as infonnation 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. In recognition of these negative secondary effects generated by live adult entertainment, a number of courts have upheld distance limitations between perfonners and patrons, prohibitions against physical contact between perfonners and patrons, and precluded direct exchange of monies between perfonners and patrons at adult businesses that provide live entertainment, including, but not limited to: Tily B. v. City of Newport Beach (1999) 69 Cal.App.4th I; Colacllrcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); BSA. Inc. v. King COlinty, 804 F.2d 1104, 1110-11 (9th Cir. 1986); Kev, fnc. v Kitsap COllnty, 793 F.2d 1053 (9th Cir. 1986); DLS, fne v. City of Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield COlinty, 463 S.E.2d 116 (Ga. 1995); and Hang On. Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995). I. The City Council believes that generally prohibiting physical contact between perfonners and patrons at adult businesses, requiring separate entrances for performers from those used for patrons, requiring separate restrooms for opposite sexes, prohibiting perfonners from soliciting payment from patrons, and limiting the direct payment to perfonners by patrons are a reasonable and effective means of addressing the 5 2178 legitimate governmental interests of preventing prostitution, the spread of sexually transmitted diseases, and drug transactions. J. In considering appropriate operational regulations for adult businesses, the City Council finds that: 1. Regulating the exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occurring in adult businesses. 2. Requiring separations between performers and patrons precludes them from being within earshot to communicate and thereby reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the adult business. 3. Enclosed or concealed booths and dimly-lit areas within adult businesses greatly increase the potcntial for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requiring all indoor areas to be open to view by management at all times and adequate lighting to be provided reduces the opportunity for, and therefore the incidence of illegal conduct within adult businesses, and further facilitates the inspection of the interior of the premises thereof by law enforcement personnel. (a) The City Council recognizes and relies on the findings set forth in the 1986 Attorney General's Report on Pornography in support of this Ordinance including, but not limited to, its recommendations that local governments ban certain features of video booths that facilitate carnal sexual encounters. A copy of the Attorney General's Report on Pornography is available for public review at the City Clerk's office. (b) With respect to booths, these findings include the following: The inside walls of the booth are typically covered with graffiti and messages, usually of a sexual nature and consisting of telephone numbers, names, requests and offers for sex acts, anatomical descriptions, and sketches. Some booths also contain a chart used as an appointment schedule that is utilized to schedule appointments for sex acts that take place in that particular booth. In some instances, this arrangement has been used for the solicitation of prostitutes. Many of these booths are equipped with a hole in the side wall between the booths to allow patrons to engage in anonymous sex including both oral and anal sex acts. Inside the booths, the floors and walls are often wet and sticky with liquid or viscous substances, including semen, urine, feces, used prophylactics, gels, saliva, or alcoholic beverages. The City concludes, based in part on the description of the illicit sexual activity as noted within the Attorney General's Report, that the presence of closed doors is likely to lead to the above described secondary effects. 6 2178 (c) Thc City Council finds that requiring that adult booths be configured in such a manner so that there is an unobstructed view from the manager's station and prohibiting closed, concealed, or unobstructed booths that are occupied by no more than one person at a time reduces the secondary effects associated with closcd booths. Specifically, the provisions pertaining to booths are necessary to eliminate the masturbation and sexual activity that are known to occur in closed booths and which present significant health and safety concerns with respect to communicable diseases, including AIDS. The City Council takes further note of the Ninth Circuit's decision in Ellwest Stereo Theatres, Inc. v. Weiner, 68] F.2d ]243 (9th Cir. ]982) and its finding that there is no constitutional right to unobserved masturbation in a public place. K. The City Council also finds the establishment of an adult business regulatory pern1itting process, operational standards for adult businesses and perforn1er licensing provisions are legitimate and reasonable means of ensuring that: I. Operators of and performers at adult businesses comply with the City's regulations; 2. The recognized adverse secondary impacts of a proposed adult busincss are mitigated; 3. Adult business operators have specific guidelines with respect to thc manner in which they can opcrate an adult business; 4. The applications for adult business regulatory permits and performcr licenses are handled fairly and expeditiously; and 5. The correct identification of performers working in adult businesses occurs SO that the City is ablc to effectively deploy resources and detect and discourage prostitution and criminal activity from occurring in and around adult businesses. L. The City finds that law enforcement agencies maintain separate databases for drug-related convictions, prostitution convictions and sex crime offender registration, and that knowledge of an applicant's true identity is necessary to conduct background checks in such databases. The City's Police Department has determined, based upon the experience of its police officers and past experience of the City Police Department, along with other law enforcement agencies, that fingerprinting is the only reliable method for detern1ining a person's true identity for the purposes of background checks. M. 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 7 2178 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. ] 996), cert. denied 520 U.S. ] 1] 7 (1997) and Ben)' v. City of Santa Barbara, 40 Cal.AppAth 1075 (]995). N. While the City Council desires to protect the rights conferred by the United States Constitution to adult businesses, it does 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. O. Operating standards are a legitimate and reasonable means of ensuring that adult businesses are conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators and businesses 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 dctcr the spread of urban blight. The operational requirements contained in this Ordinance do not unreasonably rcstrict the establishment or operation of constitutionally protected adult busincsses in the City of Arcadia. P. The City Council, in adopting operational standards, recognizcs that thesc 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 (] 6) 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, 52] U.S. 844, 117 S.C!. 2329,138 L.Ed.2d 874 (1997) [the principle channel through which many Amcricans now transmit and receive sexually explicit communication is the Internet]; Anheuser-Busch v. Scll/lloke, ]01 F.3d 325,329 (4th Cir. 1996), cert. denied 520 U.S. ]204 (]997) [the Fourth Circuit rejected a First Amendment challenge to a Ba]timore ordinance restricting alcohol advertisements on billboards acknowledging that the Jnternet is one available channel of communication]; u.s. v. Hockings, ]29 F.3d 1069 (9th Cir. ]997); see also u.s. v. Thomas, 74 F.3d 70] (6th Cir. ]996), cert. denied 5]9 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 intercsted persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a City to be availab]e in the community. 8 2178 Q. The City Council has also determined that a closing hours requirement promotes the reduction of deleterious secondary effects from adult facilities and reasonably rclics on prior court decisions on the need for closing hours including Mitchell v. ConI/II. on Adult Entertainment, ] 0 FJd ] 23 (3rd Cir. ] 993); Lady 1. Lingerie, Inc. v. City of Jacksonville, 973 F.Supp. ]428 (M.D. Fla. ] 997); Lady 1. Lingerie, Inc. v. City of Jacksonville, 176 F.3d ]358 (I] th Cir. ]999); and City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (1995). R. Zoning, licensing or regulatory permits, and operating standards are a legitimate and reasonable means of ensuring that adult businesses are located in placcs 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, preservc property valucs and the character of surrounding neighborhoods and businesses, and dctcr the spread of urban blight. S. Thc performance and operational requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protcctcd adult busincsses in Arcadia, and a sufficient and rcasonab]e number 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 and Isbell v. City of San Diego with respect to availability of sites for adult businesses and finds that there are sufficient sites available for adult businesses within the City. T. It is not the intent of the City Council of the City of Arcadia in enacting this Ordinance or any provision thereof to condone or legitimize the distribution of obscene material, and the City and its Council reeognize that State law prohibits the distribution of obscenc materials and expect and encourage law enforeement officials to enforcc State obscenity statutes against such illegal activities in Arcadia. U. The City Couneil does not intend to regulate in any area preempted by California law, including but not limited to, regulation of obseene speech, nor is it the intent of the City Council to preempt regulations of the State Department of Alcoholic Beverage Control ("ABC"). V. 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 ordinanee or any statute of the State of California regarding pub lie nuisanccs, 9 2178 unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. W. The City Council finds that permitting and operation a] standards are a legitimate and reasonable means of accountability to ensure that operators of adult businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as plaees of illegal scxual activity or solicitation. X. The pern1itting and operation provisions of Article IX, Chapter 2, Part 7, Division 9, and Article VI, Chapter 7, are necessary in order to protect the public health, safety and welfare by providing a mechanism to address the adverse secondary effects assoeiated with the establishment and operation of unregulated or under-regulated adult use busincsses. SECTION 2. AMENDMENT OF CODE. Article IX, Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Munieipal Code is hereby amended as follows: A. Section 9279. I of the Arcadia Municipal Code containing "Definitions" is hereby repealed in its entirety and the following is hereby adopted: Section 9279.1 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 defincd as follows, unless it is clearly apparent from the context that another meaning is intendcd. Should any of the definitions be in eonflict 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 pen11itted or invited and where coin, card or slug operated or electronically, electrically or mechanically eontrolled devices, still or motion picture maehines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show imagcs on a regular or substantial basis, where the images so displayed are distinguished or characterizcd by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomieal areas." Such devices shall be referred to as "adult areade devices." B. "Adult Booth/Individual Viewing Area" shall mean a partitioned or partially enelosed portion of an adult business used for any of the following purposes: 10 2178 I. Where a live or taped perforn1anee is presented or viewed, where the performances and/or images displayed or presented are distinguished or charaeterized by their emphasis on matter depicting, describing, or relating to "speeified sexual activities" or "spccified anatomical areas"; or 2. Where "adult arcade" devices are located. C. "Adult Business" shall mcan: ]. A business establishment or eoncern that as a regular and substantial eourse of conduct operates as an adult retail store, adult motion picture thcatcr, 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 coneern which as a regular and substantial course of conduct offers, sells or distributes "adult oriented materia]" or "sexually oriented merchandise," or whieh offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "speeified sexual activities" or "speci fied anatomieal 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 alcoholie beverages) that features "adult livc entertainment." E. "Adult Hotel/Motel" shall mean a "hote]" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantia] basis images through closed circuit telcvision, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality deviees or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or rclating 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, whcther 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 perforn1er (ineluding but not limited to a topless and/or bottomless daneers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque eovering, "specified anatomical areas"; and/or (2) the performanee or physieal human body activity depiets, describes, or relates to "specified sexual activities" whether or not the speeified anatomieal areas are covered. 11 2178 G. "Adult Modeling Studio" shall mean a business establishment whieh 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 modcling studio" does not include schools maintained pursuant to standards set by the Board of Edueation of the State of California. H. "Adult Motion Picture Theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any forn1 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 anatomieal areas." 1. "Adult Oriented Material" shall mean aecessories, 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 deviees including computer software, or any combination thereof that is distinguished or eharaeterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merehandise." 1. "Adult Retail Store" shall mean a business establishment 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 faeility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes. L. "Establishment of An Adult Business" shall mean any of thc following: ]. The opening or commencement of any "adu]t busincss" (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 12 2178 5. Physiea] changes that expand the square footage of an existing "adult business" by more than ten percent (10%). M. "Owner/Permit Holder" shall mean any of the following: (I) the sole proprietor of an adult business; (2) any general partner of a partnership that owns and operates an adult business; (3) the owner of a controlling interest in a corporation or Limitcd Liability Company that owns and operates an adult business; or (4) thc person designated by the officers of a eorporation or the members of an 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 eourse or athletic field within the City whieh is under thc City's control, operation and management, and the Arcadia County Park. O. "Pe/former" shall mean any person who is an employee or indcpendent contractor of an adult business, and who, with or without any compensation or other form of considcration, performs adult livc entertainment for patrons of an adult busincss. Performer does not inelude a patron. P. "Religious Institution" shall mean strueture or facility that is used primarily for religious worship and related religious activities sueh as a church, temple or synagogue. Q. "Residential Zone" shall mean any property within the City which earries a zoning designation of: R-M Residential Mountainous Zone Single Family Zone; R-O Residential First One-Family; R-] Residential Second One-Family; R-2 Mcdium Density Multiple-Family Residential Zone; and R-3 Multiple Family Residential Zone. R. "School" shall mean any institution of/earning for minors, whether public or private, offering instruetion in those courses of study required by thc 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 thc applicable jurisdiction. This definition includes a nursery sehool, kindergarten, elemcntary school, middle or junior high sehool, senior high school, or any special institution of education under the jurisdiction of the California Department of Edueation, but it does not include a vocational or professional institution of higher education, including a eommunity 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, bcnwa balls, inflatable orifiees, anatomical balloons 13 2178 with orificcs, simulated and battery opcrated vaginas, and similar sexually oriented deviccs 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 anatomieal areas." 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 eovered human: a. genitals, pubic region; b. buttocks, anus; or c. female breasts below a point immediately above the top of the areola: or 2. Human male genitals in a discernibly turgid state, even if completely or opaqucly eovered. U. "Specified Sexual Activities" shall mean and include any of the following, irrespectivc of whether performed directly or indirectly through clothing or othcr covering: ]. Human 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 cjaculation, sodomy, ora] copulation, coitus or masturbation; and/or 5. Masochism, erotic or sexually oricnted torture, beating, or the inflietion of pain, or bondage and/or restraints; and/or 6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or 7. Fond]ing or other erotic touching of human genitals, pubic region, buttock, or female breast. 14 2178 B. Section 9279.3 of the Arcadia Munieipal Code entitled "Adult Business Regulatory Permit Required" is hereby amended as follows: ]. Section 9279.3.A is hereby repealed and a new Section 9279.3.A is adopted to read as follows: 9279.3.A. It shall be unlawful for any person to establish, operate, engagc in, conduct, or carry on any adult business within the City of Arcadia unless the person first obtains, and eontinues to maintain in full force and effeet, an adult business regulatory permit as herein required. Any occurrence of the "establishment of an adult business" as defined in Seetion 9279.].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 eontained in Section 9279.5. 2. Section 9279.3 .B.IO is hereby added to the Arcadia Munieipa] Code to read as follows: 9279.3.B.I0. Permit applications shall include a signed and verified statement that: (a) The permit applicant, if an individual, or eaeh shareholder, partner, offieer and direetor, or other party possessing a ten (10) pereent or greater interest, if a partnership or corporation, has not pled guilty or nolo eontendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; or (b) jfthere has been a conviction or a plea, then: (]) More than two years have elapsed between the date of conviction or plea, or the date of release from eonfinement for a eonviction or plea, whichever is the later date, and the date of application if the eonvietion or plea is a misdemeanor; or (2) More than five years have elapsed between the date of conviction or plea, or the date of release from confinement for a eonvietion 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 years have elapsed between the date of the last eonvietion or plea, or the date of release from confinement for the last eonviction or plea, whichever is the later date, and the date of application if the eonvictions or pleas are two or more misdemeanors or a combination of misdemeanor offenses occurring within any 24-month period. C. Section 9279.4 of the Arcadia Municipal Code entitled "Investigation and Action on Applieation for Adult Business Regu]atory Permit" is hereby repealed in its entirety and the following is hereby adopted: ]5 2178 Section 9279.4 INVESTIGATION AND ACTION ON APPLICATION FOR ADULT BUSINESS REGULATORY PERMIT. A. The completeness of an application for an adult business regulatory pennit shall be determined by the Director of Development Serviees or his designee (hercinafter "Director") within five (5) working days of its submittal. If the Director determines that the pern1it application is incomplete, the Director shall immediately notify in writing the pcrmit applicant of such faet and the reasons therefor, including any additional information necessary to render the applieation 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 applieation or supplemental inforn1ation, the Director shall again determine whcther 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 eomplete. B. Upon receipt of a completed application and payment of the applieation and pern1it 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. C. Within ten (10) working days of receipt of the completed application, the Director shall issue or deny the license, unlcss extended for five (5) additional working days upon a showing of good cause. D. In reaching a decision, the Direetor shall not be bound by the formal rules of evidence in the California Evidcnee Code. E. The failure of the Direetor to render any decision within the time frames established in any part of this Seetion shall be deemed to constitute an approval, subjeet to appcal to the Business License Review Board, pursuant to Section 9279.7. Thc 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 requiremcnts 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 bcyond that provided for in this Seetion 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. 16 2178 G. The Director shall grant or deny the application in accordanee with the provisions of this Section, and so notify the applicant as follows: I. The Director shall write or stamp "Granted" or "Denicd" 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 attach to the application an adult business license. H. The Director shall grant the application and issue the adult business regulatory pern1it upon findings that the proposed business meets, or will meet, all ofthc development and operational standards and requirements of this Division, unless the application is denied based upon one or more of the criteria set forth below. I. If the Director grants the application, the applieant may begin operating thc adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of this Division. The pernlit holder shall post the permit conspieuously in the premises of the adult business. 1. The Director shall deny the application for any of the following reasons: I. The adult business does not eomply with the zoning and location standards found in Section 9279.2. 2. The adult busincss does not comply with the development, operational or performance standards found in this Division. 3. The permit applicant, his or her employee, agent, partncr, director, officer, shareholder with a 10 percent or greater interest, or manager has made any false, misleading, or fraudulent statement of materia] fact in the application for an adult business regulatory permit or in any report, record, or document required to be filed with the applieation, the Police Department, Sheriff, other law enforcement agency, or other department of the City. 4. The pcrmit app]ieant is under eightccn (18) years of age. 5. Thc required application fees have not been paid. 17 2178 6. The permit applicant, if an individual, or any shareholder, partner, officer, dircctor or other party possessing a ten (10) percent or greater interest, if a partnership or eorporation, has: (a) Pled guilty or nolo eontendere or been convieted of an offcnse elassified by this or any other state as a sex or sex-related offense; and (b)(I) Less than two years have elapsed between the date of conviction or plea, or the date ofrelease from eonfinement for a conviction or plea, whichever is the later date, and the date of application if the eonviction or plea is a misdemcanor; or (2) Less than five 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 convietion or plea is a felony; or (3) Less than five 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 applieation if the convictions or pleas are two or more misdemeanors or a combination of misdemeanor offenses occurring within any 24-month period. K. An applicant eannot re-apply for an adult business regulatory pern1it for a loeation for whieh the applicant previously submitted an application within one (]) 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 affccted person may appeal the decision of the Director in writing in accordanee with the provisions of Seetion 9279.7. D. Section 9279.5 of the Arcadia Municipal Code entitled "Development and Operating Standards" is hereby amended as follows: ]. Section 9279.5.A is hereby repealed and a new Section 9279.5.A is adopted to read as follows: 9279.5.A. Hours of Operation. It shall be unlawful for any owner, operator, manager or employce 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] 0:00 a.m of any day cxcepting herefrom an "adult hotel/motel." ]8 2178 2. The following sentence shall be added to the end of Section 9279.5.B: Inoperable and/or broken lights shall bc replaeed within 24 hours. 3. The following sentence shall be added to the end of Section 9279.5.C: Inoperable and/or broken lights shall be replaced within 24 hours. 4. Section 9279.5.D.] is hereby repealed and a new Seetion 9279.5.D.I is adopted to read as follows: 9279.5.D.]. To the extent that it is in conformity with the Penal Code, X- rated movies, videotapes, digital video disks (DVDs), eompaet disks (CDs) and laser disks shall be restrieted to persons at least eighteen (18) years of age. I f an establishment that is not otherwise prohibited from providing aeeess 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-I7" by the Motion Pieture Association of America ("MP AA"), or which have not been submitted to the MP AA for a rating, and which eonsist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activitics or speeified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific seetion of the establishment where persons under the age of eighteen (18) shall be prohibited. 5. Section 9279.5.E is hereby repealed and a new Section 9279.5.E is adopted to rcad as follows: 9279.5.E. Regulation of Adult Booth/Individua] Viewing Area. I. No adult booth/individual viewing area shall be oeeupied by more than one 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 cstablishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device whieh 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 boothlindividua] viewing area in any configuration unless the entire interior wherein the picture or entertainment is vicwed 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 deviee. 19 2178 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 eoneealed adult boothlindividual 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 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 boothlindividual viewing area. 6. Section 9279.5.F is hereby repealed and a new Section 9279.5.F is adopted to read as follows: 9279.5.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 eovered with opaque coverings at all times. 7. Section 9279.5.H is hereby repealed and a new Section 9279.5.H is adopted to read as follows: 9279.5.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 subseetion, the more restrictive shall prevail. 1. If an adult business does not serve aleohol, it shall post a notice inside the establishment, within ten (10) feet of every entrancc used by customers for access to the establishment, stating that persons below the age of eighteen (] 8) years of age are prohibited from entering onto the premises or within the eon fines 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 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 Departmcnt. 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. 20 2178 8. Seetion 9279.5.1 is hereby amended as follows: A. The title "Live Entertainment - Operating Requirements." is hereby deleted and replaced with "Adult Live Entertainment - Additional Operating Requirements. " B. Section 9279.5.1.2 is hereby repealed and a new Section 9279.5.1.2 is hereby adopted to read as follows: 9279.5.1.2 No performer then performing adult live entertainment characterized by the exposure of specified anatomical areas or speeified sexual activities shall perform such adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least eighteen (18) inches above the ]evel of the floor. C. Section 9279.5.1.3 is hereby repealed and a new Section 9279.5.1.3 is hereby adopted to read as follows: 9279.5.1.3 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 for patrons of an adult business within six (6) feet of a patron while the performer is so performing. The stage upon which that performer is then performing shall be marked by a railing or other physical barrier designed to obstruct any contact between the performer and the patron. D. Section 9279.5.1.4 is hereby repealed and a new Section 9279.5.1.4 is hereby adopted to read as follows: 9279.5.1.4 No performcr thcn 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 physieal 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, whieh physical contact involves thc touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either bcforc or after any adult live entertainment by sueh performer. This prohibition does not extend to ineidental touehing. Patrons shall be advised of the separation and no touching requirements by signs conspicuously placed on the barrier between patrons and performers. If neeessary, patrons shall also bc advised of the separation and no touching requirements by employees or independent contractors of the adult business. 21 2178 E. Section 9279.5.1.6 is hereby repealed and a new Section 9279.5.1.6 is hereby adopted to read as follows: 9279.5.1.6 No performer then performing adult live entertainment charaeterized by thc 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 plaee tips in the performers' costumes. Patrons shall be advised of these tipping and gratuity requirements by signs eonspieuously placed on the premises. I f necessary, patrons shall also be advised of the tipping and gratuity requirements by employecs or independent contractors of the adult business. F. Seetion 9279.5.1.7 is hereby repealed and a new Section 9279.5.1.7 is hereby adopted to read as follows: 9279.5.1.7 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. 9. Seetion 9279.5.K is hereby added to read as follows: 9279.5.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 orientcd material. Only one (I) person shall be allowed in each rcstroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as thc restroom users who shall be present in the publie portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is pcrmitted into the restroom, and that not more than one (I) pcrson is pern1itted to entcr 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 requirc passage through an area used as a dressing area by pcrformers. ]0. Section 9279.5.L is hereby added to read as follows: 9279.5.L. Trash. All interior trash cans shall be emptied into a single loeked trash bin lined with a plastic bag at least once a day. 22 2178 E. Section 9279.6 of the Arcadia Municipal Code entitled "Transfer of Adult Businesses or Adult Business Regulatory Permits" is hereby amended as follows: ]. Section 9279.6.B is hereby repealed and a new Section 9279.6.B is adopted to read as follows: 9279.6.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 dcvelopment standards of Section 9279.5 and the provisions relating to adult business perforn1er Iicenscs including disqualification from certain eriminal convictions per Sections 9279.4(J)(6) and 6703(C)(3). 2. Section 9279.6.D is hereby repealed and a new Section 9279.6.D is adopted to read as follows: 9279.6.D. No pern1it shall be transferred to a transferee with criminal convictions as set forth in Section 9279.4(1)(6). Such transfers are deemed to be null and void. F. Scction 9279.7 of the Arcadia Municipal Code entitled "Suspension or Revocation of Adult Business Regulatory Permits/Appeal Procedure" is hercby amended as follows: I. The title of this Seetion is hereby amended to read as follows: "Denia], Suspension or Revocation of Adult Business Regulatory Permits/Appeal Procedure." 2. Section 9279.7.A is hereby repealed and a new Seetion 9279.7.A is adopted to read as follows: 9279.7.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 pern1it holder. Sueh notice shall set forth the time and place of a public hearing before the Business Licensc Review Board (hereinafter rcfcrred to as the "Board") and the ground or grounds upon which the hearing is based, the pertinent Arcadia Municipal Code Seetions, and a bricf statement of thc factual matters in support thereof. The notiee shall be mailed, postage prcpaid, addrcssed to the last known address of the permit applicant or permit holder, or shall be delivered to the pcrmit applicant or permit holder personally, at least ten (] 0) working days prior to the hearing date. The hearing shall be consistent with the following requircments: 3. Seetion 9279.7.A.3 is hereby repealed and a new Section 9279.7.A.3 is adoptcd to read as follows: 23 2178 9279.7.A.3 Any hearing under this Section may be eontinued for a reasonable time for the convenienee 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 of the City or constitute failure by the City to provide for prompt decisions on permit denials, suspensions, or revoeations. 4. Seetion 9279.7.AA is hereby repealed and a new Section 9279.7.AA is adopted to read as follows: 9279.7.AA. The Board may conduct the hearing itself or may delegate thc 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 rendcr 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. Suspcnsion 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. 5. Section 9279.7.B.5 is hereby repealed and a new Seetion 9279.7.B.5 is adopted to read as follows: 9279.7.B.5. The pern1it holder has failed to submit and/or update the information pertaining to performers in aeeordance with Seetion 9279.3(B)(8). 6. Section 9279.7.B.] I.c is hereby added to read as follows: 9279.7.B.1 ] .e. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. 7. Section 9279.7.B.] ].c starting with the language "An act or omission in violation the this Division. . ." was mislabeled as a second "e" and is hereby changed to Section 9279.7.8.] I.f. 24 2178 G. Seetion 9279.8 of the Arcadia Municipal Code entitled "Judicial Review" is hereby repcaled in its entirety and the following is hereby adopted: Section 9279.8 JUDICIAL REVIEW A. The time for a court challenge to a decision of the Board under Seetion 9279.7 is governed by California Code of Civil Procedure S 1094.8. B. Notice of the Board's decision and its findings under Section 9279.7 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 9279.4 and/or 9279.7 shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedurc S 1094.8. H. Scction 9279.10 of the Arcadia Municipal Code entitled "Employment of and Serviees Rendered to Persons Under the Age of Eighteen ( 18) Years Prohibited" is hereby repealed in its entirety and the following is hereby adopted: Section 9279.10 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, offieer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in eonnection with the adult business with or from any person who is not at least eighteen (18) years of age. ]f alcoholie beverages are served at the adult business, employees of the adult business must be at least twenty-one (21) years of age. If aleoholie beverages are served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other pcrson in charge of any adult business to employ, contract with, or othcrwise retain any services in conneetion with the adult business with or from any person who is not twenty- onc (2]) ycars of age; and said persons shall exereise reasonable care in ascertaining the truc age of persons secking to contract with, be employed by, or othcrwise service the adult business. The provisions of this subseetion do not apply to serviee employees (e.g., janitors, repair and maintenance workers, or similar servicc workers) whose work is not eonducted during thc normal hours of operation as set forth in Scetion 9279.5(A). 25 2178 B. Patrons. Patrons 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 permit to enter or remain within the adult business any person who is not at least eighteen (18) years of age. If aleoholic 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 (2]) years of age; and said persons shall exercisc reasonable care in ascertaining the true age of persons entering the adult business. C. X-rated Movies. The selling, renting and/or displaying of X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons at least eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons undcr eighteen (] 8) years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NC-I7" by the Motion Picture Association of America ("MPAA"), or whieh have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or deseribing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific seetion of the cstablishment from which persons under the age of eighteen (18) shall be prohibited. I. Seetion 9279.14 of the Arcadia Municipal Code entitled "Violations - Penalties" is hereby repealed in its entirety and the following is hereby adopted: Section 9279.14 VIOLATIONS. A. Any owner, permit holder, operator, managcr, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subjeet to any and all civil remedies, including without limitation permit revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for cach and every day during which such violation is committed or eontinued. 8. The restrictions imposed pursuant to this Division are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Arcadia Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this Division related to sexual conduct or activities. 26 2178 1. Section 9279.] 6 is hereby added to the Arcadia Municipal Code to read as follows: Section 9279.16 SEVERABILITY If any section, subsection, paragraph, sentence, clause, or phrase of this Division and the Ordinance to whieh it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffeetive by any court of competent jurisdiction, the rcmaining scctions, subsections, paragraphs, sentences, clauses, and phrases shall not bc 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, elauses, or phrases may be determined to be unconstitutional, invalid, or ineffeetive. SECTION 3. AMENDMENT OF CODE. Article VI, Chapter 7, of the Arcadia Municipal Code entitled "Adult Business Performer License" is hereby amended as follows: A. Scction 670] of the Arcadia Municipal Code entitled "Adult Business Performer License" is hereby amended as follows: ]. Section 670 I.A. 7 is hereby repealed and a new Section 670 I.A. 7 is adopted to read as follows: 670 I.A. 7. Satisfactory written proof of verifiable identification establishing that the permit applicant is at least eighteen (18) years of age or twenty-one (21) years of age if the performanee is to occur in a Department of Alcoholic Beverage Control ("ABC") regulated establishment. 2. Section 670] .A.] ] is hereby added to rcad as follows: 670 I.A.] I. Address of principal plaee of residence. 3. Section 670l.G is hcreby addcd to read as follows: 6701.G The information provided above in Subsections C 1, 5, 6 and I ] shall be redacted from any public diselosure under the California Public Records Act to protect the physical security of the performers. B. Section 6702 of the Arcadia Municipal Code cntitled "Investigation and Aetion on Application for Adult Business Performer License" is hereby amended as follows: 27 2178 ]. Section 6702.B is hereby repealed and a new Section 6702.B is adopted to read as follows: 6702.B. Investigation shall not be grounds for the City to unilaterally delay in rcviewing a completed applieation. The Officer's dccision to grant or deny the adult business performer licensc shall bc made within ten (10) working days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. 2. Section 6702.C is hereby repealed and a new Section 6702.C is adopted to read as follows: 6702.C. The Officer shall render a written decision to grant or deny the lieense within the foregoing ten (10) day period. Said decision shall be mailed first class potage pre-paid or hand-delivered to the applicant, within the foregoing ten (10) day period, at the address provided by the applieant in the application. F or good cause as set forth in writing, the ten (10) day period shall be extended up to an additional ten (] 0) days. This shall automatically cxtend the temporary license. Failure ofthe Officer to rendcr a decision on the permit within the time frames established by the Section shall be deemed to constitute an approval, subjeet to appeal to the Business License Review Board, pursuant to Section 6703. 3. Section 6702.D.2 is hereby repcaled and a new Seetion 6702.D.2 is adopted to rcad as follows: 6702.D.2. If the application is denied, the Officer shall attach to the application a statcment of the reasons for denial. Such notice shall also provide that the permit applicant may appeal thc denial to the Business License Review Board in accordance with Section 6703. 4. Section 6702.F is hereby repealed and a new Section G702.F is adopted to read as follows: 6702.F. On determining that the grounds for license denial exist in accordance with Section 6703, the Offieer shall furnish written notice of the denial to thc applicant. Such notice shall provide, in addition to the grounds for denial, that the license applicant may appeal the denial to the Business License Review Board in accordance with Section 6703, and that the tcmporary license shall be extended through the time the appeal is concluded. 5. Section 6702.G is hereby repealed and a new Section 6702.G is adopted to read as follows: 28 2178 6702.G. Eaeh adult business performer license, other than the temporary license describcd in Section 6701, shall expire one (]) year from the date of issuance and may bc renewed only by filing with the Officer a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. ]f said application conforms to the previously approved application and there has becn no ehange with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the Officer shall renew the license for one (I) year. Any plea to or conviction of a sex-related offense requires the renewal application to be set for hearing before the Board in accordance with the provisions of this Section. Thc denial of a renewal applieation is appea]able pursuant to the provisions of Section 6703. The request for renewal shall be made at least thirty (30) days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for ]ieense. C. Section 6703 of the Arcadia Municipal Code entitled "Denial, Suspension or Revocation of Adult Business Performer License/Appeal Hearing" is hereby amended as follows: ]. Section 6703.D is hereby amended to add the following sentence as the last sentcnce of Section 6703.D: The Board's failure to render such a decision within this time frame shall constitute an approval or reinstatement of the license. D. Section 6704 of the Arcadia Municipal Code entitled "Judicial Review" is hereby repealed in its entirety and the following is hereby adopted: Section 6704 JUDICIAL REVIEW A. The time for a court challenge to a decision of the Business License Revicw Board under Sections 6702 and/or 6703 is governed by California Code of Civil Procedure S ] 094.8. B. Notice of the Business Lieense Review Board's decision and its findings under Sections 6702 and/or 6703 shall include citation to California Code of Civil Procedure ~ ] 094.8. C. Any applieant or license holder whose license has been denied, suspended, or rcvoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure S 1094.8. 29 2178 E. Section 6708 of the Arcadia Municipal Code entitled "Violations - Penalties" is hereby repealed in its entirety and the following is hereby adopted: Section 6708 VIOLATIONS A. Any person violating or causing the violation of any of these provisions regulating adult business performer licenses shall be subject to license revocation pursuant to Section 6703 above and any and all other eivil remedies. It shall be a violation of this Chapter and Article IX, Chapter 2, Part 7, Division 9, for any principal, including but not limited to any adult business operator or pennittee, to pel111it, procure, counselor assist any agent of that principal, including but not limited to an employee or indcpendent contractor, to violate any provision of this Chapter. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for eaeh and every day during which such violation is committed or continued. B. The operating standards for performers of adult live entertainment are part of a regulatory licensing process, and the City does not impose a criminal penalty for violations of the provisions of this Chapter relating to sexual conduct or activities. C. In addition to the remedies set forth in Section 6708(A), any violation of any of these provisions regulating adult business performer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined. F. Scction 6710 is hereby added to the Arcadia Municipal Code to read as follows: Section 6710 SEVERABlLJTY If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter 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 jurisdietion, 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 Chapter and the Ordinance to which it is a part regardless of the fact that one or more scctions, subsections, paragraphs, sentences, clauses, or phrases may be determined to be uneonstitutiona], invalid, or ineffeetive. SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT("CEQA'~ FINDING. The City Council hereby finds that this Ordinance is exempt from further environmental review under the California Environmental Qua]ity Act (Pub. Resources Code, S~ 21 000 et seq. ("CEQA")) beeause: (I) under Section 1506](b)(3) of the State 30 2178 CEQA Guidelincs and Section 3.07 of the City's Local CEQA Guidelines, it can be seen with cel1ainty that there is no possibility that the minor technieal changes to the City's existing adult business Ordinanee bcing made through the adoption of this Ordinance may have a significant effect on the environment, and (2) under Section ]5301 of the State CEQA Guidelines and Santa Monica Chamber ofColllmerce v. City of Santa Monica (2002) 101 Cal.AppAth 786, this Ordinance consists of the operation, permitting, licensing, or minor altcration of existing public or private structures or facilities involving negligib]e or no expansion of use beyond that existing at the timc of adoption of this Ordinance. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's Office within five (5) working days of the second reading of this Ordinance. SECTION 5. EFFECTIVE DA TE. This Ordinance shall bc effective thirty-one (31) days from and after the date of the final passage and adoption hereof. The City Clerk shall certify to the passage and adoption of this Ordinance and cause the same to be published in the manner prescribcd by law. Passed, approved and adopted this 6th day of Nay ,2003. ~ ATTEST: ~\ 1. .' -;j - , C&/ 'Ierk of the of Arcadia APPROVED AS TO FORM: , ~ P /J-e~ Stephen P. Deitsch City Attorney 31 2178 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance NO.2] 78 was passed and adopted by the City Council oflhe City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmell1bers Kovacic, Marshall, \Vuo and Chang NOES: None ABSENT: Councilll1ell1ber Segal 32 2178