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ORDINANCE NO, 2103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE PERTAINING TO ZONING OF ADULT
BUSINESSES, PROVIDING FOR REGULATORY PERMITS
OF ADULT BUSINESSES, PROVIDING FOR LICENSES FOR
PERFORMERS AT ADULT BUSINESSES, AND AMENDING
SECTIONS INCONSISTENT HEREWITH
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1, FINDINGS, The City Council of the City of Arcadia hereby finds,
determines, and declares that:
A. Numerous provisions of the Arcadia Municipal Code (hereinafter referred to
as the "Code") that regulate adult businesses including, but not limited to, Division 9 of Part
7 of Chapter 2 of ArticleIX, Section 6211 of Division 1 of Part 1 of Chapter 2 of Article VI,
Section 6311 of Division 1 of Part 1 of Chapter 3 of Article VI, and Chapter 7 of Article VI,
need revision in order to respond to recent developments within the field of regulation of
adult businesses and case law interpretation, Because of their age, existing provisions fail
to fully take into account the secondary effects that are associated with adult businesses and
fail to address the needs of the City of Arcadia and its residents today and in the future,
B, On March 23, 1999, the Planning Commission held a duly noticed public
hearing during which it received input and testimony from the public concerning the subject
of regulation of adult businesses and the permanent ordinance presented to the Planning
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Commission, The Planning Commission, after recelvmg all public testimony and
deliberating, recommended to the City Council approval of Ordinance No, 2103,
C, On May 4, 1999, the City Council held a duly noticed public hearing during
which it received input and testimony from the public on this proposed ordinance, concerning
the subject of regulation of adult businesses and this proposed Ordinance,
D, This Ordinance is necessary to update and draw together in two articles the
various provisions of the Code relating to adult businesses, The City Council has determined
that this Ordinance regulating adult businesses is necessary to establish reasonable and
uniform regulations that will reduce the adverse secondary effects that adult businesses have
upon the residents and businesses of the City of Arcadia, It is evident that special zoning
regulations applicable to adult businesses are necessary to preserve the integrity of existing
residential areas, The public health, safety and welfare of the City of Arcadia requires the
enactment of this Ordinance,
E, It is the purpose and intent of this Ordinance to provide for the reasonable and
uniform regulation of adult businesses in the City of Arcadia, It is recognized that adult
businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which
they are located, It is, therefore, the purpose of this Ordinance to establish criteria and
standards for the conduct of adult businesses that will protect the public health, safety, and
welfare; preserve locally recognized values of community appearance; minimize the potential
for nuisances related to the operation of adult businesses; and maintain local property values,
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F, 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); Beaumont, Texas (1982); Minnesota Crime Prevention Center,
Inc. (1980); Phoenix, Arizona (1979); Los Angeles, California, Department of City Planning
(1977); Amarillo, Texas, Planning Department (1977); and Cleveland, Ohio (1977), The
City Council finds that these studies are relevant to the problems addressed by the City in
enacting this Ordinance to regulate the adverse secondary effects of adult businesses and
more specifically finds that these studies provide convincing documented evidence that:
1, The proximity and concentration of adult businesses adjacent to
residential, recreational, religious, educational, and other adult business uses can cause other
businesses and residents to move elsewhere,
2, Crime rates tend to be higher in residential areas surrounding adult
businesses than in commercial or industrial areas surrounding adult businesses,
3, Crime rates in areas where adult businesses are closely situated to each
other tend to be higher than in areas in which adult businesses are separated from each other.i
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4, Areas within close walking distance of single and multiple family
dwellings should be free of adult businesses,
5, Adult businesses should be located in specific areas of the City which
have both tangible and physical barriers from sensitive uses such as residences, parks,
religious institutions, day care facilities, and schools,
6, The image of Arcadia as an attractive place to reside will be adversely
affected by the presence of adult businesses in close proximity to residential uses, schools,
religious institutions, day care facilities, and parks,
7, The existence of adult businesses in close proximity to residential areas
has been shown in some cities to reduce the property values in those residential areas,
8, A reasonable regulation of the location of adult businesses protects the
image of the community and its property values and protects its residents from the adverse
secondary effects of adult businesses, while providing those who desire to patronize adult
businesses an opportunity to do so in appropriate areas in the City,
9, There is substantial evidence that an increase III 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. In many cases, criminal activity is linked to
individuals having a legal interest in the ownership of adult businesses, The studies from
other cities establish by convincing evidence that adult businesses which are not regulated
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as to permissible locations often have a deleterious effect on nearby businesses in residential
areas, causing, among other adverse secondary effects, an increase in crime and a decrease
in property values,
10, 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,
G, In developing this Ordinance, the City Council has been 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: Barnes v, Glenn Theater, 501
U,S, 560 (1991); FW/PBS, Inc, v, Dallas, 493 U,S, 215 (1990); City of Renton v, Playtime
Theaters, 475 U,S, 41 (1986) reh, denied 475 U.S, 1132; and Young v. American Mini
Theaters, Inc" 427 U,S, 50 (1976) reh, denied 429 U,S, 873; decisions of the United Stated
Court of Appeals for the Ninth Circuit, including but not limited to: Topanga Press, Inc, v,
City of Los Angeles, 989 F,2d 1524 (9th Cir. 1993); Kev, Inc, v, Kitsap County, 793 F, 2d
1053 (9th Cir, 1986); Colacurcio v. City of Kent, 1998 WL 848036 (9th Cir, Wash, 1998);
several California cases, including but not limited to: City of National City v, Wiener, 3
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Cal.4th 832 (1993); People v. Superior Court (Lucero) 49 Ca1.3d 14 (1989); and City of
Vallejo v, Adult Books, 167 Cal.App,3d 1169 (1985); 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 v, City
of Jacksonville, 973 F,2d 1255 (5th Cir, 1992); International Eateries v, Broward County,
941 F,2d 1157 (11th Cir. 1991); and Star Satellite v, City of Biloxi, 779 F,2d 1074 (5th Cir.
1986),
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 upon request.
H, The City Council finds the following, based in part upon its understanding of
the documents 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 parts 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,
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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 incidents of HI V, AIDS,
and Hepatitis B, 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,
1. The City Council of the City of Arcadia recognizes the possible harmful effects
on children and minors exposed to the effects of adult businesses and the City Council
recognizes the need and desire of children and minors not to be exposed to adult businesses,
which causes children and minors to be fearful when walking through or visiting the
immediate neighborhood of such businesses, The City Council desires to minimize and
control the adverse secondary effects associated with the operation of adult businesses and
thereby desires to protect the health, safety, and welfare of the citizens of Arcadia; protect
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the citizens from increased crime; preserve the quality of life; preserve property values and
the character of surrounding neighborhoods and businesses; deter the spread of urban blight;
and protect against the threat to health from the spread of communicable and sexually
transmitted diseases,
], Based upon the foregoing, the City Council of the City of Arcadia finds and
determines that special regulation of adult businesses is necessary to help assure that the
adverse secondary effects of adult businesses will not contribute to an increase in crime rates
or to the blighting or deterioration of the areas in which they are located or in surrounding
areas, The need for such special regulations is based upon the recognition that adult
businesses have serious objectionable operational characteristics, particularly when several
of them are concentrated under certain circumstances or located in direct proximity to
sensitive uses such as residences, parks, schools, libraries, religious institutions, and day care
centers, It is the purpose and intent of these regulations to prevent the concentration of adult
businesses and thereby prevent such adverse secondary effects, Thus, in order to protect and
preserve the public health, safety, and welfare of the citizenry, the special regulation of the
time, place, and manner of the location and operation of adult businesses is necessary.
K, The establishment of an adult business regulatory permitting process and
performer licensing provisions is a legitimate and reasonable means of ensuring that:
1, Operators of and performers at adult businesses comply with the
reasonable regulations of the Code;
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2, The recognized secondary impacts of a proposed adult business in a
specific location are mitigated;
3, Adult business operators have specific guidelines with respect to where
they can establish and/or the manner in which they can operate an adult business;
4, The applications for adult business regulatory permits and performer
licenses are handled fairly and expeditiously; and
5, The correct identification of performers working in adult businesses
occurs so that the City is able to effectively deploy resources and detect and discourage
prostitution and criminal activity from occurring in and around adult businesses,
L. 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 development of property within the City and diminishes, to the greatest extent
feasible, those undesirable secondary effects which the above mentioned studies have shown
to be associated with the development and operation of adult businesses,
M, Zoning, licensing or regulatory permits, and other police power regulations are
legitimate and reasonable means of ensuring that operations of adult businesses are located
in places 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
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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, Locationa1, design, and performance requirements contained in this Ordinance
do not unreasonably restrict the establishment or operation of constitutionally protected adult
businesses in the City of Arcadia, and a sufficient and reasonable number of alternative
locations for adult businesses are provided by this Ordinance, 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 in the City of
Arcadia, The City Council also takes legislative notice of the Ninth Circuit's decision in
Topanga Press with respect to availability of sites for adult businesses and finds that under
the distance and locational restrictions imposed by this Ordinance there are sufficient sites
available for adult businesses to establish within the City,
0, In considering locations for adult businesses, the City Council finds that:
1, Adult businesses should not be located in areas where children are
expected to frequently walk or congregate;
2, Adult businesses should not be located in areas that are close to parks
or recreational areas, religious institutions, libraries, day care facilities, or schools; and
3, The image of the City as a pleasant, attractive place to reside and visit
will be adversely affected by the presence of adult businesses in close proximity to residential
areas, parks or recreational areas, religious institutions, libraries, day care facilities, and
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schools,
p, The City Council of the City of Arcadia has also determined 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 ownership and
operation of adult businesses are in the public interest. 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, lnc" v, Kitsap County, 793 F,2d 1053 (9th Cir. 1985) and Colacurcio v,
City of Kent, 1998 WL 848036 (9th Cir, 1998) regarding how live adult entertainment
facilities result in secondary effects such as prostitution, drug dealing, and other law
enforcement problems,
The City Council recognizes that as a result of the negative secondary effects
generated by live adult entertainment, a number of courts have upheld distance limitations
between performers and patrons, prohibitions against physical contact between performers
and patrons, and direct payment and receipt of gratuities between performers and patrons at
adult businesses that provide live entertainment, including, but not limited to: Colacurcio
v, City of Kent, 1998 WL 848036 (9th Cir, 1998); BSA, lnc, v, King County, 804 F,2d 1104,
1110-11 (9th Cir, 1986); Kev, lnc, v, Kitsap County, 793 F,2d 1091 (9th Cir, 1986); DLS, lnc,
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, lnc, v, City of Arlington, 65 F.3d 1248 (5th Cir.
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1996),
The City Council believes that prohibiting physical contact between performers and
patrons at adult businesses, requiring separate entrances for performers from those used for
patrons, requiring separate restrooms for opposite sexes, prohibiting performers from
soliciting payment of gratuities from patrons, and prohibiting the direct payment of gratuities
to performers by patrons are a reasonable and effective means of addressing the legitimate
governmental interests of preventing prostitution, the spread of sexually transmitted diseases,
and drug transactions,
Q, In considering appropriate operational or performance regulations for adult
businesses, the City Council finds that:
1, Preventing 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 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 potential 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
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further facilitates the inspection of the interior of the premises thereof by law enforcement
personnel.
R, Application of development and operating standards as set forth in Section
9279,5 to existing adult businesses is necessary in order to alleviate the unique and
established secondary effects of adult businesses discussed above, Without their application,
studies and findings demonstrate that the secondary impacts will cause said negative effects
on the City,
S, The City Council takes legislative notice of the Ninth Circuit's opinion in Baby
Tam & Co" Inc, v, City of Las Vegas, 154 F.3d 1097 (9th Cir, 1998), holding that adult
business licensing ordinances are required to provide for prompt hearing and prompt judicial
review for persons whose licenses or permits have been denied, suspended or revoked. After
the filing of an appeal of the City's decision to deny, suspend or revoke a permit, appeal
hearings and judicial review shall be expedited as set forth in this Ordinance or pursuant to
State Law,
1, The City Council further finds that an appellant is afforded judicial
review of an appeal relating to an adult performer license permit hearing pursuant to
California Code of Civil Procedure Sections 1094,5 and 1094,6 and that such review is, by
experience, prompt, but that the City can further ensure prompt judicial review by requiring
of itself the preparation of the administrative record within ten (10) working days ofa request
rather than the statutorily-authorized one hundred ninety (190) days, by requesting expedited
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hearing, briefing, and the prompt rendering of a decision by a court of competent jurisdiction,
and/or by setting the writ for hearing if the applicant fails to do so,
2, The City Council further finds that the licensing provISIons for
performers established herein, mandating that a temporary license be immediately issued
upon receipt of a completed adult business performer application, are in keeping with the
abbreviated time frames prescribed by the Ninth Circuit's decisions in Baby Tam, and the
Washington Supreme Court's decision in lno lno,
T, The City Council further finds that the disclosure of sex-related crimes and
other necessary personal information of applicants is not intended to violate the applicants'
privacy interest. Rather, the disclosure of the requisite information and the denial,
revocation, or suspension of a permit or license furthers the City's goal of protecting minors,
assuring the correct identification of persons working in adult cabarets, enabling the City to
deploy law enforcement resources effectively and reducing sex-related criminal activity on
the premises of adult businesses, including sex-related offenses to which operators and
employees of adult businesses tend to participate, all of which studies indicate is pervasive,
The City also recognizes that disclosure of sex-related crimes and other necessary personal
information of applicants has been upheld against constitutional challenge, and, accordingly,
takes legislative notice of the following cases: Tee & Bee v, City of West Allis, 936 F,Supp,
1479 (ED, Wisc. 1996); N. W. Enterprises, Inc. v, City of Houston, 1998 WL 315917 (S,D,
Tex, 1998); lno lno v. City of Belle vue, 132 Wash,2d 103,937 P,2d 154 (1997),
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U, 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 City 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 the City of Arcadia,
V, 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 Alcoholic Beverage Commission
("ABC"),
W, 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,
X, Since 1974, a redevelopment project area has existed within the City of
Arcadia, It was established pursuant to Ordinance No, 1490 in order to eliminate the
conditions of blight existing in the Project Area; insure that the causes of blighting conditions
will either be eliminated or protected against; encourage and insure the rebuilding and
development of the Project Area; and encourage and foster the economic revitalization of the
Project Area.
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The establishment of the Redevelopment Area in Arcadia is consistent with State Law
as a means to reverse deteriorating trends including blighted areas, These areas have serious
adverse social, economic, and physical conditions which constitute a danger to the health,
safety, and general welfare of the community including an excess of bars, liquor stores, or
adult uses that cause problems for the public safety and welfare as set forth in this Ordinance,
y, The City of Arcadia has expended over forty (40) million dollars in
Community Development Block Grant, gas tax, lighting maintenance district, sewer fund,
Proposition A, SB 821, Edison Rule 20A, redevelopment and general fund monies since
1974 to revitalize the downtown Project Area, The most recent project called Downtown
2000 was completed in 1996,
The adverse secondary effects of adult businesses as set forth in this ordinance are
totally inconsistent with the intent, purpose, goals, expenditures and results of redevelopment
in the Redevelopment Project Area of the City of Arcadia, The allowance of such uses
would mitigate the public benefits attributed to redevelopment, nullify the positive trends and
development attributable to redevelopment, and would be inconsistent with the twenty (26)
year status of the referred to downtown redevelopment area, and its continued viability as a
redevelopment area,
Z, Arcadia provides for design review in the Project Area, and has historically
precluded inappropriate uses in said area, The City and Redevelopment Agency have
consistently renewed their commitment to the Redevelopment Project Area and have restated
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the goals of eliminating blight, encouragmg high quality uses, and enhancing the
development of the area consistent with precluding all of the adverse secondary effects
concomitant to adult business uses,
To allow adult businesses in this special area would be inconsistent with the twenty
six (26) year history of the redevelopment project area, the actual development of the area,
the public expenditures, private investment, future plans for the area and adjacent property
and the general health, safety, and welfare that has been achieved and is the continued goal
for the,Arcadia Downtown Redevelopment Project Area,
SECTION 2, AMENDMENT OF CODE, That Division 9 entitled "Adult
Entertainment Establishments" of Part 7 of Chapter 2 of Article IX of the Arcadia Municipal
Code is hereby repealed in its entirety and replaced as follows:
DIVISION 9, ADULT BUSINESSES
Section 9279, Purpose
Section 9279,1. Definitions
Section 9279,2, Location of Adult Businesses
,
Section 9279.3, Adult Business Regulatory Permit
Section 9279.4, Investigation and Action on Application for Adult Business
Regulatory Permit
Section 9279,5, Development and Operating Standards
Section 9279,6, Transfer of Adult Businesses or Adult Business Regulatory
Permits
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Section 9279,7, Suspension or Revocation of Adult Business Regulatory
Permit/Appeal Procedure
Section 9279,8, Judicial Review
Section 9279,9, Display of Adult Business Regulatory Permit
Section 9279.10, Employment of and Services Rendered to Persons Under the
Age of Eighteen (18) Years Prohibited
Section 9279,11, Inspections
Section 9279,12, Employment of Performers Without Valid License
Unlawful
Section 9279,13, Regulations Non-Exclusive
Section 9279,14, Violations; Penalties
Section 9279,15, Public Nuisance
SECTION 9279, PURPOSE,
It is the purpose and intent of this Division to regulate adult businesses, which tend
to have serious secondary effects on the community, including, but not limited to, increases
in crime in the vicinity of adult businesses; decreases in property values in the vicinity of
adult businesses; increases in vacancies in residential and commercial areas in the vicinity
of adult businesses; interference with residential property owners' enjoyment of their
properties when such properties are located in the vicinity of adult businesses as a result of
increases in crime, litter, noise, and vandalism; deterioration of neighborhoods, as a result
of a concentration of adult businesses in close proximity to each other or to other
incompatible uses such as schools, religious institutions, and residentially-zoned districts
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which thereby have a deleterious effect upon adjacent areas, Special regulation of these
businesses is necessary to prevent these adverse effects and the blighting or degradation of
the neighborhoods in the vicinity of adult businesses,
It is, therefore, the purpose of this Division to establish reasonable and uniform
regulations to prevent the concentration of adult businesses or their close proximity to
incompatible uses while permitting the location of adult businesses in certain areas,
Section 9279,1. DEFINITIONS, In addition to the definitions contained in the
Municipal Code, the following words and phrases shall, for the purpose of these regulations,
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 the current provisions of the
Municipal Code, these definitions shall prevail.
A. Adult Arcade. A business establishment or concern to which the public is
permitted or invited and where coin-card or slug operated or electronically, electrically or
mechanically controlled amusement devices, still or motion picture machines, projectors,
videos 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" (as these phrases are defined below),
B, Adult Bookstore; Adult Video Store, A business establishment or concern
having as a regular and substantial portion of its stock in trade, "material relative to adult
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uses" which is distinguished or characterized by its emphasis on matter depicting, describing,
or relating to "specified sexual activities" or "specified anatomical areas" (as these phrases
are defined below),
C, Adult Booth, An enclosed or partially enclosed portion of an adult business
(as defined below) used for any of the following purposes:
1, Where a live or taped performance is presented or viewed, where the
material presented is distinguished or characterized by its emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified anatomical areas" (as
these phrases are defined below);
2, Where "adult arcade" (as this phrase is defined above) devices are
located,
D, Adult Business,
1, A business establishment or concern which as a regular and substantial
course of conduct operates as an adult bookstore, adult motion picture theater, adult arcade,
adult cabaret, adult motel or hotel, adult video store, 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 merchandise 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
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"specified sexual activities" or "specified anatomical parts" (as these phrases are defined
below) but not including those uses or activities which are preempted by State law,
E, Adult Cabaret. A nightclub or other business establishment or concern
(whether or not serving alcoholic beverages) which features live performances by topless
and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers,
and where such performances are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical
areas" (as these phrases are defined below),
F, Adult Hotel. Shall mean a "hotel" or "motel" (as defined in the Arcadia
Municipal Code) which is used for presenting on a regular and substantial basis "material
relative to adult uses" which is 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 below) through closed circuit or cable television or
through videotape recorder where videotapes are provided by the hotel/motel.
G, Adult Modeling Studio, A business 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,
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H, Adult Motion Picture Theater, A commercial establishment, with or without
a stage or proscenium, where, on a regular and substantial basis and for any form of
consideration, "material relative to adult uses" is presented through films, motion pictures,
video cassettes, slides, laser disks, digital video disks, or similar electronically-generated
reproductions that are characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas" (as these phrases are defined below),
1. Adult Oriented Merchandise, 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" (as these phrases are defined
below),
J, Day Care Facility or Day Care Center. Any child day care facility as defined
in Section 1596,750 of the California Health and Safety Code other than family day care
homes,
K, Establishment of an Adult Business, Any of the following:
1. The opening or commencement of any "adult business" (as 'defined
above) as a new business;
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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%),
L. Material Relative to "Adult Businesses", Anything including, but not limited
to, "adult oriented merchandise", accessories, paraphernalia, books, magazines, laser disks,
compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures,
pamphlets, videos, slides, tapes, or electronically generated images or devices including
computer software, or any combination thereof, which is or distinguished or characterized
by emphasis on matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas" (as these phrases are defined herein),
M, Owner/Pennit Holder, 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) the owner of a controlling interest in a corporation that owns and operates an
adult business; or (4) the person designated by the officers of a corporation to be the penn it
holder for an adult business owned and operated by the corporation,
N, Perfonner, A person who is an employee or independent contractor of an
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adult business, or any person who, with or without any compensation or other form of
consideration, performs for patrons of an adult business (as this phrase is defined above),
Performer does not include a patron,
0, Park, 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,
p, Religious Institution. A structure or facility that is used primarily for religious
worship and related religious activities such as a church, temple or synagogue,
Q, School. 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,
R, Residential Zone, Any property within the City which carries a zoning
designation of: R-M Residential Mountainous Single Family Zone; R-O Residential First
One- Family; R-1 Residential Second One-Family; R-2 Medium Density Multiple-Family
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Residential Zone; and R-3 Multiple Family Residential Zone,
S, Specified Anatomical Areas, Means and includes 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:
a, human genitals, pubic region;
b, buuocks, 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
opaquely covered,
T. Specified Sexual Activities, Means and includes any of the following,
irrespective of whether performed directly or indirectly through clothing or other covering:
A. Human genitals in a state of sexual stimulation or arousal; and/or
1, Acts of human masturbation, sexual stimulation or arousal;
and/or
2, Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation; and/or
3, Masochism, erotic or sexually-oriented torture, beating, or the
infliction of pain, or bondage and/or restraints; and/or
4, Human excretion, urination, menstruation, vaginal or anal
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irrigation; and/or
5, Fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
SECTION 9279,2, LOCATION OF ADULT BUSINESSES,
A, In addition to the requirements of this Division, no adult businesses shall be
established or located in any area in the City other than the M-1 and M-2 zones of the City,
with the exception of those parcels in the M-1 zone that are within the boundaries of the
Central Arcadia Redevelopment Project Area,
In those land uselzoning district(s) where the adult businesses regulated by this
Division would otherwise be permitted uses, it shall be unlawful to establish any adult
business if the location is:
1, Within fifty (50) feet of any other adult business, The distance between
any two adult businesses shall be 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,
2, Within seven hundred (700) feet of any existing residential zone, 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,
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school or day care facility, along a straight line extended between the two points,
B, No building permit or zoning clearance, business tax receipt, adult business
regulatory permit, or other permit or entitlement for use shall be legally valid if issued to any
adult business proposed to operate or to be established in the City unless the zoning and
locational requirements set forth above are satisfied in full.
SECTION 9279,3, ADULT BUSINESS REGULATORY PERMIT REOUlRED,
All adult businesses that meet the zoning and locational requirements set forth in this
Division are also subject to the adult business regulatory permit requirements of this section
as well as all other applicable ordinances of the City and laws of the State of Cali fomi a,
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, The adult business regulatory permit shall be subject to the development and
operational standards contained in Section 9279,5,
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"), Such application shall contain the following information and shall also include
applicant's acknowledgment of compliance with all requirements set forth in Section 9279,5,
1, If the permit applicant is an individual, the individual shall state his or
her legal name, including any aliases, and address, and shall submit satisfactory written proof
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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, the names of all partners, 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 ofthe 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 names, aliases, addresses, and date
of birth.
5, If the 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 of the owners and lessors of the adult business site,
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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 fifteen (15) working days of any change in the information
originally submitted,
9, 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 to 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 of lots accurately dimensioned,
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d, Location and size of all existing and proposed structures,
e, Location and size of all existing and proposed parking
stalls,
f, Location of all landscaped area,
g, Location of trash area(s),
h, Location of proposed exterior lighting system as required
by Section 9279,5,
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 performance standards set forth in this Ordinance,
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
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(2) points,
4, Note: Some of the above information may be waived if it is
determined by the Director that said information is not necessary, or more information may
be required if deemed necessary by the Director to adequately evaluate the application,
C, The completed application shall be accompanied by a non-refundable
application fee, Said fee shall be set forth 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
noti/)' 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.
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SECTION 9279.4, INVESTIGATION AND ACTION ON APPLICATION FOR
ADULT BUSINESS REGULATORY PERMIT,
A, Upon receipt of a completed application and payment of the application and
permit fees, the Director shall immediately stamp the application "Received" and, in
conjunction with City staff, shall promptly review the information contained in the
application, The application shall be referred to the Chief of Police to determine the facts
with regard to Section D-6 below, (Criminal information per Penal Code Section 11105)
B, Within ten (10) working days of receipt of the completed application, the
investigation shall be completed and the applicant notified, unless extended for five (5)
additional working days upon a showing of good cause reported in writing by the Chief of
Police,
C. 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 Section 9279,5,
D, The application shall be denied for any of the following reasons:
1, The adult business does not comply with the zoning and locational
standards found in Section 9279,2,
2, The adult business does not comply with the development, operational
or performance standards of 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
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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
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 shareholders, partners,
officers, directors or other parties possessing a ten percent (10%) or greater interest, if a
partnership or corporation, has: 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 (a) less than
two (2) years has elapsed since the date of conviction or the date of release from confmement
for that conviction to the date of application, whichever is the later date, if the conviction is
a misdemeanor, or (b) less than five (5) years has elapsed since the date of conviction or the
date of release from confinement of conviction to the date of application, whichever is the
later date, if the conviction is a felony; or (c) less than five (5) years has elapsed since the
date of the last conviction or the date of release 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, This section shall be applied consistent with California Penal Code
Section 11105 and any amendments thereto,
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E, A person cannot apply for an adult business regulatory permit for a particular
location within one (1) year from the date of prior denial, if denial is based on
sub-section D-6 above, Denial for any other reason shall be without prejudice
to re-application at any time,
SECTION 9279,5, DEVELOPMENT AND OPERATING STANDARDS,
A, Hours of Operation,
It shall be unlawful for any operator or employee of an adult business to allow
such adult business to remain open for adult business uses as defined in this Ordinance, 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 as defined and regulated by this
Ordinance and all applicable sections, between the hours of 2:00 a,m, and 10:00 a,m, of any
day.
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,
C, Interior Lighting Requirements,
All interior areas of the adult business excepting therefrom adult hotels and
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motels shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly
distributed at floor level.
D, Minors' Access,
1, To the extent that it is in conformity with the Penal Code, X-rated
movies, videotapes, digital video disks (DVDs), compact disks (CDS) and laser disks shall
be restricted to persons over 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 motion picture rating industry ("MP AA"), or which have not been submitted
to the MP AA 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 Section D,I, above,
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) if
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liquor is served.
E, Regulation of Closed Booths,
No one shall maintain any arcade booth or individual viewing area unless the entire
interior of such premises wherein the picture or entertainment that is viewed is visible upon
entering into such premises; and further, that the entire body of any viewing person is also
visible immediately upon entrance to the premises without the assistance of mirrors or other
viewing aids, No partially or fully enclosed booths/individual viewing areas or partially or
fully concealed booths/individual viewing areas shall be maintained, No arcade booth shall
be occupied by more than one (1) individual at a time, No holes or other openings
(commonly known as "glory holes") shall be permitted between arcade booths or individual
vlewmg areas,
F, Regulation of Viewing Areas,
All viewing areas within the adult business shall be visible from a continuous and
accessible main aisle in a public portion of the establishment, and not obscured by any door,
curtain, wall, two-way mirror or other device which would prohibit a person from seeing into
the viewing areas from the main aisle, A manager shall be stationed in the main aisle or
video monitoring shall be established at a location from which the inside of all of the viewing
areas are visible at all times in order to enforce all rules and regulations, All viewing areas
shall be designed or operated to only permit occupancy of either one person, or more than
ten persons, "Viewing area" shall mean any area in which a person views performances,
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pictures, movies, videos, or other presentations,
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, or in the alternative, uniformed security guards to patrol and monitor
the parking lot areas during all business hours, A sign indicating compliance with this
provision shall be posted on the exterior of the premises between four (4) to six (6) feet from
the ground, The sign shall not exceed two (2) feet by three (3) feet and shall at a minimum
be one (1) foot by one and a half feet (1 \1,).
H, Sign Requirements,
All adult businesses shall comply with the following sign requirements, in addition
to those of the Arcadia Municipal Code, Should a conflict exist between the requirements
of the Arcadia Municipal Code and this subsection, the more restrictive shall prevail.
1. All exterior signs shall be flat (i.e" not angled to the front wall of the
building) wall signs,
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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. Live Entertainment - ODerating 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:
1. No employee, owner, operator, responsible managmg 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) if liquor is served,
2, No person shall perform live entertainment for patrons of an adult
business except upon a permanently fixed stage at least eighteen (18) inches above the level
of the floor,
3, No performer shall be within six (6) feet of a patron while the
performer is performing, This six (6) foot separation shall be marked by a railing or other
physical barrier designed to obstruct any contact between the performer and the patron(s),
4, No performer shall have physical contact with any patron, and no patron
shall have physical contact with any performer on or adjacent to the premises utilized for the
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adult business including all required parking areas, In addition, while on the premises, no
performer shall have physical contact with a patron and no patron shall have physical contact
with a performer, which physical contact involves the touching of the clothed or unclothed
genitals, pubic area, buttocks, cleft of the buttocks, 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 placed on
the barrier between patrons and performers and, if necessary, by employees of the
establishment.
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 specified anatomical areas,
6, Ifpatrons wish to tip performers, receptacles shall be at least six (6) feet
from the stage or other area used by the performers, Patrons shall not throw tips to
performers, hand tips directly to performers or place tips in the performers' costumes, When
patrons are at the establishment, neither a patron nor any other performer shall be allowed
to directly touch, fondle or caress a performer, as those terms are defined in Kev, Inc, v,
Kitsap County, 793 F,2d 1053 (9th Cir. 1986), This prohibition does not extend to incidental
touching, Patrons shall be advised of the separation and no touching requirements by signs
placed on the barrier described in Section I-3, above,
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7, The adult business shall provide dressing rooms for performers, which
are separated by gender and exclusively dedicated to the performers' use and which the
performers shall use, Performers may share a dressing room,
8, The adult business 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-
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,
], 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:
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2, Have individual, separate seats, not couches, benches, or the like, to
accommodate the maximum number of persons who may occupy the area;
a, 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
b, 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,
c, 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 of the 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,
SECTION 9279.6, 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.
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 of the requirements of this
Division, including the operational and development standards of Section 9279,5 and the
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provisions relating to adult business performer licenses including disqualification for certain
criminal convictions per Section 9279.4 - D-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:
1, If the transferee is an individual, the individual shall state his or her
legal name, including any aliases, and address, and shall submit satisfactory written proof
that he or she is at least eighteen (18) years of age,
2, If the transferee is a partnership, the partners shall state the
partnership's complete name, address, the names of all partners, and whether the partnership
is general or limited; and shall attach a copy of the partnership agreement, if any,
3. If the transferee 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 California, the names and capacities of all officers and
directors, the name of the registered corporate agent, and the address of the registered office
or service of process,
4, If the transferee is anything other than an individual, the names, aliases,
addresses, and dates of birth of each individual having a ten percent (10%) or greater
financial interest in the transferee business entity must be provided,
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5, The names of all employees, independent contractors, and other persons
who will perform at the adult business, who are required by Sections 6700 et. seq, to obtain
an adult business performer license,
D, No permit shall be transferred to a transferee with criminal convictions as set
forth in Section 9279.4 - D-6, Such transfers are deemed to be null and void,
SECTION 9279,7, SUSPENSION OR REVOCATION OF ADULT BUSINESS
REGULATORY PERMITS/APPEAL PROCEDURE,
A, On determining that grounds for permit suspension or revocation exist, the
Director shall furnish written notice of the proposed suspension or revocation to the 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 last known address of the permit holder, or shall be delivered to the
permit holder personally, 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,
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3, Any hearing under this section may be continued for a reasonable time
for the convenience of a party or a witness at the request of the permittee, Extensions of time
or continuances sought by a permittee shall not be considered a delay on the part of the City
or constitute failure by the City to provide for prompt decisions on permit suspensions or
revocations,
4, The Board may hear the appeal itself or may delegate the hearing to a
hearing officer or administrative law 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 decision, the Board shall convene within four (4) working days and may (a)
adopt the proposed decision in its entirety; (b) reduce or otherwise mitigate (condition) the
proposed penalty; (c) make technical or other minor changes in the proposed decision and
adopt it as the 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:
1, The building, structure, equipment, or location used by the adult
business fails to comply with applicable building, fire, electrical, plumbing, health, and
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 9279,5,
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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 9279.3 (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,
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 of release 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
confinement of conviction to the date of application, whichever is the later date, if the
conviction is a felony; or (c) less than five (5) years have elapsed since the date of the last
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conviction or the date of release 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 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 six (6) months or more,
10, That the transferee/new owner of an adult business or adult business
regulatory permit fails to comply with the requirements of Section 9279,6,
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,
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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 & Safety Code.
e. 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
of life and property,
C, In the event a permit is revoked pursuant to this section, another adult business
regulatory permit to operate an adult business shall not be granted to the permittee within
eighteen (18) months after the date of such revocation,
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SECTION 9279,8, JUDICIAL REVIEW.
A. The time for a court challenge to a decision of the City is governed by
California Code of Civil Procedure Section 1094,6 or amendments and additions to State law
that are applicable,
B, Notice of the City's decision and its findings shall include citation to California
Code of Civil Procedure Section 1094,6,
C, Any permit holder whose permit has been suspended, or revoked pursuant to
this Division shall be afforded prompt judicial review of that decision as provided by law,
The City shall make every effort to expedite such review, in all ways possible, including but
not limited to taking the following measures:
1. Providing the complete administrative record of the denial, suspension,
or revocation of an applicant's or permit holder's appeal proceeding under this Section within
ten (10) working days of the service of a petition under California Code of Civil Procedure
Section 1094,6 as to the denial, suspension, or revocation, or within ten (10) working days
of a written request by the applicant for such record, whichever first occurs,
2, Seeking a briefing and hearing schedule by stipulation with the
petitioner(s), or requesting expedited briefing, hearing, and ruling by the court should no
stipulation be agreed upon between the parties, in order to obtain a final judicial
determination on the merits within thirty (30) days after completion of the administrative
record, unless this time frame cannot be met consistent with sound judicial resolution, and,
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if this is the case, by stipulation or request to the court ensuring a final judicial determination
within the shortest time feasible, If, after the adoption of this Ordinance, a subsequent rule
of court or statute dictates other time frames for hearing, briefing or decision, the City shall
comply with such time frames,
3, Filing a motion pursuant to Code of Civil Procedure Section 1094
requesting the court to determine the petition for writ of mandate, if the petitioner fails to
cause the matter to be set for hearing within fourteen (14) days of the service of the petition
for writ of mandate and fails to agree to a stipulated briefing/hearing schedule with the City,
SECTION 9279,9, DISPLAY OF ADULT BUSINESS REGULA TORY PERMIT,
Every adult business shall display at all times during business hours the permit issued
pursuant to the provisions of this Division for such adult business in a conspicuous place so
that the same may be readily seen by all persons entering the adult business,
SECTION 9279.10, EMPLOYMENT OF AND SERVICES RENDERED TO
PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS
PROHIBITED,
A. It shall be unlawful for any permit holder, owner, operator, partner, director,
officer, shareholder with a ten percent (10%) or greater interest, agent, 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, 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
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business,
B, It shall be unlawful for any permit holder, owner, operator, partner, director,
officer, shareholder with a ten percent (10%) or greater interest, agent, 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, and said persons shall exercise
reasonable care in ascertaining the true age of persons entering the adult business,
SECTION 9279,11. INSPECTIONS,
Each permit applicant, permit holder, owner, operator, partner, director, officer,
shareholder with a ten percent (10%) or greater interest, agent, employee or other person in
charge of an adult business shall permit representatives of the Police Department, Health
Department, Fire Department, Development Services Department, other City departments,
to inspect the adult business for the purpose of insuring compliance with the law and the
development and operating standards applicable to adult businesses at any time it is occupied
or opened for business. Such inspections shall be conducted in a reasonable manner,
SECTION 9279,12, EMPLOYMENT OF PERFORMERS WITHOUT VALID
LICENSE UNLAWFUL,
It shall be unlawful for any owner, operator, manager, permit holder, partner, director,
officer, shareholder with a ten percent (10%) or greater interest, agent, employee or other
person in charge of an adult business which provides live entertainment displaying specified
anatomical areas or specified sexual activities to allow any person to perform such
entertainment who is not in possession of a valid, un-revoked, un-suspended adult business
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performer license,
SECTION 9279,13, REGULATIONS NON-EXCLUSIVE,
The provisions of this Division regulating adult businesses are not intended to be
exclusive, and compliance therewith shall not excuse non-compliance with any other
regulations pertaining to the operation of businesses as adopted by the City Council of the
City of Arcadia; provided, however, that the provisions contained in Article VI, Chapters I
through 6, inclusive, of the Arcadia Municipal Code shall be deemed superseded by these
regulations in the event a business activity therein also meets the definitions contained in this
Division,
SECTION 9279,14, VIOLATIONS; PENALTIES,
Any permit holder violating or causing the violation of any of these provisions
regulating adult businesses shall be guilty of a misdemeanor, and any conviction thereof shall
be punishable by a fine of not more than one thousand dollars ($1,000,00) or by
imprisonment in the County jail for not more than six (6) months, or by both such fine and
imprisonment. Any violation of these provisions shall constitute a separate offense for each
and every day during which such violation is committed or continued,
SECTION 9279,15, PUBLIC NUISANCE,
In addition to the penalties set forth in Section 9279.14 above, any adult business
which is operating in violation of these provisions regulating adult businesses is hereby
declared to constitute a public nuisance and, as such, may be abated or enjoined from further
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operation,
SECTION 3, AMENDMENT OF CODE, That Section 6211 of Division 1 of Part
1 of Chapter 2 of Article VI of the Arcadia Municipal Code is hereby amended to read as
follows:
SECTION 6211. LICENSE REOUlRED,
There are hereby imposed upon the business trades, professions, callings and
occupations specified in this Division license taxes in the amounts hereinafter prescribed,
No person shall engage in business or transact and carry on any business, trade, profession,
calling or occupation in the City, without first having procured a license from the City so to
do and without fully complying with any and all other provisions of this Code, This section
does not apply to adult businesses; the regulation and permitting of adult businesses and the
licensing of the trades, professions, callings, and occupations thereof involved are separately
enacted and provided for in Sections 9279 and 6700 et seq, of this Code,
SECTION 4, AMENDMENT OF CODE, That Section 6311 of Division 1 of Part
1 of Chapter 3 of Article VI of the Arcadia Municipal Code is hereby amended to read as
follows:
SECTION 6311. APPLICATION,
Unless otherwise specifically provided elsewhere in this Code, the application for any
permit required from the Council by any provision of this Code shall be made to the Business
License Officer, shall be signed and verified by the applicant and shall set forth the
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information specified in Sections 6311,1 through 6311,7.4, This section does not apply to
adult businesses; the regulation and permitting of adult businesses and the licensing of the
trades, professions, callings, and occupations thereof involved are separately enacted and
provided for in Sections 9279 and 6700 et seq, of this Code.
SECTION 5, AMENDMENT OF CODE, That Chapter 7 of Article VI is hereby
added to the Arcadia Municipal Code to read as follows:
CHAPTER 7, ADULT BUSINESS PERFORMER LICENSE,
Section 6700, Purpose
Section 6701, Adult Business Performer License
Section 6702, Investigation and Action on Adult Business Performer License
Section 6703, Denial, Suspension or Revocation of Adult Business Performer
License
Section 6704, Appeal of Denial, Suspension or Revocation of Adult
Business
Performer License
Section 6705, Display ofIdentification Cards
Section 6706, Adult Business Performer Licenses Non-Transferable
Section 6707, Time Limit for Filing Application for Permit
Section 6708, Violations; Penalties
Section 6709, Regulations Non-Exclusive
SECTION 6700, PURPOSE,
It is the purpose and intent of this Chapter to provide for the licensing of adult
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business performers in order to promote the health, safety, and general welfare ofthe citizens
of the City, The goals of the performer licensing provisions are: (1) to protect minors by
requiring that all performers be over the age of eighteen (18); (2) to assure the correct
identification of persons performing in adult businesses; (3) to enable the City to deploy law
enforcement resources effectively; and (4) to detect and discourage the involvement of crime
in adult businesses by precluding the licensing of performers with certain sex-related
convictions in a set time period, It is neither the intent nor the effect of these regulations to
invade the privacy of performers or to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent nor the effect of these regulations
to restrict or deny access by adults to communicative materials or to deny access by the
distributors or exhibitors of adult businesses to their intended lawful market. Nothing in
these regulations 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,
The definitions contained in the Arcadia Municipal Code, specifically those found in
Division 9 shall govern for purposes of these regulations
SECTION 6701, ADULT BUSINESS PERFORMER LICENSE,
A. No performer shall be employed, hired, contracted for or otherwise retained in
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an adult business to participate in or give any live performance displaying specified
anatomical areas or specified sexual activities without first having a valid adult business
performer license issued by the City,
B, Consistent with Arcadia Municipal Code Section 1441, for purposes of
enforcing Chapter 7 of Article VI of the Arcadia Municipal Code (Adult Business Performer
License - Sections 6700 et. seq,) Director and Officer shall mean the Chief of Police of the
City of Arcadia or the Chiefs designee,
C, License applicants shall file a written, signed, and verified application or
renewal application on a form provided by the Officer, Such application shall contain the
following information, necessary for the City to determine an applicant's ability to function
responsibly in an adult business setting, and be accompanied by the following documents:
1, The license applicant's legal name and any other names (including
"stage names" and aliases) used by the applicant.
2, Age, date and place of birth.
3, Height, weight, hair and eye color and tattoo descriptions and locations,
4, Each present and/or, as the case may be, proposed business addressees)
and telephone number(s) of the establishments at which the applicant intends to work.
5, Driver's license or identification number and state of issuance.
6, Social security number.
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7, Satisfactory written proof that the license applicant is a least eighteen
(18) years of age,
8, The license applicant's fingerprints on a form provided by the Police
Department and a color two (2) by two (2) inch photograph clearly showing the applicant's
face, Any fees for the photographs and fingerprints shall be paid by the applicant.
Fingerprints and photograph shall be taken within six (6) months of the date of application,
9, Whether the license applicant, 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 of release
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 confinement of conviction to the date of conviction,
whichever is the later date, if the conviction is a felony; or (c) less than five (5) years have
elapsed since the date of the last conviction or the date of release 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, This section shall be applied consistent with California Penal
Code Section 11105 and any amendments thereto,
10. If the application is made for the purpose of renewing a license, the
license applicant shall attach a copy of the license to be renewed,
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D, The completed application shall be accompanied by a non-refundable
application fee and an annual license fee, Said fees shall be set by Resolution of the City
Council.
E, The completeness of an application shall be immediately determined by the
Officer upon its submittal. The Officer must be available during normal working hours
Monday through Friday to accept adult business performer applications, If the Officer
determines that the application is incomplete, the Officer shall immediately inform the
applicant of such fact and the reasons therefor, including any additional information
necessary to render the application complete. Upon receipt of a completed adult business
performer application and payment of the license fee specified in subsection D above, the
Officer shall immediately issue a temporary license which shall expire of its own accord ten
(10) business days from the date of issuance and shall only be extended as provided in
Section 6702-F, This temporary adult business performer license shall authorize a performer
to commence performance at an adult business establishment that possesses a valid adult
business regulatory permit authorized to provide live entertainment.
F, The fact that a license applicant possesses other types of State or City permits
or licenses does not exempt the license applicant from the requirement of obtaining an adult
business performer license,
SECTION 6702, INVESTIGATION AND ACTION ON APPLICATION FOR
ADULT BUSINESS PERFORMER LICENSE,
A. Upon submission of a completed application, payment of license fees, and
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issuance of a temporary adult business performer license pursuant to Section 6701, the
Officer shall immediately stamp the application "Received" and shall refer the application
to the Police Department for investigation to determine whether the license applicant should
be issued an adult business performer license,
B, Investigation shall not be grounds for the City to unilaterally delay in reviewing
a completed application, The Officer's decision to grant or tentatively deny the adult
business performer license shall be made within ten (10) working days from the date the
temporary license was issued and in no case shall the decision to grant or tentatively deny the
license application be made after the expiration of the temporary license,
C, The Officer shall render a written decision to grant or tentatively deny the
license within the foregoing ten (10) working days period, Said decision shall be mailed first
class postage pre-paid or hand-delivered to the applicant, within the foregoing ten (10) day
,
period, at the address provided by the applicant in the application,
For good cause as set forth in writing, the ten (10) day period shall be extended up to
an additional ten (10) days, This shall automatically extend the temporary license,
D, The Officer shall notifY the applicant as follows:
1, The Officer shall write or stamp "Approved" or "Denied" on the
application and date and sign such notation,
2, If the application is denied, the Officer shall attach to the application a
statement of the reasons for the denial.
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3, If the application is approved, the Officer shall attach to the application
an adult business performer license,
4, The application, as acted upon, and the license, if any, shall be placed
in the United States mail, first class postage prepaid, or hand delivered, addressed to the
license applicant at the residence address stated in the application in accordance with the time
frames established herein,
E, The Officer shall approve the application and issue the license unless the
application is denied based on one of the grounds set forth in 6703 C,
F, On determining that the grounds for license denial exist in accordance with this
section, the Officer shall furnish written notice of the denial to the license holder. Such
notice shall provide, in addition to the ground or 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 temporary license shall be extended through the time the appeal is
concluded,
G, Each adult business performer license, other than the temporary license
referred to in this Ordinance, shall expire one (1) year from the date of issuance and may be
renewed only by filing with the Officer a written request for renewal, accompanied by the
annual license fee and a copy ofthe license to be renewed, If said application conforms to
the previously approved application and there has been no change with respect to the license
holder being convicted of any crime classified by this or any other state as a sex-related
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offense, the Officer shall renew the license for one (I) year, The denial of a renewal
application is appealable 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 license,
SECTION 6703, DENIAL. SUSPENSION OR REVOCATION OF ADULT
BUSINESS PERFORMER LICENSE/APPEAL HEARING,
A. On determining that grounds for license denial, suspension or revocation (also
referred to collectively as License Action) exist, the Officer shall furnish written notice of
the license action to the license holder or applicant (hereinafter "license holder" or "licensee"
shall also mean "license applicant" or "applicant"), Such notice shall set forth the time and
place of a hearing and the ground or grounds upon which the hearing is based, the pertinent
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 last known address of
the license holder, or shall be delivered to the license holder personally, at least ten (10)
working days prior to the hearing date before the Business License Review Board,
B, The applicant or license holder shall have the right to offer testimonial,
documentary, and tangible evidence bearing upon the issues and may be represented by
counsel. The Board shall not be bound by the formal rules of evidence, Any hearing under
this section may be continued for a reasonable time for the convenience of a party or a
witness at the request of the licensee, Extensions of time or continuances sought by a
licensee shall not be considered delay on the part of the City or constitute failure by the City
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to provide for prompt decisions on license actions,
C, A license may be denied, suspended or revoked, based on any of the following
causes arising from the acts or omissions of the permit holder:
1, The licensee has made any false, misleading, or fraudulent statement of
material fact in the application for a performer license,
2, The license applicant is under eighteen (18) years of age,
3, The licensee has pled guilty, 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 of release from confinement for
the 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 confinement of conviction to the date of application, whichever is the
later date, if the 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,
4, The Licensee has committed acts in violation of the requirements and
standards of the Adult Business Ordinance, (Sections 9700 et. seq, and 6700 et. seq,)
D, After holding the hearing in accordance with the provisions of this section, if
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the Board finds and determines that there are grounds for denial, suspension or revocation,
the Board shall impose one of the following:
I. Suspension of the license for a specified period not to exceed six (6)
months; or
2, Denial and/or Revocation of the license,
3, Conditional granting of the license,
The Board shall render a written decision that shall be hand delivered or overnight
mailed to the license holder within two (2) working days of the hearing,
E, In the event a permit is revoked pursuant to this section, another adult business
performer license shall not be granted to the licensee within twelve (12) months after the date
of such revocation,
SECTION 6704, JUDICIAL REVIEW,
A. The time for a court challenge to a decision of the City Council is governed by
California Code of Civil Procedure Section 1094,6 or amendments or additions to State law
that are applicable,
B, Notice of the City Council's decision and its findings shall include citation to
California Code of Civil Procedure Section 1094,6,
C, Any applicant or license holder whose permit has been denied, suspe~ded, or
revoked, pursuant to this Chapter shall be afforded prompt judicial review of that decision
as provided by law, The City shall make every effort to expedite such review, in all ways
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possible, including but not limited to taking the following measures:
1, Providing the complete administrative record of the denial, suspension,
or revocation of an applicant's or permit holder's appeal proceeding under this Section within
ten (10) working days of the service of a petition under California Code of Civil Procedure
Section 1094,6 as to the denial, suspension, or revocation, or within ten (10) working days
of a written request by the applicant for such record, whichever first occurs,
2, Seeking a briefing and hearing schedule by stipulation with the
petitioner(s), or requesting expedited briefing, hearing, and ruling by the court should no
stipulation be agreed upon between the parties, in order to obtain a final judicial
determination on the merits within thirty (30) days after completion of the administrative
record, unless this time frame cannot be met consistent with sound judicial resolution, and,
if this is the case, by stipulation or request to the court ensuring a final judicial determination
within the shortest time feasible. If, after the adoption of this ordinance, a subsequent rule
of court or statute dictates other time frames for hearing, briefing or decision, the City shall
comply with such time frames,
3, Filing a motion pursuant to Code of Civil Procedure Section 1094
requesting the court to determine the petition for writ of mandate, if the petitioner fails to
cause the matter to be set for hearing within fourteen (14) working days of the service of the
petition for writ of mandate and fails to agree to a stipulated briefinglhearing schedule with
the City,
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SECTION 6705, DISPLAY OF LICENSE IDENTIFICATION CARDS,
The Officer shall provide each adult business performer required to have a license
pursuant to Section 6700 et. seq. with an identification card containing the name, address,
photograph, and permit number of such performer. Every performer shall have such card
available for inspection at all times during which he or she is on the premises of the adult
business at which he or she performs or entertains,
SECTION 6706, ADULT BUSINESS PERFORMER LICENSE NON-
TRANSFERABLE,
No adult business performer license may be sold, transferred, or assigned by any
licensee or by operation of law, to any other person, group, partnership, corporation, or any
other entity, Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment
shall be deemed to constitute a voluntary surrender of the adult business performer license,
and the license thereafter shall be null and void,
SECTION 6707, TIME LIMIT FOR FILING APPLICATION FOR PERMIT,
All persons required by Section 6700 et. seq, to obtain an adult business performer
license who are performing in Arcadia prior to the effective day of this Ordinance must apply
for and obtain such adult business performer license within sixty (60) days of the effective
date of this Ordinance, Failure to do so and continued performance that displays specified
anatomical areas or specified sexual activities in an adult business after such time without
a permit or license shall constitute a violation of the Arcadia Municipal Code,
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SECTION 6708, VIOLATIONS: PENALTIES,
Any licensee violating or causing the violation of any of these provisions regulating
adult business performer licenses shall be guilty of a misdemeanor, and any conviction
thereof shall be punishable by a fine of not more than one thousand dollars ($1,000,00) or
by imprisonment in the County jail for not more than six (6) months, or by both such fme and
imprisonment. Any violation of these provisions shall constitute a separate offense for each
and every day during which such violation is committed or continued.
SECTION 6709, REGULATIONS NON-EXCLUSIVE,
The provisions of this Chapter regulating adult business performer licenses are not
intended to be exclusive, and compliance therewith shall not excuse non-compliance with
any other regulations pertaining to the licensing provisions as adopted by the City Council
of the City of Arcadia; provided, however, that the provisions contained in Article VI,
Chapters 1 through 6, inclusive, of the Arcadia Municipal Code shall be deemed superseded
by these regulations in the event a business activity therein also meets the definitions
contained in this Chapter 7,
SECTION 6, CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
FINDINGS, The City Council has reviewed and considered the information contained in the
initial study and the negative declaration prepared with respect to this Ordinance, The City
Council has, as a result of its consideration, and the evidence presented at the hearings on this
matter, determined that, as required pursuant to the California Environmental Quality Act
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("CEQA") and the CEQA Guidelines, a Negative Declaration adequately addresses the
expected environmental impacts of this Ordinance, On the basis of this review, the City
Council finds that due to the provisions of this Ordinance, which establish terms and
conditions pursuant to which an adult business can be located, open and operate within the
City, there is no evidence from which it can be fairly argued that the project will have a
significant adverse effect on the environment. The City Council hereby certifies and
approves the Negative Declaration and directs that the Notice of Determination be prepared
and filed with the County Clerk of the County of Los Angeles in the manner required by law,
SECTION 7, SEVERABILITY. Should any section, subsection, clause, or provision
of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not afffect the validity or constitutionality ofthe remaining portions
of this Ordinance; it being hereby expressly declared that this Ordinance, and each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed,
approved, adopted and/or ratified respective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional including,
but not limited to, the locational and operational requirements, In the event a court of
competent jurisdiction renders a decision invalidating the permit issuance or revocation
process contained in this Ordinance, any Adult Business which operates in the City shall be
deemed to be operating under a de facto permit subject to the locational and operational
requirements contained in Sections 9279,2 and 9279,5, The de facto permit shall remain
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subject to all of the remaining provisions of the Ordinance which have not been invalidated.
SECTION 8, EFFECTIVE DATE, This Ordinance shall be effective thirty (30) days
after its adoption.
SECTION 9, That the City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of it to be published in the official newspaper of said City within fifteen
(15) days of adoption,
Passed, approved and adopted t!lis 11lth day of
Mav
,1999,
ATTEST:
Ci
APPROVED AS TO FORM:
?J:!:i'ld ~
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D, ALFORD, City Clerk of the City of Arcadia, hereby certify that the
foregoing Ordinance No, 2103 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 18th day of May, 1999 and that said Ordinance was
adopted by the folIowing vote, to wit:
A YES: Council member Harbicht, Kovacic, Marshall, Roncelli and Chandler
NOES: None
ABSENT: None
Sj
Ci
of Arcadia
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