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Home My WebLink AboutOctober 18, 2005~,.~~F ~4 MEETINGAGENDA ~a~ Arcadia City Council/Redevelopment Agency . ~ e.• . TUESDAY, OCTOBER 18, 2005 ~~.~.,.ecn° . This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any matter on the agenda, please call the office of the City Clerk at (626) 574-5455. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City:Council meeting, please contact the City Manager's office at (626) 574-5401 at least tFiree (3) business days before the meetfng or time when special servites are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. 6:00 p.m., City Council Chamber Conference Room ROLL CALL AUDIENCE PARTICIPATION -(5 minutes per person) STUDY SESSION a. CLOSED SESSION a. Status report and discussion regarding Transportation Master Plan Update and Potential Traffic Mitigation Fee Program. Co~ference with Real Property Ne9otiators (Gwemment Code Section 54956.8) Property:. 55 W. Huntington Drive 21 Morlan Place 28 W. Santa Clara Street 41 W. Huntington Drive 35 W. Huntington Drive 27 W. Huntlngton Drive 101 W. Huntington Drive 103 W, Huntington Drive Negotiating Parties - Agency Property Owner: Paul Rusnak Hann Ling Shaw (Church in Arcadia) Don and Ray Dahlgren Mrs. RobertJoliannsen/Manuel De ]esus Romero Gary and Dan Braun (35 W. Huntington Part~ers) Richard Fisher (Templekadian) Charles Frandson ]ames Dorr ` Deputy Executive Diredor and Economic Development Manager Under Negotiation - Price and terms of payment 7:00 p.m. in the Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTALINFORMATION FROM STAFF REGARDING AGENDAITEMS REPORT FROM STUDY AND/OR CLOSED SESSIONS (AS NECESSARI~ . MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WANE READING IN FULL PRESENTATIONS a. Presentation of Proclamation declaring Red Ribbon Week. b. Presentation of a Certificate of Commendation to Robert Cheung. AUDIENCE PARTICIPATION -(5 minutes per persan) REPORTS FROM ELECTED OFFICIALS 1. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the Odober 4. 2005 Reqular Meetina. Recommendatlon: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the October 4. 2005 Reaular Meetina. Recommendation: Approve c Award a three (31 vear contract to Sunaard Pentamation for financial accountlng system backuo and recoverv services not to exceed ~54.696, and approoriate $21.320 from the aeneral fund to cover first year costs. Recommendation: Approve d. Acceot all work performed by D&7 Foothill Electrical Contractors. Inc. for the construction of concrete slabs as comolete and authorize the final ~ayment to be made in accordance with the contract documenks. Recommendation: Approve e. Resolution No. 6486. recealina Resolution No. 4669 and adoptina new orocedures for adootino and amending the General Plan. Recommendation: Approve 2. CITY MANAGER a. Ordinance No. 2211. amending Sections of Arcadia Municioal Code oertaining to Adult Businesses and addinq a new Chaoter to the Arcadia Municioal Code oertaininq to Licensinq of Adult Businesses. Recom mendation : Introd uce AD]OURNMENT The City Council will adjourn this meeting in memory of Fred Asher to November 1, 2005, 6:00 p.m. in the Council Chamber Conference Room. ~.~+°°~, ANNOTATED AGENDA Arcadia City Council/Redevelopment Agency ~~~ r TUESDAY OCTOBER18.2005 . Smp.m ois=° . . . . i i ~, :., ~J L-J 1 ~ STUOY SESSION , ~ ~ ~ ~ ~ . ~ . ~ a. :~ Status report and distussion regarding Transportation Master Plan Update and Potential Traffc Mitigation Council diretted - .~~ fee Program. ~ . ~ staN to schedule ~ ~ _ ~ ~ ~ _ pubpc hearing ~ ~ regarding Vaffic - . . ~ ~ ~ ~ ~ ~ ' mitigation fee ~ ' . . program. CLOSED SESSION ~ ~ ~ , a. . Conference with Real Property NegoGators (Government Code Sec[ion 54956.8) . . NO REPORTABLE - . . ' . ~ . ACTiON ~~ ~ Property: ~ . PropertyOwner: - - 55 W. Huntington Drive .~ Paul Rusnak ~ . . - ~ ~ 21~Morlan Place . ~ Hann Ung Shaw (Church in Arcadia) ~ ~ ~ ~28 W. Santa Clara Street Don and Ray Dahlgren ~ -~ ' ~ ~ . ~ 41 W. Hunting[on Drive ~. Mrs. Robert Johannsen/Manuel De Jesus Romero ~ - ~ ~ ~ ~ , 35 W: Huntington Drive Gary and Dan Braun (35 W. Huntington PartnersJ , ~ ~ 27 W. Huntington Drive Richard Fisher (Templekadian) , ~ ~ lUl W. Hundngton Drive ~. . Charles Frandson . ~ ~ 303 W. Huntington Drive ~ James Dorr - . MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL ~ ' APPROVED - , , . .. . 5._ O . 1. CONSENTCALENDAR-ARCADIAREDEVELOPMENTAGENCY ' ~~~ a. Minufes of the October 4. 2005 Reoular Meetina. - ~~ APPROVED ~ ~ - Recommendation: Approve ' ~ . ~ ' 5 - 0 CONSENT CALENDAR - CITY COUNCIL b. ~ Minutes of the October 4. 2005 Reaular Meetina. ~ ~~ - ~ , APPROVED _ . Remmmendation: Approve ~ ~ , . ~ 5 - D c. 'Award a three~ j~)year contrac t to Sunoard Pentamation for f nancial accounGna svstem backuo and~ - ~ ~~ ~~ recoverv services not to exceed 859,696. and aoorooriate 82132~ from the general fund to tover first. APPROVED vear costs. ~ ~~ ~ ~ ~ ~ - - 5 - 0' ~ ~ Recommendation: Approve ~ . ~ . . d.- AcceDt all work oertormed bv D &] Poothill Electri[al Contractors Inc for the mnstrudion of mncrete slabs `• as comolete and authorize the fnal oavment tb 6e made in accordance with the contract~documents. . pppROVED ~ ~ ~ ~ Recommendatlon: Approve ~ ~ . ~ - ' ~ 5- 0 ~ e. Apprave APPROVED 5-0 2. LITY MANAGER . ~ a. -, Ordinance No 2211 amendina Sections of Arcadia Municipal Code oertainina to Adult Businesses and~ atldino a new Chaoter to the Arcadia Municioal Code oertaining to Licensing of Adult Businesses. , Recommendation: Introduce Council moved to continue this item to a future meeting 5-0 rr'" a~:oass ~µ.vo~. MINUTES Arcadia City Council/Redevelopment Agency ~~. , ~ + TUESDAY, OCTOBER 18, 2005 ~Y.~e .~g°° • oao 6:00 p.m., City Councll Chamber Conference Room ROLL CALL ~ PRESENT: Councll/Agency Members Chandler, Marshall, Segal, and Wuo ~ ABSENT: Coundl/Aqency MemberKovack ~ MOTION TO EXCUSE COUNCILJAGENCY MEMBER KOVACIC FROM THE MEETING ~ ~ AYES: - Councll/Agency Members Chandler, Marshall, Segal, and Wuo NOES: None AUDIENCE PARTICIPATION -(5 minutes per persan) STUDY SESSION a. CLOSED SESSION a. Kathleen Kerr, owner of 2 Wheel Tuning at 124 E. Santa Gara, appeared to notice the Countil that she is flling an appeal to a Business License vlolation. Status report and discusslon regardfng Transportation Master Plan Update and Potentlal TrafFlc Mttigadon Fee Program. ~ ~ . Don Penman, Assistant Clty Manager/Development Servi[es Director, and Phil Wray, City Engineer, presented the update to Coundl. Mr. Wray explalned fhe process by which staff IdentlFled the ma)or Impacted Intersections wlthin the City, as well as the impacts of increased hafflc throu9h the year 2030; staff recommended a proposed Traffic Mitlgatlon Fee program which wauld recover costs to mltlgate traffic at the most Impac[ed Intersectlons; a graph that Illustrated the proposed fees was shown; after discusslon, the Councll directed staff ta finalize the Transportatlon Master Plan ~and. potentlal TrafFlc Mltlgatlon Fee Program and schedule a public hearing on an upcoming Councll agenda. Conference wlth Real Property Negotlators (Government Code Sectfon 54956.8) Properly: 55 W. Huntington Drive 21 Morlan Place 28 W. Sanq Clara Street 41 W. Huntlngtan Drive 35 W. Huntington Drlve 27 W. Huntington Drive 101 W. Huntlngton Drive 103 W. Hundngtan Drlve Negotlatlng~Partles- Agency Properly Owner: Paul Rusnak - .. . Hann LJng Shaw (Church In Arcadia) Don and Ray Dahlgren Mrs. Robert Johannsen/Manuel De ]esus Romero Gary and Dan Braun (35 W. Huntington Partners) Rlchard Flsher (Templekadlan) ~ Cfiarles Frdndson ]ames Dorr ~ Deputy Executlve Directar and Economic Development Manager Under Negotlatlon - Prlce and terms of payment 10-18-OS ~ 7:00 p.m. In the Council Chamber INVOGITION Reverend Charlie Wang, Luthe2n Church of the Goss ~~ PLEDGE OF ALLEGIANCE Robert Cheung ROLL CALL PRESENT: Council{Agency Mem6ers Chandler, Kovatic, Marshall, Segal, and Wuo ABSENT: None SUPPLEMENTALINFORMATION FROM STAFF REGARDING AOENDAITEMS None REPORT FROM STUDY AND/OR CLOSED SESSIONS (AS NECESSARI~ arooss Steve Dletsch, City Attarney, reported that the Councll met In a Study Sesslon and a Closed Session as noted above; regarding the Study Sesslon, the City Councll dfrected staff to proceed with the flnallzatlon of a Transportatlon Master Plan and a Potentlal Traffic Mitlgatlon Fee Program which will be scheduled for a publlc hearing on an upcoming a9enda; there was not any reportable actlon on the Closed S~sion Item. MOTiON TO READ ALL ORDINANCES/RESOLUTIONS 8Y TITLE ONLY AND WAIVE READING IN FULL A motlon was made by Councll Member Chandler, seanded by Coundl Member Marshall, and prrled wlthout objection ta read all ordinances/resolutlons 6y tltle ony and waNe reading In full. a. Presentatlon of Prodamatlon dedaring Red Ribbon Week b. Presentatlon of a Certlflcate of Commendatlon to Robert Cheung AUDIENCE PAR7ICIPATION -(5 minutes per person) Debble Beveridae, represenUng the Hugo Reld PTA, appeared to speak about "WhaYs right wfth Arcadia's Klds". Cassi y Rev. Student Body President of Hugo Reid School, appeared to speak about the acWitles happening on campus. REPORTS FROM ELECTED OFFICIALS MARSHALL Thanked all members who partldated In tonight's Council Meeting; thanked Robert Cheung for his outspnding pcetry; noted that the Easy Voters Gulde fqr the November 8, 2005 Statewfde Speclal Electlon Is avallable at the Llbrary. SEGAL Conqratulated Robert Cheung for hls achlevements; commented that Important Issues wlll be coming before the Councll In the upcoming manths and encouraged members of the public to partJcipate In the publlc meetings. CHAIVDLER Noted that earh of the students who spoke at honight's meeting commented on our outstanding Polke Department KOVACIC Thanked all students who partldpated In tonighYs meeting. WUO Thanked Robert Cheung for his reading at tonighYs meetlng; reminded everyone to drive carefulty during Inclement weather and around schools. 1. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Min~~+a= of the October 4 2005 Reaular Meetina. Recommendatlon: Approve 2 10-18-05 ~: . CONSENT CALENDAR - CITY COUNCIL ar.oos~ b. Minutes of the Odober 4 2005 Reoular Meetino RecommendaGon: Approve ' ~ ~, awa r~ tnma r3i a rnnrrart to 5unaa Pentamatlon for flnancfal aaountino svstem backup and r~~ ~ ~ s not to exceed ~54 696 and aooroorlate 321 320 from the aeneral fund to cover first . a ~ Recommendatlon: Approve - ~ ~ ~ ~ . d. Acceot all work pertormed bv D&] Foothill Electrical Contractors Inc for the tonstructlon of mncrete slabs as complete and autharize the flnal payment to be made In accordance with the ~ntract Recommendation: Apprave e. Re~lutlon No 6466 a Resolutlon of the Citv Council of the CI(y of Arcadia California re eo alina Motion A motion was made by Agency/Councll Member Chandler, seconded by Agency/Countfl Member Marshall, to approve Items i. a through 1 d. on the Consent Calendars. Roll Call Ayes: Councll/Agency Member Chandler, Marshall, Kovacic, Segal, and Wuo ~ ~ Noes: ~ None 2. CITY MANAGER - ~ a. Ordinance No 22~11 ~~amending,,Sectlons of Arcadia Municloal Code pertaininq to Adult 8usinesses and ~ addinn a nPw Chaoter to the Arcadla Municioal Code oertafning to Licensing q~ Adult Busfnesses. Recommendatlon: Introduce Mr. Kelly noted that staff recelved suggested changes from the Gty's special counsel regarding this praposed Ordinance and requested that the Councll continue this Item to a future agenda to allow staff and special counsel addltional time for analysls and revlew. Motlon A motlon was made by Councll Member Chandler, seconded by Councll Member Kovaclc, and carrled on roll call vote to mntlnue thls matter to a future agenda. ~ Roll Call Ayes: Council/Agency Member Chandler, Kovacic, Marshall, Segal, and Wuo Noes: None AD70URNMENT The Gty Councll adjourned this meeting at 7:40 p.m. to November 1, 2005, 6:00 p.m. In the Councll Chamber Conference Room. James H. Barrows, Clty Clerk V~~~ ~: Vida Tolman . Chief Deputy Clty Clerk/Records Manager 3 10-1 &05 ~~ ARC9D \ ~ STAFF REPORT DATE: October 18, 2005 Administrative Services Department TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directdl~J Prepared by: John R. Cuevas, Financial Services Manager/City Treasurer ~ SUBJECT: Award a three (3) vear contract to Sungard Rentamation for financial accountinq svstem backuq and recovery services not to exceed $54,696, and appropriate $21 320 from the qeneral fund to cover first vear costs. Recommendation: Approve SUMMARY Presently, the City backs up its financial accounting system data every evening and stores that backup at other City buildings separate and apart from the network server computers that house the actual working data. A system that provides secure data storage at a more remote location, which also allows the financial. accounting system to be quickly and fully up and running in the event of a local or regional disaster, is highly desirable - and recommended by the Gity's auditors, Caporicci and Larson. As such, staff recommends that the City Council approve an agreement with Sungard Pentamation for remote backuploperation services. DISCUSSION Standards for backing-up and securing computer network data require, at a minimum, that system data be backed-up on a daily basis and securely stored at a separate location. Ideally this separate location would be a separate building some distance from where network server computers are located. The farther tfie distance, the greater the likelihood that such backups would remain unharmed and available for restoration in the event of a local disaster that otherwise destroys computer network data and/or equipment. Currently, the City secures its financial accounting system data as described above. Assuming that such backups survived a disaster that otherwise destroyed the financial accounting system computer network data and/or equipment, such backups could be used to restore the financial accounting,system data and history to its pre-disaster condition. Potential challenges in restoring a functional financial accounting system in such a scenario include: Mayor and City Council October 18, 2005 Page 2 . Ability to quickly repair, purchase (or borrow) suitable equipment . Availability of staff impacted by such a disaster to affecf such repairs/purchases • Physical survival of data storage media at its remote location . Vagaries in system backup quality affecting the ability to fully restore all data Events over the last few years, and more recently with the advent of Hurricanes Katrina and Rita, have highlighted the need for more robust data backup and recovery systems. This is especially true for "mission critical" systems affecting payroll, purchasing, and revenue collection. Some companies and agencies without such robust backup and recovery systems have ceased to operate, right when the need was greatest. Thus, for the first time, our auditors are calling out the need for a more robust method ofi not only securing and validating financial system data, but also for all but insuring rapid recovery and continuity of vital financial system functionality. The City's financial accounting system provider, Sungard Pentamation, uniquely offers just such a robust system/service for its own financial accounting system customers. The system/service operates asfollows - On a daifv basis . A financial accounting system backup is performed. . Backup data is encrypted to safeguard confidential information. . Data is transmitted over the Internet to Sungard Pentamation offices in Pennsylvania . Transmissions are tested for quality and ability to affect a full restore of data. In the event of a disaster: e The most recent City of Arcadia backup would be loaded onto Sungard Pentamation computer network equipment in Pennsylvania. • City employees would remotely operate the Sungard Pentamation financial accounting system via lnternet connection, effectively operating as if local City equipment were still available. • City printers connected to Intemet PCs would be able to print checks, reports, and otherfinancial accounting system documents: Once a vear. . A test would be performed where, for one day, City data was loaded onto Sungard Pentamation computers and operated remotely to insure that the service operates as designed. The City would continue to perform and store its own backups on removable media, every day, as an additional measure of security. Mayor and City Council October 18, 2005 Page 3 FISCAL IMPACT FY 2005-2006: $21,320" ($12,480 setup; plus, $1105 per month Nov. - June) FY 2006 2007: 13,791 (max 6% increase at 1yr anniversary per agreement) FY 2007-2008: 14,618 (max 6% increase at 1yr anniversary per agreement) FY 2008-2009: 4,967 (July - October) TOTAL: $54,696 ADDITIONAL: $ 1,560 Per disaster incident 780 Per disaster incident day These monies were not included in the FY 2005-2006 budget and as such would require a general fund appropriation of $21,320 as part of the City Council's action authorizing staff to proceed in the current fiscal year. Any disaster incidents would require additional appropriation, accordingly: RECOMMENDATION It is recommended that the City Council Award a three (3) year contract to Sungard Pentamation, as sole source, for financial accounting system backup and recovery services not to exceed $54,696, and appropriate $21,320 from the generai fund for the current fiscal year to cover first year costs. Approved: ~~ William R. Kelly, City Manager TLH:JRC: \ /. October 18, 2005 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ Prepared by: Rafael Fajardo, Assistant Engineer~r _ SUBJECT: Acceptance - Concrete work for the PCC Slabs Construction Proiect Recommendation: Accept all work performed by D&J Foothill Electrical Contractors, Inc. for the construction of concrete slabs as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On July 5, 2005, the City Council awarded a contract to D&J Foothill Electrical Contractors, Inc. in the amount of $51,153.00 for the construction of concrete slabs adjacent to the temporary Fire Station home and at the Orange Grove water facility for the relocation of the fire suppression staff. There was one (1) change order in the amount of $5,400.00. The terms and conditions of this project have been complied with and the required work has been performed to staffs satisfaction for a final cost of $56,553.00. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND Construction of the concrete work at the Arcadia Presbyterian Church on Alice Street for the temporary Fire Station 105 relocation commenced on September 6, 2005. A budget for the new Fire Station 1~5 was approved in the 2005-2006 Capital Improvement Program. Staff prepared plans and specifications and opened bids on June 16, 2005. There were four bidders with D&J Foothill Electrical Contractors, Inc. being the low bidder. On July 5, 2005, the City Council awarded the contract to D&J Foothill Electrical Contractors, Inc. in the amount of $51,153.00. DISCUSSION The contractor for the project, D&J Foothill Electrical Contractors, Inc., had thirty calendar days to complete construction of the project. The project is now complete and the Notice of Completion can be filed with the County Recorders Office and staff is recommending that the City Council authorize that this document be filed. D&J Foothill Electrical Contractors, Inc. was awarded the construction contract on July 5, 2005 for the construction of concrete slabs adjacent to the temporary Fire Station home and at the Orange Grove water facility for the relocation of the fire suppression staff. D&J Foothill Electrical Contractors, Inc: submitted the lowest of four bids submitted, at $51,153. Construction commenced on September 6, 2005 and progressed on schedule with the work being completed on September 12, 2005. There was one change order for $5,400 for additional concrete work. When a project is completed, a Notice of Completion is filed with the County Recorder's Office. Once the document is filed, the retention to the contractor can be released after 35 days subject to any claims or subcontractor stop notices against D&J Foothill Electrical Contractors, Inc. related to this project. The City retains 10% of all payments to the contractor during the course of construction and releases the retention after the Notice of Completion has been filed, again subject to any claims or disputes. If claims have been filed, certain elements of the job have not been completed, or there are disputes between the contractor and the City over portions of the work, the City can withhold portions of the final payment to the contractor from the retention. As a matter of information, the retention in this case is about $5,655.30. BUDGET As part of the FY2005-06 Capital Improvement Budget, $5.92 million ($350,000 - Redevelopment Funds and $5,570,000 - Capital Outlay Funds) was approved for the construction of Fire Station 105. This included the cost to construct the building, architectural and engineering fees and relocation costs. RECOMMENDATION Accept all work performed by D&J Foothill Electrical Contractors, Inc. for the PCC Slabs Construction Project as complete. Authorize the final payment to be made in accordance with the contract documents, subject to a retention of $5,655.30. Approved: '^"' '""'"1 William R. Kelly, City Manager c4~ ~ `"°°RP~B.=~p~~°°' STAFF REPORT Development Services Department October 18. 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment S ~ s Director rd"D Donna Butler, Community Development Administrator By: Corkran W. Nicholson, Planning Services Manager SUBJECT: RESOWTION NO. 6486: A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF ARCADIA, CALIFORNIA, REPEALING RESOLUTION NO. 4669 AND ADOPTING NEW PROCEDURES FOR ADOPTING AND AMENDING THE GENERALPLAN RECOMMENDATION: ADOPT SUMMARY The current General Plan Resolution No. 4669 was adopted approximately 28 years ago, and in staff's opinion should be updated to provide more effective General Plan procedures. Therefore, under the advisement of the City's legal counsel, the Developmen4 Services Department is recommending the adoption of Resolution No. 6468 to update the procedures for adopting and amending the City's General Plan. The subject resolution sets forth seyeral new procedures that the following summarizes: SECTION 3. Concurrent Aaplications. If adopted, this section would allow applications for General Plan and Zone changes, as well as any associated applications (i.e., subdivision maps, conditional use permits; variances, etc) to be processed concurrently. Staff believes that it would be beneficial to the City Council, Planning Commission as well as the public to evaluate such applications concurrently for two reasons: first, more initial information would be provided along with the consideration of an associated application that would further clarify the need for the proposed amendment; and second, it would expedite the process. Currently, a two-week period of time is required between the adoption or amendment of the. General Plan and a rezoning proposal for consistency purposes. Other associated applications, as mentioned above, are not addressed in Resolution No. 4669 (copy attached). Resolution No. 6486 October 18, 2005 Page 1 • SECTION 5. Planninn Commission Recommendation Procedure. Subsectiom "e" allows the recommendation for approval or denial of a General Plan amendment or.adoption by the Rlanning Commission to be by minute order or motion that is carried by the majority vote. Currently,'such a recommendation is conveyed by resolution. ~ SECTION 8. Environmental Determination. Section 8 sets forth the environmental determination that the adoption of procedures for adopting and amending the General Plan is not considered to be a"projecY' subject to the requirements of CEQA. Currently, Resolution No. 4669 does not set focth such a determination. DISCUSSION Staff has prepared Resolution No: 6486 (copy attached) to. uPdate our current procedures for adopting and amending the General Plan. ENVIRONMENTAL ANALYSIS The adoption of procedures for adopting and amending the General Plan is not considered to be a"project" subject to the requirements of CEQA because it is an organizational or administrative activity of government which is political and which will not cause a direct or reasonably foreseeable indirect change in the environment as set forth in Public Resources Code Section 21083 and Section 15378 of the State CEQA Guidelines. RECOMMENDATION That the City Council adopt Resolution No. 6486, a Resolution` of the City Council of the City of Arcadia, California, Repealing Resolution No. 4669 and adopting new procedures for adopting and amending the General Plan. Approved by: ww ~ = William R. Kelly, City Manager Attachments: Resolutions 6486 and 4669 Resolution No. 6486 October`18, 2005 Page 2 RESOLUTION NO. 6486 A RESOLUTION OF THE CITY COUNCIL OF TI~ CITY OF ARCADIA, CALIFOI2NIA, REPEALING RESOLUTION NO. 4669 AND ADOPTING NEW PROCEDURES FOR ADOPTING AND AMENDING THE GENERAL PLAN. THE CITY COLINCIL OF THE CITY OF ARCADIA, CALIFORNIA, ` DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. ExistinQ Polices and Procedures. Resolution No. 4669 is hereby repealed in its entirety. Any existing policies, procedures, or regularions in conflict with the provisions of this resolurion are hereby repealed in their entirety and are hereby replaced with the procedures of this Resolurion. The General Plan shall only be adopted or amended in the maimer provided in this Resolurion. The term General Plan as used in this Resolurion shall include the City of Arcadia General Plan or any part or element thereof or any amendment to such plan or any part or element thereof. SECTION 2. Initiation of Proceedines. The iniriation for amending or adopting the General Plan shall be as follows: a. The Planning Commission may recommend to the City Council an amendment or the City Council, upon its own morion, may initiate proceedings to amend the General Plan. b. Any interested person (who has a legal or equitable interest in the property) may file an application for an amendment to the General Plan. 1 6486 c. Before accepting for filing any application for an amendment to the General Plan, the City sha11, for the purpose of defraying the expenditures incidental to the proceedings described herein, charge and collect a fee as may be set from rime to time by resolurion of the City Council. d. Applications shall be in a form and content approved by, and application forms shall be obtained by the applicant from and when completed submitted to, the Development Services Departmerit/Community Development Division. SECTION 3. Concurrent A~plications. Applicarions for General Plan and zone changes, as well as any associated applications (i.e. subdivision maps, conditional use pernuts, variances, etc) may be processed concurrently. The effective date of the zone change (or other application that must be consistent with the Genera Plan or zoning, as applicable) shall not occur until such time as the General Plan or zone change, as applicable, has become effective. SECTION 4. Subsequent Environmental Analvsis. All proposed changes in the General Plan shall be evaluated under the local environmental guidelines and the California Environmental Quality Act (CEQA) State and local guidelines. SECTION 5. Planning Commission Recommendarion Procedure: a. The Planning Commission sha11 hold at least one public hearing before recommending approval of a General Plan amendment or adoption. Z 6486 ` b. Norice of the time and place of the hearing shall be given at least ten (10) calendar days before the hearing: The notice shall be published at least once in a newspaper of general circulation within the City. c. In addirion to notice by publication in the newspaper of general circularion, the City may, but is not required to, give notice of the hearing in such other matmer as it may deem necessary or desirable. d. Any hearing may be continued from time to time. e. The recommendation by the Planning Commission for approval or denial of a General Plan amendment or adoption shall be by minute order or motion carried by the affirmative votes of not less than a majority of its total voting members. f. The Planning Commission shall transmit its recommendation for approval of a General Plan amendment or adoption to the City Council. SECTION 6. Citv Council Adoption Procedure: a. Befare adopting or amending a General Plan, the City Council shall hold at least one public hearing. b. Norice of the time and place of the hearing shall be given in the same time and manner provided for the giving of notice of the hearing by the Planning Commission. 3 6486 a In addition to notice by publication in the newspaper of general circulation, the City may, but is not required to, give notice of the hearing in such other manner as it may deem necessary or desirable. d. Any hearing may be continued from time to time. . e. In adopting or amending a General Plan that has been recommended for approval by the Planning Commission, the City Council may make any changes or additions without referring the General Plan or amendment back to the Planning Commission. However, at its discretion, the City Council may refer the proposed General Plan change back to the Planning Commission. f. The adoption or amendment of the General Plan shall be by resolution of the City Council. SECTION 7. Environmental Determination. The adoprion of procedures for adopting and amending the General Plan is not considered to be a"projecY' subject to the requirements of CEQA because it is an organizarional or administrative activity of government which is polirical and which will not cause a direct or reasonably foreseeable indirect change in the environment as set forth in Public Resources Code Secrion 21083 and Section 15378 of the State CEQA Guidelines. SECTION 8. Apulication Forms. The Development Services Director is directed to' prepare and adopt such applicarion forms, checklists and other q 6486 documents; as he/she considers necessary to implement the foregoing procedures and requirements. SECTION 9. Effective Date/Certificarion. This Resolution sha11 become effective immediately upon its adoprion. The City Clerk shall certify to the adoprion of this Resolution. Passed, approved and adopted this lsth day of o~cober ; 2005. ~S/ JOF~N ~V~JO Mayor of the City of Arcadia ATTEST: A~~1 ~~~~5 Ha r~ ~~Y~'"~~ City Clerk APPROVED AS TO FORM: ~~~~. ~. 1~~e~~ City Attorney 5 6486 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6486 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 October, 2005 and that said Resolution was adopted by the following vote, to wit: AYES: Gouncil Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ~ a1~CY4~~ ~s Pdb~~~~~~~ City Clerk of the City of Arcadia 6 ' ~~~ww.ry . , . e ''•••~ •~A°'' MEMORANDLJNI Office of the City Attorney DATE: October 18, 2005 TO: MAYOR AND CITY COUNCII, FROM: STEPHEN P. DEITSCH, CITY ATTORNEY ~f "~n~,vt ~ J~'~~~ SUBJECT:ORDINANCE NO. 2211, AMENDING SECTIONS OF TI~ ARCADIA MUNICIPAL CODE PERTAINING TO ADULT : BUSINESSES AND ADDING A NEW CHAPTER TO THE ARCADIA MUNICIPAL CODE PERTAINING TO THE LICENSING OF ADULT BUSINESSES Recommendation: Introduce SUMMARY: It is recommended that the City Council introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code pertaining to adult businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the licensing of adult businesses. DISCUSSION: The City's exisring adult business regularions are contained in the "Division and Use of Land" provisions of Article IX, Chapter 2, Part 7, Division 9 of the Arcadia Municipal Code. The regulations include both licensing requirements as well as aduit business zoning and locational requirements. As it is currently structured, any amendment to the City's existing adult business regulations will require a public hearing since California law requires that local governments hold public hearings prior to any land-use and planning amendments. The proposed amendments will reorganize the existing adult business regulations by deleting certain sections pertaining to adult business licensing from Article IX, Chapter 2 and moving them to the `Businesses, Profe,ssions, Trades; and Occuparions" provisions of Article VI, Chapter 8 of the Arcadia Municipal Code. This will not ~~;~4~c~,~Cc~.~-J `l~ only move such sections to a more appropriate locarion; but will allow the City Council to amend such sections in,the future without a public hearing. Moreover, tHe proposed amendments are intended to update the City's adult regulations so they continue to meet the constitutional requirements established by the courts and to protect the City from the potential adverse s'econdary effects that may be caused by having an adult business located inappropriately in the City. Courts have held that adult"businesses provide a forum for protected speech and expression. Although ciries cannot ban them entirely from their jurisdiction, they may regulate such businesses to address any adverse secondary effects that they may create including crime, the spread of sexually transmitted`•diseases and blighting effects., In fact, the United States Supreme Court in a number of decisions has repeatedly upheld the use of secondary effect studies to justify content-neutral regulations aimed-at addressing the.adverse secondary effects. Studies documenting the adverse secondary effects upon which the City's regularions are based are summarized in the proposed ordinance, and incorporated herein by reference. Staff has prepared the attached ordinance for consideration and introduction by the City Council. Ordinance No. 2211 includes the following changes to the existing adult business regulations: 1) Adds several findings that cite to studies upon which the City's regulations are based and references case law as a means to document additional secondary effects. 2) Adds certain requirements to obtain an adult business regulatory permit. " 3) Eliminates appeals to the City Council by making decisions of the Business License Review Board finaL 4) Requires a security guard to be on duty on adult business premises at all times:'` , ' 5) Adds unrated materials that are characterized by an emphasis on depicting or describing =specif ed saxual , activiries to the list of materials that are restricted to minors. 2 FISCAL IMPACT: There is no anticipated fiscal impact to the City in regard to the City Council's action on this item. RECOMMENDATION Introduce Ordinance No. 2211 amending sections of the Arcadia Municipal Code pertaining to adult businesses and adding a new chapter to the Arcadia Municipal Code pertaining to the •licensing of adult businesses. APPROVED: ~~~ William R. Kelly City Manager Attachment 3 ORDINANCE NO. 2211 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORIVIA, AMENDING SECTIONS 9279.1, and 9279.3 THROUGH 9279.16 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES, DELETING ALL OR PORTIONS OF SECTIONS 9279.1 and 9279.3 THROUGH 9279.14, AND ADDING A NEW CHAPTER TO TI~ ARCADIA. MUI~IICIPAL CODE PERTAINING TO LICENSING OF ADULT BUSINESSES THE CITY COUNCIL OF THE CITY OE ARCADIA, CAI.IFORNIA, DOES ORDAIN AS FOLLOWSi . SECTION 1. FINDINGS. The City Council of the City of Arcadia hereby finds, determines, and declazes that: A. The City Council finds that it is necessary and appropriate to amend Article IX, Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Municipal Code by amending the provisions as they relate to required distance between adult businesses and deleting certain pmvisions that will be added to a new chapter, located at Article VI, Chapter 8, and entitled "Adult Business License." The public health, safety and welfare of the City of Arcadia and its residents require the enactment of this Ordinance in order to: (1) mirigate and reduce the judicially recognized potential adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of adult businesses; and (3) protect the peace, welfaze and privacy of persons who own, operate and/or patronize adult businesses. B, The City Council, in adopting this Ordinance, takas legislative notice of the existence and content of the following studies concerning the adverse secondary effects of adult businesses imother cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington, Department of Construction and Land Use (1989); Ausdn, Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana, Departmentof Metropolitan Development (1984); Houston, Texas, City Council Report (1983 and 1997); Beaumont, Texas (1982); Minnesota Crime Prevention Center, Inc., Minneapolis (1980); Phoenix, Arizona (1979); Los Angeles, California, Department of City Planning (1977); Amarillo, Texas, Plamiing Depamnent (1977); and Cleveland, Ohio (1977); New York, New York (1994); Newport News, Virginia (1996); Times Square, New York City (1994); Whittier, Califomia (1978); Adams County, Colorado (1990); Dallas, Texas (1997) and El Paso, Texas (1986). The studies and their summaries aze available for public review in the City Clerk's office. The City Council finds that these studies are relevant to the problems addressed by the City in enacdng this Ordinance to regulate the adverse secondary effects of adult businesses and more specifically finds that these studies provide convincing evidence that: _ri ' . L There is substandal evidence that an increase in crime tends to accompany; concentrate azound, and be aggravated by adult businesses, including but not limited to an increase in the crnnes of nazcotics distribution and use, pros6tu6on, pandering, and violence against persons and property. The studies from other cities establish by convincing . evidence that adult businesses Chat are not regulated as to operating standazds often have a deleterious effect on nearby businesses and residential azeas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. 2. Regulations fbr adult businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather that waiting for problems to be created. C. Tn developing this Ordinance, the City Gouncil is mindful of legal principles relating to regulation of adult businesses, and the City Council does not intend to suppress or infringe upon any expressive activities protected by the First Amendment of the United States and California Constitutions but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult businesses. The City Council has, considered decisions of the United States Supreme Court regazding local regulation of adult businesses, including but not limited to: City of Los Angeles v. Alameda Books, 122 5.Ct. 1728 (2002); Ciry ofErie v: Pap'sA.M. ("Kandy[and'), 529 U.S. 277, 120,S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of the United Stated Court of Appeals for the Ninth Circuit, including but not lnnited to: Gammoh v. City ofLd Habra (9th Cir. 2005) 395 F3d 1114; World Wide Video of Washington, Inc. v. Cafy of Spokane, 2004 WL 1171686 (9~';Cir.(May 2004)); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. Ciry of San Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. Ciry.of Simi Yalley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City ofLong Beach, 217 F3d 1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Alameda Bo`oks v. City ofLos Angeles, 222 F3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Yegas ("Baby Tam I'), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City ofLas Yegas (`Baby Tam 77'), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City ofLas Yegas (`Baby Tam III`), 247 F3d 1003 (9tYt Cir. 2001); 4805 Convoy, Inc. v. City ofSan Diego, 183 F3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City ofLos Angeles, 989 F.2d 1524 (9th Cir. 1993), cert. denied S11 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053 (2000); several Califomia cases, including but not limited to: Tily B., Inc. v. City of Newport Beach, 69 Ca1.App.4th 1(1998); City ofNational City v. Wiener, 3 Ca1.4th 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Ca13d 14 (1989); Department ofAlcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California ("Vicary ) 99 Ca1.App.4th 880 (2002); and Ciry of VaIlejo v. Adult Books, 167 Ca1:App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other federal cases, including but not limited toc Hang On, Inc. v. CityofArlington, 65 F.3d 1248 (Sth Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F3d 123 (3rd Cir. 1993); Lakeland Lounge v. City ofJaclcsonville, 973 F.2d 1255 (Sth Cir. 1992), cert. denied 507 U.S. -2- 103Q(1993); International Eateries v. Broward Counry, 941 F.2d 1157 (llth Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (Sth Cir. 1986). Copies of the decisions are available for public review in the City Clerk's office. D. The City Council further fin@s the following; based in part npon its understanding of the documents, including but not lnnited to documents describing the experiences of Arcadia, the declazations of police officers in other jurisdictions setting forth their experiences, and judicial decisions in the public rewrd: L Evidence indicates that some dancers, models, entertainers, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in adult businesses (collectively refened to as "performers".) haue been found w engage in sexual activities with patrons of adult businesses on the site of the adult business. 2. Evidence has demonstrated that performers empioyed 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 pafroris of flie establishment. . 4. Evidence indicates that fully enclosed booths, individual viewing azeas, and other small rooms whose interiors cannot be seen from public azeas of the establishment regularly have been found to be used as locations for engaging in unlawful sexnal activity. . 5. As aresult of the above, and the increase in incidences of HIV, AIDS, hepatitis B, and hepadtis C which are sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of pros6tution and unlawful sex acts at adult businesses in order to protect the health, safety, and well-being of its citizens. The City finds this is relevant to the experience of Arcadia and the need to regulate the secondary effects of adult businesses within tfie community. 6. The public fiealth, safety, welfaze, and moials of all persons in the City must be piotected by the`establishment of standazds to diminish the possibility of infection of contagious diseases. - E. The City Council is cognizant of the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes legislative notice that accoiding to statistics provided by the Los Angeles County Health Department, in 1998. 1,624 cases of AIDS were diagnosed in Los Angeles County and 184' AIDS-related deaths were reported: According to the most recent statisdcs available for 1999, 464 cases of AIDS were diagnosed in I,os Angeles County between January 1, 1999 and June 30, 1999, and 42 AIDS- related deaths were reported for that same period: Further, the City Council takes legislarive notice of the County of Orange Communicable Disease Sununary 1998, County of Orange Health Caze Agency, issued January 2000 ("Coinmunicable Disease Summar}~'). The Communicable Disease Summary sfateathat 5,149 cases ofAIDS were reported in Orange -3- County between 1982 and 1998. In 1998, 305 cases of AIDS: were reported in Orange County, an 8% inorease over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents of Orange County were living with AIDS, over double the number six yeazs prior. As. of December 2000, an estimated 5,700 Orange County residents were living with HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July 31, 2001 by the County of San Diego Health and Human Services Agency, Division of AIDS and Community Epidemiology ("AIDS Surveillance Report'~ and the report entitled San Diego County HIV/AIDS Status dated June 2000, also by the County of San Diego Health and Human Services Agency ("AIDS Status Report"). According to the AIDS Surveillance Report, 10,876 AIDS cases were reported throughout the County since .1981 through July 2001, 150 of which were reported in 2001 and 420 of which were reported in 2000. F. The City is also concerned with preventing the spread of other sexually transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C. The Communicable Disease Summary fiuther indicates that between 1994 and 1998, 211 cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases of chlamydia were reported in the County. The City also takes legislatiye nodce of the STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency ("STD Fact Sheet")' and the Sexually Transmitted Diseases Annual Summary> San Diego County, 1993-1994, by the, Sexually Transmitted Disease Control Program, dated December 1995 ("STD Annuai Swnmar~'). According to the STD•Fact Sheet and STD Annual Sunmiary, 1109 cases of syphilis were reported throughout the County between 1990 and 2000, 27 of which were reported in 2000. With respect to gonorrhea, 27,890 cases of gononhea were reported between 1990 and 2000, 1797 of which were reported in 2000. The number of cases of chlamydia reported within the County dramatically exceeds the number of reported cases of syphilis and . gonorrhea: 74,079 cases were reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be noted that according to the AIDS Sta,tus Report, numemus studies have shown that sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the. transmission of HIV. The City Council has a reasonable basis to believe that the experiences of Los Angeles County, orange County and San Diego County as to these sexually transmitted or blood bome diseases aze relevant to the experiences of Arcadia. G. The City Council has also determined that liVe entertainment facilities with or without the service of alcohol bring deleterious secondary effects into the community and it is necessary to proteot the health, safety, and general welfare of the citizens of the City of .Arcadia. In addition to the findings in studies conducted in other cities regazding increases in crime rates and blighting of azeas in which such businesses aze located, the City Council also takes legislative notice of the facts;ecited in the case of Kev, Inc., v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City ofKent, 163 F.3d 545 (9th Cir. 1998); and Tily B. v. City of Newport Beach (1999) 69 Ca1.App.4th 1, regarding how live adult entertainment facilities result in secondary effects such as prostitution, drug dealing, and other law enforcement problems. The City has a reasonable basis to conclude that these secondary effects are in play for live entertainment facilities which do not serve alcohol which aze many times referred to as "nude juice bazs" but in most cases provide totally nude dancers on a raised center stage and offer some -4- type of off stage activity. It is important to note that the same dancers who perform on stage totally nude then add a minimal amount of clothing and move immediately off stage in most cases offering some type of off stage faze typically referred to as lap dances. The City has relied on information from police officers from its jurisdiction as well as information as to the experiences of sister cominunities to support its finding that live entertainment facilities have increased crime, including drug related acrivities, all of which place an added burden on the resources of the City's police deparhnent. , H. The City also takes legislative note of the number of courts that have upheld distance limitarions between petformcrs and pat~ons; prohibitions against physical contact between performers and patrons, and precluded direct exchange of monies between performers and patrons at adult businesses that provide live entertainment, including, based on the presence of secondary effects including, but noYlnnited to: Gammoh v: City ofLa Habra (9~` Cir. 2005) 395 F.3d 1114; Tily B. v. City of Newport Beach (1999) 69 Ca1.App:4th 1; Colacurcio v. City of, Kent, 163 F3d 545 (9th Cir. 1998); BSA, Inc. v. King County, 804.F.2d 1104, 1110-11 (9th Cir. 1986); Kev, Inc. v. Kitskp County, 793 F.2d 1053 (9th Cir..1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E.D: Tenn. 1995); Parker v. Whi~eld County, 463 S.E.2d 116 (Ga. 1995); and Hang On,`Inc. v. City ofArlington, 65 F.3d 1248 (Sth Cir. 1995). The City Council find that a 6 foot sepazation is appropriate for reasons which include, but are not limited to: the fact that 6 feet is approximately the distance of two outstretched azms; and it also assists in enforcing the prohibitions against physical contact and prevents the transmission of illegal drugs. The City council fiuther finds that off-stage performances have always been permitted within the City so long as such off-stage performances.aze perforn-ed no closer than within 6 feet of a patron. ' I. The City Council recognizes the possible hannful effects on children and minors exposed to the effects' of adult businesses and recognizes the need to enact regulations which will minimize and/or elimniate such exposure. The City Council takes legislative notice of the Penal Code provisions authorizing local govemments to iegulate matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further takes legislatiPe notice of the cases that recognize that protection of minors from sexually explicit materials is a compelling government interest, including Crawford v. Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Ca1.App.4th 1075 (1995). J. While the City Council desires to protect the rights conferred by the United States Constitution to adult businasses, it desires to do so in a manner that ensures the continued and orderly use and development of property within the City and diminishes, to the greatest extent feasible, those undesirable adverse secondary effects which the above mentioned studies have shown to be assooiated with the'operation of adult businesses. K. Locational limits on adult facilities are a legitimate and reasonable means of reducing adult businesses' secondary effects and helping to assure that such businesses comply with reasonable regulations to minimize and control pmblems associated with sucli businesses and thereby protect the health; safety, and welfare of Arcadia residents, protect citizens &om increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, and deter the spread of urban blight. The -5- requirements contained in this Ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the City of Arcadia. ~ L. The City Council, in adopting operational standazds, recognizes that these standards do not preclude reasonable alternative avenues of communication. For example, the closing hours requirement means that adult businesses are free to operate seven (7) days a week for sixteen (16) hours per day. The City Council takes note of the proliferation of adult material on the Intemet, satellite television, direct television, CDs, DVDs, and that these varions media provide altemative avenues of communication. The City Council also considers and relies on published decisions examining the proliferarion of communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844, 117 S.Ct. 2329, 138 L.Ed.2d 874 (1997) [the principle channel through which many Americans now transmit and receive sexually explicit communication is the Intemet]; Anheuser-Busch v. Schmoke, 101 F3d 325, 329 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboazds acknowledging that the Intemet is one available channel of coinmunicarion]; U.S. v. Hockings, 129 F3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the Intemet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a virtually unlunited additional source of adult oriented sexual materials available to interested persons in every community with a mere keystroke. An adult business no longer has to be physically located in a City to be available in the community. M. Zoning, licensing or regulatory pernuts, along with operating standazds are a legitimate and reasonable means of ensuring that adult businesses are located in places and conducted in a manner so as to minimize their adverse secondary effects and to help assure that such operators, businesses, licensees and permittees comply with reasonable regulations related to such requirements to minimize and control problems associated with such businesses and thereby protect the health, safety, and welfaze of Arcadia residents, protect citizens from increased crime, preserve the quality of life, preserve properiy values and the chazacter of surrounding neighborhoods and businesses, and deter the spread of urban blight. N. The requirements contained in this Ordinance concerning distance between adult businesses and orher provisions do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in Arcadia, and a sufficient and reasonable number of alternative locations for adult businesses aze provided by the City of Arcadia. The City Council takes legislative notice of the United States Supreme Court decision in Renton that requires the City provide adult businesses a reasonable opportunity to open and operate. The City Council also takes legislative notice of the Ninth CircuiYs decision in Topanga Press, Lim v. City of Long. Beach; Isbell v. City of San Diego; and World Wide Video v. City of Spokane with respect to auailability of sites for adult businesses and finds that there are sufficient sites auailable for adult businesses within the City. O. It is not the intent of the City Council of the City of Arcadia in enacting this Ordinance or any provision here of to condone or legitimize the distribution of obscene material, and the City and its Council recognize that State law pmhibits the dishibution of obscene -6- materials and expect and encourage law enforcement officials to enforce State obscenity statutes against such illegal activities in Arcadia. P. The City Council does not intend to regulate in any area preempted by California law; including but not lunited to, regulationpf obscene speech, nar is it the intent of the City Council to preempt regulations of the State Department of Alcoholic Beverage Control ("ABC"). Q. Nothing in this Ordinance is intended to authorize, legalize, or pernrit the establishment, operation, or maintenance of any business, building; or use which violates any City ordinance or any statute of the State of Califomia regazding public nuisances, unlawfui or indecent exposure, sexual conduct, lewdness, obscene ar harmful matter, or the exhibition or public display thereof. SECTION 1. Chapter 2, Article XI of the Arcadia Municipal Code is hereby. amended by deleting Sections 9127.9 and 9279.4 through 9279.14 of Chapter 2, Article XI and relocating them to Chapter 8, Article VI of the Arcadia Municipal Code, with renumbered sections. SECTION-2. A new Section 9279.1 is hereby added to Chapter 2, Article XI of the , Arcadia Municipal Code to read in its entirety as follows: "9279.1. DEFINITIONS The defuu6ons contained in the Arcadia Municipal Code, specifically those found in Chapter 8, Article VI sha11 govem for purposes of this chapter." SECTION 3. Section 9279.3 of Chapter 2; Article XI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "92793. PERMIT REQUIItEMENTS A. All adult businesses that meet the zoning and• location requirements set forth in trus Division aze also subject to the adult business regulatory permit raquirements of this Section as well as all other applicable ordinances of the City and laws of the State of Califomia. B: Applications mnst be complete and accompanied by the following: _, 1: Two (2) sets of preliminary site plans;drawn to scale and,clearly dimensioned which include but aze not limited by the following: a) Scale and north arrow. b) Street addresses of lot or lots to be included as part of the adult entertainment business. c) Size of lots accurately dimensioned. d) Locafion and size, of all existing and proposed structures. e) Location and size of all existing and proposed pazking stalls. -7- ~ I:ocarion of all landscaped azea. g) Location of trash area(s). h) Location of proposed exterior lighting system as required by Section 6805 of Chapter 8, Article VL 2. Two (2) sets of preliminary floor plans drawn to scale including square footage and claazly dimensioned showing the interior configuration of the premises and showing compliance with the performance standazds set forth in the Ordinance codified in this Division. Aradius map(s) illustrating: a) The distance from any other adult business measured between the neazest 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, pazk, recrearion azea; 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 residendal zone, park, recreation azea, religious establishment, library, school or day caze facility, along a straight line extended between two (2) points." . SECTION 4: Section 9279.15 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 9279.4. ~ SECTION 5. Section 9279.16 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 9279.5. SECTION 6. Chapter 8, entitled "Adult Business License,":is hereby added to Article VI of the Municipal Code with sections nrimbered 6800 et seq. : SECTION 7. Section 6800 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code in its entirety to read as follows: "6800. PURPOSE The intent of this chapter is to regulate uses which, because of their very nature, aze believed to haue any of the recognized significant secondary effects on the community which include, but aze not limited to: depreciated property values and increased vacancies in residential and coinmercial areas in the vicinity of Adult Oriented Businesses; interference with residential property owners' enjoyment of their properiy when such property is located in the vicinity of Adult Oriented Businesses due to increased crune, debris, noise and vandalism; higher crime rates in the vicinity of Adult Oriented Businesses; and blighting conditions such as low-level maintenance of commercial premises and pazking lots which thereby have a deleterious effect -8- upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. In approving the regulations contained in this article, the city council has reviewed detailed studies, reports and letters prepazed by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding Adult Oriented Businesses. These studies include Upland, Califomia (1992); Gazden Grove, California (1991);-Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); State of Minnesota, Attorney General Report (1989); Newport news, Virginia (1996);.St. Paul, Minnesota (1987); Corpus Christi, Texas (1995); National Law Center (1995); and Azusa (2003) (collectively "Studies"). The Studies, a summary of which is attached hereto as Exhibit "A," substantiate the adverse, secondary effects of adult businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors or exhibitors of sexually oriented materials to their intended mazket. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regazding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or hazmful matter or the e~chibition or public displaythereof." SECTION 8. Section 6801 (formerly Section 9279.1) of Chapter 8, Article VI o£the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6801. DEFINTTIONS. In addition to any other definitions contained in the Municipal Code; the following words and phrases shall,, for the purpose of this Division and Article VI, Chapter 7, be defined as follows, unless it is cleazly apparent from the context that another meaning ;is intended. Should any of the defuutions be in conflict with any current provisions of the Municipal Code, these definitions shall prevail. A. "Adult arcade" shall mean a business establishment to which the public is permitted or inyited and where coin, cazd or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors; videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regulaz or substantial basis, where the images so displayed aze distinguished or~chazacterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical azeas." Such devices shall be refened to as "adult arcade devices." . B. "Adult booth/individual viewing azea" shall mean a partitioned or partially enclosed portion of an adult business used for any oF the following purposes: -9- 1. Where a live or taped performance is presented or viewed, where the performances and/or images,displayed or presented are disdnguished or chazacterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical azeas' ; or 2. Where "adult arcade" devices aze located. C. "Adult business" shall mean: i. A business establishment or concern that as a regulaz and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult azcade, adult cabaret, adult motel or hotel; adult modeling studio (as these phrases are defined in this secrion); or 2. A business establishment or concern<which as a regulaz and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services ar entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexuai activiries" or "specified anatomical azeas" but not including those uses or activities (as these phrases aze defined in this section) which aze preempted by State law. D. "Adult cabazet" shall mean a business establishment (whether or not serving alcoholic beverages) that features "adult live entertaimnent." E. "Adult hoteUmotel " shall mean a"hotel" or "motel" (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, proj ectars, videos, holograms, virtual reality devices or other image-producing devices that aze distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas° (as these phrases aze defined in this section). F. "Adult live entertainment" shall mean any physical huxnan body activity, whether performed or engaged_in, alone or with other persons; including but not limited to singing, walking, spealdng, dancing, acting, posing, snnulating, wrestling or pantomiming, in which: (1) the perforxner (including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similaz performers) exposes to public.view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity depicts, describes, or relates to "specified sexual activiries" whether or not the specified anatomical areas aze covered. ' G. "Adult modeling studio" shall mean a business establishment which provides for any form of consideration, the services of alive human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, pho4ographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such -10- consideration. "Adult modeling studio" does not include schools maintained pursuant to standazds set by the Boazd of Education o€the State of California. •' H. "Adult motion picture theater" shall mean a business establishment, with or without a stage or proscenium, where, on a regulaz and substantial basis and for any form of consideration; material is presented thiough films, motion'pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or sunilaz electronically-generated reproductions that is chazacterized by the depiction or descriprion of "specified sexual activiries" or "specified anatomical azeas." I. "Adulf orientedmaterial" shall mean accessories, paraphernalia; books, magazines, laser disks, compacf discs, digital video disks; photographs; prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes; holograms.or electronically generated images or devices including:computer softwaze, or any combination thereof that is disringuished or chazacterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adu14 oriented material" shall include "sexually oriented merchandise." J. "Adult 7etail store" shall mean a business establishment having as a regulaz and substantial portion of its stock in trade; "adult oriented material" and/or "sexually oriented merchandise." ' K. "Day care facility" or "day care center" means any child day caze facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes. . L. "Establishment of an aduit business" shalPinean angof the following: L` The opening or commenoement of any-"adult business" (as,defined earlier) as a new business; " - 2. The conversiori 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: Physicai changes that expand the squaze footage of an existing "adult business" by more than ten percent (10%). ~ M. "Owner/permit holder" shall mean any of the following: (1) the sole proprietor of an adult business; (2) any general partner of a partnerslup that owns and operates an adult business; or (3) a cotpoTation; (4) the owner of a conttolling interest in a corporation or limited liability company that owns and operates an adult business; or (5) tfie person designated by the officers of a corporation or the members of a Limited Liability Company to be the permit holder for an adulf business owned and operated by the corporation. -11- N. "Pazk" shall mean any pazk, 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 Pazk. O. "Performer" shall mean any person who is an employee or independent contractor of an adult business, and who; with or without any compensarion or other form of considerarion, performs adult live entertainment for patrons of an adult business. Performer does not include a patron. P. "Religious institution" shall mean structure or facility that is used primarily for religious worslrip and related religious activities such as a church, temple or synagogue. Q. "Residential zone" shall mean any property within the City which carries a zoning designation of: R-M Residential Mountainous Zone Single Family Zone; R-O Residential First One-Family; R-1 Residenrial Second One-Fanvly; R-2 Medium Density Multiple-Family Residential Zone; and R-3 Mulriple Family Residential Zone. R. "School" shall mean any institurion 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 Boazd 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 fiigh school, or ariy special insdtution of education under the jurisdiction of the Califomia Deparhnent of Education, but it does not include a vocational or professional insritution of higher education, including a community or junior college, college, or university. It does not include private instructional and/or tutoring facilities. S. "Sexually oriented merchandise" shall mean sexualiy 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 similaz sexually oriented devices which aze designed or marketed primarily for the stimulation of human genital organs oi sado-masochistic activity or distinguished or chazacterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." T. "Specified anatomical azeas" shall mean and include any of the following: 1. I.ess than completely and opaquely covered, and(or simulated to be reasonably anatomically correct, even if completely and opaquely covered human: ' a) genitals, pubic region; b) buttocks, anus; or -12- c) female breasts below a point ixnmediately above the top of the areola; or 2. Human male genitals in a discemibly turgid state, even if completely or opaquely covered. U. "5pecified saxual activities" shall mean and include any of the following, irrespective of whether performed directly or indirectly tluough clothing or othei~ covering: 1. Human genitals in a state of sexual stimulation or azousal; and/or 2. Acts of human masturbarion, sexual stimulation or azousal; and/or 3. Simulated sezual intercourse; and/or Use of human or animal ejaculation, sodomy, arat copulation, coitus or masturbation; and/or 5. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, arbondage and/or restraints; and/or 6. Human excretion, urination, menstruation; uaginal or anal irrigation; and/or 7. Fondling or other erotic touching of huinan genitals, pubic region, buttock, or female breast: (Former Secrion 9279.1 repealed and new Seotion 9279:1 added by Ord. 2178 adopted 5-6-03)" SECTION 9. Section 6802 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code to read in its entirety as follows: "6802. PERMIT REQUIRED No adult business shall be permitted to operate, engage in, conduct or cany on business within the City unless the owner of the business first obtains both an Adult Business Regulatory permit and a business licensa from the City." SECTION 10. Section 6803 (formerly a part of Section 9279.3) of Chapter 8, Article VI of the Arcadia Municipal Code as follows is hereby amended to read in its entirety as follows: "6803. PERMIT REQUIREMENTS. A. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City of Arcadia unless the person first obtains, and continues to maintain in full force and effect, an adult business regulatory permit as herein required. Any occurrence of the "establishment of an adult business" as defined in Arcadia Municipal Code Section 6801 (L) shall require a new application for an adult business use -13- permit. The adult business use pernut shall be subject to the development and operational standards contained in Sections6805. B. Pernut applicants shall file a written, signed, and verified application on a form provided by the Director of Development Services or designee (hereinafter referred to as "Director"). Any changes in information on an application shall be submitted on a supplemental application within ten (10) working days of each such change. Such application shall contain the following informa6on and shall also include applicanYs acknowledgment, that he/she has read and understands, alt requirements set forth in Section 6805. 1. If the pemut applicant is an individual, the individual shall state his or her legal name, including any aliases, telephone number, home address (including previous addresses), tax identificadon number, social security number, information regazding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) yeazs of age. 2. If the permit applicant is a parlnership, the partners shall state the partnership's complete nazne, address, and telephone number, and the names (including aliases), telephone number, home address (including previous addresses), tax identification number, social security number, and informarion on past adult business ownership of all partners. The applicant and all the partners shall also submit satisfactory written proof that he or she is at least eighteen (18) yeazs of age and whether the partnership is general or limited; and shall attach a copy of the partnerslup 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 California, the names and capacities of all officers and d'uectors, the name of the registered corporate agent, arid the address of the registered office for service of process. 4. If the pernut applicant is an individual, he or she shall sign the application. If the pernut applicant is other than an individual, each individual or entity with a ten percent (10%) or geater interest in the business enfity shall sign the application. Any individual who signs the applicafion must also provide his or her name, including any aliases, home address (including previous addresses), telephone number, date of birth, social security number, information regazding past adult business ownership, and shall submit satisfactory written proof that he or she is at least eighteen (18) yeazs of age. 5. If the permit applicant intends to' operate the adult business under a name other than that of the permit applicant, the pemut applicant sha11 file the fictitious name of the adult business and show proof of regisiration of the fictitious name. 6. A description of the type of adult business far 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. If premises aze leased, a complete copy of the current lease must be attached. The property owner must sign the application. -14- 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 lidense. This information shall be updated by the licensee of the adult business. establishment within five (5) days of retendon of any new or additional employees, independent contractors, and ofher persons who will perform at the adult business, who aze 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 applicarion for the permit with the names of all employees, independent contractors; or other persons, who aze required to obtain an adult business performer license, within ten (10) worldng days of any change in the informatiom originally submitted. The information obtained by the City pursuant to this subsection B(8) shall be kept.confidential. 9. Permit applications shall include a signed and verified statement thati a. The permit applicarit, if an individual, or each shazeholder, partner, officer and director,'or other pariy possessing a ten percent (10%) or greater interest, if a partnership or corporation, has riot pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense; or b. Tf there has been a convicrion or a plea, then: (1) More than two (2) years have elapsed between the date of conviction or plea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction orplea is a misdemeanor; or 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 far an adult business regulatory pernut shall be determined by the Director witkun five (5)-working days of its submittal. If the Director detecmines that the pernut application is incomplete, the Director shall immediately notify in writing the pernut applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such.wriring shall be deposited in the U.S. mail, postage prepaid, immediately npon determination that the applicarion is incomplete. Within five (5) working days following the receipt of an amended application or supplemental information, the Director shall again detemvne whether the application is complete in aocordance:with the provisions set forth above. Bvaluation and notification shall occur as , provided herein until such time as the application is found to be complete. -15- E. The fact that a permit applicant possesses other types ofState or City permits or licenses does not exempt the permit applicant from the requirement of obtaining an adult business regulatory pemut." SECTION 11. Section 6804 (formerly Section 9279.4) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6804. INVESTIGATION & ACTION ON APPLICATION FOR ADULT BUSINESS REGULATORY PERMIT A. The completeness of an application for an adult business regulatory permit shall be determined by the Director of Development Services ar his designee (hereinafter'Director") within five (5) working days of its submittal. If the Director determines.that the permit application is incomplete, the Director shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon deternvnatiori that the application is incomplete. Within five (5) working days following the receipt of an amended application or supplemental.informarion, the Director shall . again deternune whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such rime as the application is found to be complete. B. Upon receipt of a completed application and payment of the application and pernut fees, the Director shall immediately write or stamp the application "Received" and, in conjuncrion with City staff and the Chief of Police, shall promptly investigate the informarion contained in the application to determine whether an adult business regulatory pernut sha11 be granted. C. Within ten (10) warking days of receipt of the completed application, the Director shall issue or deny the license, unless extended for five (5) additional working days upon a showing of good cause. D. In reaching a decision, the Director shall not be bound by the formal rules of evidence in the California Evidence Code. ` E. The failure of the D'uector to render any decision within the time frames established in any part of this Section shall be deemed to constitute an approval, subject to appeal to the Business License Review Boazd, pursuant to Section6807. The Director's decision sha11 be hand delivered or mailed to the appl'icant at the address provided in the application, and shall be provided in accordance with the requirements of this Code. F. Notwithstanding any provisions in this Section regazding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regazding any decisiomor consideration by the City of the pending applicarion. Extensions of time sought by applicants shall not be considered -16- delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications. . G. The Director shall grant or deny the application in accordance with the provisions of this Sec6on, and so notify the applican4 as follows: 1. The Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. 2. If the application is denied, the Director shall attach to the application a statement of the reasons for the denial. 3. If the application is granted, the Director shall stamp ":Spproved" on the application. H. The Director shall grant the application and issue the adult business regulatory pemut unless the application is denied based upon one (1) or more of the criteria set forth below: I. If the Director grants the application, the applicant may begin operating the adult , business for which the permit was'sought, subject to strict compliance with the development and operational standazds and requirements of this Division. The permit holder shail post the permit conspicuously in the premises of the adult business. ' J. The D'uector shall deny the application for any of the following reasons: 1. The adult business does not comply with the zoning and location standazds found in Section 9279.2. 2. The adult business does not comply with the development, operational or performance standazds found in this Division. 3. The permit applicant, his or her employee, agent, partner, director; officer, shareholder with a ten percent (10%) or greater interest, or manager has made any false, misleading, or fraudulent statement of material fact in the application for an adult business regulatory permit or in any report, record, or document required to be filed with the applicarion, the Police Department, Sheriff, other law enforcement agency, or other deparhnent of the City. 4. The permiYapplioant is under eighteen (18) years of age. 5. The required application fees have not been paid. 6. The permit applicant, if an individual, or any shareholder, partner, officer, director or other party possessing a ten percent (10%) or greater interest, if a partnership or coxporarion, has: (a) Pled guilty or nolo contendere or been convicted of an offense.classified by this or. any other state as a sex or sex-related offense; and -17- (b) (1) Ixss than two (2) years haue elapsed between the date of conviction or piea, or the date of release from oonfinement for a conviction or plea, whichever is the later date, and the date of applicarion if the convicrion or plea is a misdemeanor; or (2) Less than five (5) years have elapsed between the date of conviction or piea, or the date of release from confinement for a conviction or plea, whichever is the later date, and the date of application if the conviction or plea is a felony; or (3) Less than five (5) yeazs have elapsed between the date of the last conviction or plea, or the date of release from confinement for the last conviction or plea, whichever is the later date, and the date of application if the convictions or pleas are two (2) or more inisdemeanors or a combination of misdemeanor offenses occurring witl~in any twenty-four (24) month period. 7. Within the past 18 months.the applicant, including, but not limited to, an owner, partner or shazeholder with a 10% or greater financial interest has been found to have violated any provision of this division, has had an adult oriented business permit or similar entitlement permitting the establishinent of an adult or sexually oriented business revoked, regazdless of whether such revocation occurred within the City or in some other jurisdiction. K. An applicant cannot re-apply for an adult business regulatory permit for a location for which the applicant previously submitted an application within one (1) year from the date of prior denial, if the denial is based on Subsection (~(6). Denial for any other reason shall be without prejudice to re-application at any time. L. Any affected person may appeal the decision of the Director in writing in accordance with the provisions of Section 6807." SECTION 12. Section 6805 (formerly Section 9279.5) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6805. DEVELOPMENT AND OPERATING STANDARDS: A. Hours of Operation. It shall be unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee.or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 10:00 a.m. of any day excepting herefrom an "adult hoteUmotel." B. Exterior Lighting Requirements. All exterior areas, including pazking 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 lighring in such manner as to prevent glaze or reflected light from creating adverse impacts on adjoining and neazby public and private properties. lnoperable and/or broken lights shall be replaced within twenty-four (24) hours. -18- C. Interior Lighting Requirements. All interior areas' of the adult business excepting therefrom adult hotels and motels shall be itluminated at a m~n~miun of 1.00 foot=candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours. D. Minors' Access: 1. To the extent that it is in conformity with the Penal Code, movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion Picture Associarion of America ("MPAA") or which have not been submitted to the MPAA for a rating and which aze distinguished or characterized by an emphasis on depictirig or describing specified sexnal activities or specified anatomical azeas shall be restricted to persons at least eighteen (18} years of age. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been rated "X" or rated "NG17" by the MPAA, or which have not been submitted to the MPAA for a rating; and which'consist of images which aze distinguished or chazacterized by an emphasis on depicting or describing specified sexual acfivities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment where persons under the age of eighteen (18) shall be prohibited. 2. For material relative to adult businesses not covered by Subsection (D)(1), of this Section, access shall be restricted to persons over eighteen (18) yeazs of age.' 3. It shall be unlawful for any employee, owner, operator, responsible managing employee; inanager or permittee of an adult business to allow any person under the age of .. eighteen (18) yeazs upon the premises or within the confines of any adult business, either as a patron or; employee, if no liquor is served, or under the age of twenty-one (21) if liquor is served. E. Regulation of Adult Booth/Individual Viewing Area. 1. No adult booth/individual viewing azea shall be occupied.by more than one (1) individual at a time. 2. Each adult booth/individual viewing azea within the adult business shall be visible from a conrinnous and accessible main aisle in a public portion of the establishment,.and shall not be obscured by any door, curtain, wall, two-way minor or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing azea from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainmenf is viewed is visible from orie main aisle. The entire body of any patron in any adult booth/individual viewing area musYbe visible from the main aisle without the assistance of mirrors or other device. 3. No doors aze pernutted on an adult booth/individual yiewing azea, No partialiy or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be permitted. -19- 4. No holes or other openings (commonly lrnown as "glory holes") shall be pernutted between adult booths/individual viewing azeas. Any such hole or opening shall be repaired within twenty-four (24) hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates. 5. No beds shall be pernutted in an adult booth/individual viewing azea. F. Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times. G. On-Site Manager--Security Measures. All adult businesses shall haue 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 tnnes during which the business is open. The individual designated as the on-site manager shall be registered with the Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises. All adult businesses shall provide a security system that visually records and monitors all parking lot areas during all business hours. At least one security guard shall be on duty outside the premises, patrolling the grounds and pazking lot at all times. The security guazd will be chazged with preventing violations of law and enforcing the provisions of this chapter. All - security guazds shall be uniformed so as to be readily idenrifiable as a security guazd by the public. No person acting as a security guazd shall act as a door person, ticket taker or seller, or any similaz fixnction, while acfing as a security guazd. For all adult oriented businesses providing live entertainment, an addirional security guazd shall be provided with each increase in maximum occupancy of 200 persons. Security guards shall be licensed under the California Private Security Services Act, Business & Professions Code Section 7580 et seq. H. Sign Requirements. All adult businesses shall comply with the following sign requirements, in addition to those otherwise set forth in the Arcadia Municipal Code. Sho,uld a, conflict exist between the other requirements of the Arcadia Municipal Code and this subsecfion, the more restrictive shall prevail: 1. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten (10) feet of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (18) years of age are prolubited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The d'unensions of the notice shall be no less than six (6) inches by six (6) inches, with a min'vnum typeface of twenty-five (25) points on contrasting background. If the adult business serves alcohol, it shall comply with all notice and posting . requirements of the Alcoholic Beverage Control Department. 2. No material relative to adult businesses on the premises shall be displayed in window azeas or any azea where they can be viewed from,the sidewalk in front of the building. -20- I. Adult Live Entertainment--Addifional Operating Requirements. The following additional requirements shall pertain to adult businesses providing live entertainment. No person, assdciation, partnership, or corporation shall engage in, conduct or carry on, or permit the operation of an adult business to engage in, conduct or cazry on unless all of the following requirements aze met 1. No employee, owner, operator, responsible managing employee, manager or permittee of such use shall allow any person below the age of eighteen{18) years upon:thepremises or withiii the confines if no liquor isserved, or under the age of twenty-one (21) if liquor is served. 2. No performer then performing adult live entertainment characterized by the exposure of specified anatomical azeas or specified sexual activities shall perform such adulf 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 thesperforming adult live entertainment chazacterized by the exposure of specified anatomical areas or specified sexual activities shall perform such adult live entertainment for patrons of an adult business within six (6) feet of a patron while the performer is so performing. The stage upon which that performer is then performing shall be marked by a railing or other physical barrier designed to obstruct any contact between the performer.and the patron. 4. No performer then performing adult live entertainment chazacterized by the exposure of specified anatomical azeas or specified sexual activities sha11 have physical contact with any patron, and no patron shall haue physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic azea, 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 conspicuously placed on the barrier between patrons and performers. If necessary, patrons shall also be advised of the sepazation and no touching requirements by . employees or independent contractors of the adult business. 5. All employees, except therefrom performers while performing, shall, at a minimum while on or about the premises or tenant space, weaz an opaque covering which covers their specified anatomical azeas. 6. No performer then perfomung adult live entertainment characterized by the exposure of specified anatomical azeas or specified sexual activities shall accept d'uectly from a patron, and no patron shall directly hand to suchperformer any tip or gratuity, throw tips to perforxners, or place tips in the performers' costumes. Patrons shall be advised of these tipping and grahxity requirements by signs conspicuously placed on the premises. If necessary, patrons shall also be -21- advised of the 6pping and gratuity requirements by employees or independent contractors of the adult business. . _ 7. The adult business shall provide dressing rooms for performers that aze sepazated by gender and exclusively dedicated to the performers' use, and which the performers shall use. Same gender performers may shaze a dressing room. Patrons shall not be pemvtted in dressing rooms. - 8. The adult business shall provide an entrance/exit for performers wluch 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 sepazated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three (3)-foot wide walk aisle for performers between the dressing room azea and the stage, with a railing, fence or othei barrier sepazating the patxons 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 sepazations between pexformexs-and patrons required by this Spbsection. J. Adult Motion Pichue Theater. An adult motion picture theater shall observe the following special,requirements: 1. If the theater contains a hall or auditorium azea, the area shall comply with each of the following provisions: a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum numberof persons who may occupy the azea; b. Have a continuous main aisle alongside of the seating azeas in order that each person seated in the azeas shall be visible from the aisle at all times; and c. Have,a.sign posted in a conspicuous place at or neaz each entrance to the hall or auditorium area which lists the maacimum number of persons who may occupy the hall or auditorium azea, which number sha11 not exceed the number of seats within the hall or auditorium area. 2. If an adult motion picture theater is designed to pernut 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 caze facility, pazk, school, or religious institution, as those terms aze defined in this Division. _z2_ K. Regulatiott of Public Restroom Facilities: If the adult business is required to provide restrooms for patron use, it shall provide sepazate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours: The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one (1) person is permitted to enter a restroom stall, unIess othenvise required hy 1aw, and that tfie restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an azea used as a dressing azea by performers. L. Trash. All interior trash cans shallbe emp6ed into a single locked trash bin lined with a plastic bag at least once a day. (Amended by Ord. 2178 adopted 5-6-03)" ' SECTION 13: Section 6806 (formerly Section 9279.6) of Chapter 8, Artiole VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6806. TRANSFER OF ADULT BUSINESSES OR ADULT BUSINESS REGULATORY PERMITS. A. A pernut 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 pernut. , B. In the event of a transfer of ownership of the adult business or the adult 6usiness regulatory pennit, the new owner shall be fully informed by the transferor of the re.quirements of this Division, inctuding the opeiational and development standards of Section 6805 and the provisions relating to adult business performer licenses including disqualification from certain . criminal convictions per Sections 6804(~(6) and 6703(C)(3). C. In the event of a transfer of the adult business or the adult business regulatory permit, the transferee must provide the City with the following information at least thirty (30) days prior to the transfer. D, No permit sha11 be transferred to a transferee with criininal convictions as set forth in Section 6804(J)(6). Such transfers aze deemed to be null and void. (Amended by Oid. 2178 adopted 5-6-03) E. If the permit holder is a corporation and the corporation retains ownership of the business, the sale of the corporate stock shall not be considered a transfer of an adult business regulatory pemut under this section. The new shazeholders shalI provide all informatian required under Section 6803 (B)(4) within ten (10) working days of sale of stock." . -23- SECTION 14. Section 6807 (formerly Secrion 9279.7) of Chapter 8, ArEicle VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6807. DENIAL, SUSPENSION OR REVOCATION OF ADULT BUSINESS REGULATORY PERMTTS/APPEAL PROCEDURE. A. On determining that the grounds for pernrit denial, suspension, or revocation exist, the D'uector shail fizrnish written notice of the proposed denial, suspension, or revocation to the permit applicant or permit holder. Such notice shall set forth the time and place of a public hearing before the Business License Review Board (hereinafter referred to as the "Board") and the ground or grounds upon which the hearing is based, the pertinent Arcadia Municipal Code Sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last lmown address of the pernut applicant or permit holder, or shall be deliyered to the pernut applicant or pernut holder personally, at least ten (10) working days prior to the hearing date. The hearing shal] be consistent with the following requirements: 1. All parties involved shall have the right to offer testimonial, docuxnentary, and tangible evidence bearnig upon the issues and may be represented by counsel. 2. The Board shall not be bound by the formal rules of evidence. 3. Any hearing under this Section may be conrinued for a reasonable time for the convenience of a pariy or witness at the request of the permit applicant or permit holder. Extensions of tune or continuances sought by a permit applicant or permit holder shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on permit denials, suspensions, or revocations. 4. The Board may conduct the hearing itself or may delegate the hearing to a retired judge who shall heaz the case and make a proposed decision to the Board within five (5) working days of the conclusion of the hearing. Upon receipt of the designee's proposed decision, the Boazd shall convene within four (4) working days to render its decision. If the Boazd finds and determines that there are grounds for denial, suspension or revocation, the Boazd shall impose one of the following: a. Denial of the permit or conditional granting of the permit; b. Suspension of the permit for a specified period not to exceed six (6) months; or c. Revocation of the permit. The Board shall render a written decision that shall be hand delivered or ovemight mailed to the pemut holder within five (5) working days of the Board convening to render its decision. B. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, agent, partner, director, stockholder with -24- 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 Section6805. 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, applicatiori for an adult business regulatory permit. 4. The permit is being used to conduct an activity different from that for which it was issued. 5. The permit holder has failed to submit and/or update the information pertaining to performers in accordance with Section 6803(B)(8). 6. An adult business has been operated without a responsible adult on the premises, officially acting in the capacity of manager, at all times during which the business is open or operaring. 7. That a permittee, including, but not limited to, an owner, partner, or shazeholder 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) yeazs have elapsed since the date of convicrion or the date of release from confinement of convicrion 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 sirice the date of conviction or the date of release &om 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) yeazs 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 combinarion of misdemeanor offenses occurring within any twenty-four (24) month period. 8. That an individual employed by the adult business has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult business at the time the offenses were committed. 9. That the use for which the approval was`granted has ceased to eadst or has been suspended for six (6) months or more. 10. That the transferee/new owner of an adult business oradult business regulatory permit fails to comply with the requirements of Section6806. -25- 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 pernvtted, 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 copularion, or masturbation. b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturba6on openly occur. c. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the California Penal Code. d. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057; or 11058 of the California Health and Safety Code. e. Any conduct constituting a criminal offense which requires registration under Secrion 290 of the California Penal Code. f. An act or omission in violation of any of the requirements of this Division if such act or omission is with the lmowledge, authorization, or approval of thepermit 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 actiViries that aze 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 traffiq 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 (or suspended) pursuant to this Section, another adult business regulatory pernuf to operate an adult business shall not be granted to the permittee, or any other owner, manager, director, board member or immediate family member of any of the above within eighteen (18) months after the date of such revocation (or if suspended, during the period of suspension). D. Nothwithstanding any other provision of this Code, the decision of the Business License Review Board on any suspension or revoca6on shall be deemed final." SECTION 15. Secdon 6808 (formerly Section 9279.8) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby aznended to read in its entirety as follows: "6808. NDICIAL REVIEW. A. The time for a court challenge to a decision of the Boazd under Section 6807 is governed by Califomia Code of Civil Procedure § 1094.8. -26- B. Noflce of the Boazd's decision and its fmdings under Section 6807 shall include citation to California Code of Civil Procedure § 1094.8. C. Any pemut applicant or pernut holder whose permit has been denied, suspended, or revoked pursuant to Sections 6804 and/or 6807 shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure § 1094.8. D. A suspension or revocation of an adult oriented business license shall be effective upon the latter to occur of the following:.(1) the time period within which the permittee can commence judicial review of the revocation pursuant to Code of Civil Procedure Section 1094.8; or (2) if judicial review is commenced, upon issuance of judgment in the trial court." SECTION 16. Section 9279.9 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6809 in Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 17. Section 68i0 (formerly Section 9279.10) of Chapter 8, Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6810. EMPLOYMENT OF AND SERVICES RENDERED TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED; TWENTY-ONE (21) IF ALCOHOLIC BEVERAGES ARE SERVED. A. Employees. Employees of an adult business must be at least eighteen (18) yeazs of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or othenvise retain any services in connection with the adult business with or from any person who is not at least eighteen (18) yeazs of age. If alcoholic beverages are served at the adult business, employees of the adult business must be at ieast twenty-one (21) years of age. If alcoholic beverages are served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, emp]oyee, or other person in chazge of any adult business to employ, contract with, or otherwise retain any services in connection with the aduIt business with or from any person who is not twenty-one (21) yeazs of age; and said persons shall exercise reasonable care in ascertaining the hue age of persons.seeking to contract with, be employed by, or otherwise service the adult business. The provisions of this subsection do not apply to service employees (e.g., janitors, repair and maintenance workers, or similaz service workers) whose work is not conducted during the normal hours of operation as set forth in Section6805. . B. Patrons. Patrons of an adult business must be at least eighteen (18) yeazs of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in chazge of any adult business to permit to enter or remain within the adult business any person who is not at least eighteen (18) yeazs of age. If alcoholic beverages aze served at the adult business, patrons must be at least twenty-one (21) years of age. If alcoholic beverages aze served at the•adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in chazge o£ any adult business to pernut to enter or -27- remain within the adult business any person who is not at least twenty-one (21) yeus of age; and said persons shall exercise reasonable caze in ascertaining the true age of persons entering the adult business. C. X-rated Movies. The selling, renting and/or displaying of movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks rated "X" or "NC-17" by the Motion Picture Association of America ("MPAA'~ shail be restricted to persons at least eighteen (18) years of age or older. If an establishment that is not otherwise prohibited from providing access to persons under eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NC-17" by the MPAA, or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or chazacterized by an emphasis on depicting or describing specified sexual activities or specified anatomical azeas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of eighteen (18) shall be prohibited." SECTION 18. Section 9279.11 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6811 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 19. Section 9279.12 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6812 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 20. Section 9279.13 of Ghapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6813 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 21. Secrion 9279.14 of Chapter 2, Article IX of the Arcadia Municipal Code is hereby renumbered as Section 6814 of Chapter 8, Article VI of the Arcadia Municipal Code. SECTION 22. Section 6815 is hereby added to Chapter 8, Article VI of the Arcadia Municipal Code to read in its entirety as follows: "6815. PUBLIC NUISANCE. In addition to the penalties set forth in Section 6814 above, any adult business which is operating in violation of these provisions regulating adult businesses is declazed to constitute a public nuisance and, as such, may be abated or enjoined from further operation:" SECTION 23. Section 6816 is hereby added to Chapter 2, Article IX of the Arcadia Municipal Code to read in its entirety as follows: "6816. SEVERABILITY. If any section, subsection, pazagraph, sentence, clause, or phrase of this Division and the Ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, pazagraphs, sentences, clauses, and phrases shall not be affected thereby. The City _28_ Council hereby declazes that it would have adopted this Division and the Ordinance to which it is a part regazdless of the fact that one ar more sections, subsections, pazagraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective." SECTION 24. The City Clerk shall certify to the adoprion of this Ordinance and shall cause the same to be published in the official newspaper of said City within fifteen (15) days afterits adoption. This Ordinance shall take effect on the thirty-first (316`). day after its adoption: Passed, approved and adopted this _ day of , 2005. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~~~,, ~'.4~ . _ • City Attomey -29-