HomeMy WebLinkAboutOrdinance No. 04-O4URGENCY ORDINANCE NO. 04-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORTTIA, AMENDING ARTICLE II, DIVISION 5, SECTIONS 18-163
AND 18-164, AMENDING ARTICLE IX OF TITLE 88 AND ADDING ARTICLE XXI
TO TITLE 18 OF THE AZUSA MLTNICIPAL CODE RELATING TO ADULT
BUSINESSES AND ADULT USE ZOIVING REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION L Ur¢ency Finding. The City Council of the City of Azusa hereby finds that:
A. California Government Code, Section 36937(b) provides that an urgency measure
for the ixnmediate preservation of the public peace, health or safety shall take effect immediately
upon.adoption. The City Council finds that tlus Urgency Ordinance, and the regulations set forth
herein, aze necessary for the immediate preservation of public peace, health and safety in order to
protect residents and local businesses from the adverse secondary effects of adult businesses
("adult businesses") as these are described in the Urgency Ordinance. Moreover, in the absence
of updated regulations, this Urgency Ordinance is necessary to reduce and eliminate the risk that
an adult business is established in an inappropriate location in the city. Once established, the
adverse secondary effect studies referenced in tt�e Urgency Ordinance show that such an adult
business will have an adverse effect on both existing businesses in the area and surrounding
residential azeas, causing increased crime, health risks and other adverse secondary impacts.
Finally, this Urgency Ordinance is necessary to pernut the establishment of additional avenues of
constitutional speech within the CiTy of Azusa. If not adopted as an Urgency Ordinance, the city
would be without appropriate regulations to address the adverse secondary effects caused by
such businesses.
SECTION 2. General Plan Consistencv Finding. The City Council finds that the
proposed amendments relating to adult use zoning and business regulations are consistent with
the City of Azusa General Plan and furthers the policies and objectives contained therein. In
addition, the proposed amendments aze reasonably related to the public welfaze because they
impose regulations that address and mitigate the potenrial adverse secondary effects of adult
businesses that may locate in the City of Azusa.
SECTION 3. Sections 18-163 and 18-164 of the Azusa Municipal Code aze hereby
amended to read as follows:
"Sec. 18-163. Exposure of private parts. Under this division, every person is guilty of a
misdemeanor who:
(1) Exposes such person's private parts or buttocks or employs any device or
covering which is intended to simulate the private parts, buttocks or pubic hair while
-1-
RVPUBVviXM1668212.1
participating in any live act, demonstration or exhibition in any public place, place open to the
public or place open to public view while serving food or drink to any customer. Persons who
expose their private parts or buttocks or employ any device or covering which is intended to
simulate the private parts, buttocks or pubic hair while participating in any live act,
demonstration or exhibition in an adult business licensed to do business in the city while serving
food or drink to any customer, shall be subjected to revocation and/or suspension of their
applicable license.
(2) Pemuts, procures or assists any person to be so exposed or to employ any such
device. Any persons who permits, procures or assists any person to be so exposed within an adult
business, shall be subjected to revocation and/or suspension of their applicable licenses and
permits.
Sec. 18-164. Reserved."
SECTION 4. Article XXI is hereby added to Chapter 18 of the Azusa Municipal Code
to read as follows:
"ARTICLE XXI. ADULT BUSINESS LICENSES
Division 1. General
Sec. 18-1250. Purpose and inten�
It is the purpose of this chapter to regulate adult businesses to promote the health, safety
and general welfaze of the citizens of the city. The provisioris of this chapter have neither the
purpose nor effect of imposing a limitation or restric6on on the content of any communicative
materials, including sexually oriented materials. It is recognized that adult businesses have a
serious deleterious effect upon adjacent areas, as well as the azeas in which they aze located. It is
therefore the purpose of this chaptet to establish standards for ttie conduct of adult businesses
which will protect the public health, safety and welfaze, preserve locally recognized values of
community appearance, minimize the potential for nuisances related to the operation of adult
businesses, and maintain local property values.
In approving the regulations contained in this chapter, 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 businesses. These studies included Upland, California (1992); Garden Grove, California
(1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma
City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas
(1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, Califomia (1978);
Amarillo, Texas (197'7); Cleveland, Ohio (1977); Los Angeles, California (1977); State of
Minnesota, Attomey 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 at[ached hereto as Eachibit "A,"
substantiate the adverse, secondary effects of adult businesses.
-2-
RVPUBVvIXM�668212.1
�
�
A. Based on the foregoing Studies and the other evidence presented, the city council
fmds that:
1. Adult businesses aze linked to increases in the crime rates of those azeas in
which they are located and that surround them; and
2. Both the proximity of adult businesses to sensitive land uses and the
concentration of adult businesses tend to result in the blighting and downgrading of the areas in
which they aze located.
3. Unregulated adult businesses create serious public health concerns and
hazards since the Studies and cases demonstrate that such businesses have been linked to the
spread of communicable and sexually-transmitted diseases.
4. Special regulation of aduli businesses is necessary to ensure that their
adverse secondary effects will not contribute to an increase in the crime rates or the blighting or
downgrading of the areas in which they are located or surrounding azeas. T'he need for special
regulation is based on the recognition that adult businesses have serious objectionable
operational characteristics, particulazly when several of them aze concentrated under certain
circumstances or located in direct proximity to sensitive uses such as residential zones and uses,
pazks, schools, churches or day care centers.
5. It is the purpose and intent of these special regulations to prevent the
establishment and operation of adult businesses in a manner that would create such adverse
secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of
the citizenry, especially minors, special regulations aze necessary.
6. The protection and preservation of the public health, safety and welfaze
require that certain operational requirements for adult businesses also be nnposed.
B. In adopting these regulations, the city council is mindful of legal principles
relating to regulation of adult businesses and does not intend to suppress or infringe upon any
expressive activities protected by the First Amendments of the United States and Califomia
Constitutions, but instead desires to enact reasonable time, place, and manner regulations that
address the adverse secondary effects of adult businesses. The city council has considered
decisions of the United States Supreme Court regarding adverse secondary effects and the local
regulation of adult businesses, including but not limited to: Youne v. American Mini Theaters.
Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41
(1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc. v. Dallas. 493 U.S. 215 (1990); Bames v.
Glenn Theater. 501 U.S. 560 (1991), and Ciry of Erie v. Paps A.M. (2000) 529 U.S. (2000
Daily Journal DAR 3255), United States Court of Appeals 9th Circuit decisions, including but
not limited to: Tonanga Press, et al. v. City of Los Angeles. 989 F2d 1524 (1993); Kev. Inc. v.
Kitsap Countv, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. Citv of Kent, 163 F.3d 545 (9th Cir.
1998), pet. For cert. Filed (1999); several Califomia cases including but not limited to: Tilv B. v.
Citv of Newvort Beach, 69 Ca1.App.4th 1(1998); Cit�of National Citv v. Wiener, 3 Cal.4th 832
(1993); People v. Superior Court (LuceroZ49 Ca13d 14 (1989); and City of Vallejo v. Adult
-3-
R V PUBVvIXN1�668212.1
Books, et al.. 167 Cal.App3d 1169 (1985); and other federal cases including Lakeland Loun�
Citv of Jacksonville (Sth Cir. 1992) 973 F.2d 1255, Hang On, Inc. v. Arlin t�on (Sth Cir. 1995}
65 F3d 1248, Mitchell v. Commission on Adult Entertaivuient (3rd Cir. 1993) 10 F3d 123,
International Eateries v. Browazd Countv (llth Cir. 1991) 941 F.2d 1157, and Star Satellite v.
Citv of Biloxi (Sth Cir. 1986) 779 F.2d 1074.
C. The city council hereby adopts each of the regulations contained in this article as
a means to reasonably address the adverse secondary effects of adult businesses.
below:
Sec. 18-1251. Definitions.
As used in this article, the following words and phrases shall have the meaning set forth
A. Adult Businesses. An "adult business":
1. Is any business, where employees or patrons expose specified anatomical
azeas or engage in specified sexual activities, or any business which offers to its patrons services
or entertainment characterized by an emphasis on matter depicting, exposing, describing,.
discussing or relating to specified sexual activities or specified anatomical azeas. Adult
businesses do not include bona fide medical establishments operated by properly licensed and
registered medical personnel with appropriate medical credentials for the treahnent of patients.
In determining whether a use is an adult business, only conduct or activities which
constitute a regulaz and substantial course of conduct or a use which has a majority of its floor
azea, stock-in-trade, or revenue derived from material characterized by an emphasis on matters
depicting, exposing, describing, discussing or relaUng to specified sexual activities or specified
anatomical azeas shall be considered. Isolated instances of conduct or activities described in this
section as characterizing an adult business shall not be considered except where such activities,
taken together, constitute a regulaz and substantial course of conduct;
2. Shall include, but shall not be limited to, the following:
a. Adult Arcade. An "adult arcade" means any place to which the
public is permitted or invited wherein coin-operated or slug-operated, or electronically,
electrically or mechanically controlled still or motion pichxre machines, projectors or other
unage-producing devices aze maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed aze distinguished or characterized by the
depicting or describing of specified sexual activities or specified anatomical azeas.
b. Adult Bookstore, Novelty Store, Video/DVD Store. "Adult
bookstore, novelty store, video/dvd store," is an establishment which has as a substantial portion
of its stock-in-trade, a majority of its floor azea or revenue derived from and offering for sale for
any form of consideration, any one or more of the following:
i. Books, magazines, periodicals or other printed matter,
photographs, films, motion pictures, video cassettes, slides or other visual representations which
�
RVPUBVNXM�668212.1
aze chazacterized by an emphasis upon the depiction or description of 'specified anatomical
azeas;
ii. Instruments, devices or pazaphernalia which aze designed
for use in connection with specified sexual acrivities; or
iii. Goods which aze replicas of or which simulate, specified
anatomical areas, or goods which aze designed to be placed on or in specified anatomical areas,
or to be used in conjunction with specified sexual activities to cause sexual excitement.
A commercial establishment may have other principal business purposes tt�at do
not involve the offering for sale or rental of material depicting or describing "specified sexual
activities" or "specified anatomical azeas" and still be categorized as an adult bookstore, adult
novelty store or aduldvideo/dvd store. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an adult booksfore, adult novelty
store or aduldvideo/dvd store so long as one of its principal business purposes is the offering for
sale or rental for consideration the specified materials which aze characterized by the depiction or
description of specified sexual activities or specified anatomical azeas.
c. Adult Cabazet. An "adult cabazet" is a baz, nightclub or sunilaz
establishment which features dancers, strippers or similaz entertainers who expose specified
anatomical azeas of their bodies.
d. Adult Motel. An "adult motel" means a hotel, motel or similaz
commercial establishment wtrich:
i. Offers accommodations to the public for any form of
consideration; provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides or other photographic reproductions which aze chazacterized by
the depicrion or description of specified sexual activities or specified anatomical azeas and has a
sign visible from the public right-of-way which advertises the availability of this adult type of
photograptuc reproductions, or
ii. Offers a sleeping room for rent for a period of time that is
less than ten hours, or
iii. Allows a tenant or occupant of a sleeping room to subrent
the room for a period of time that is less than ten hours.
e. Adult Motion Picture Theater. An "adult motion picture theater"
means a commercial establishment where, for any form of consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions aze regulazly shown which aze
chazacterized by the depiction or description of specified sexual activities or specified anatomical
azeas.
f. Adult Tanning Salon. An "adult tazining salon" or "pazlor" sha11
mean a business establishment where patrons receive tanning services in groups of two or more
-5-
R V PUB1M3Qv1\668212.1
i •
and where patrons or employees of the establishment expose specified anatomical azeas. Adult
tanniug salon or parlor shall also include a business establishment where a patron and an
employee of the establishment aze nude or expose specified anatomical azeas. An adult tanning
salon or pazlor shall also include a business establishment where the employees thereof aze nude
or expose specified anatomical azeas.
g. Adult Theater. An "adult theater" is any place, building, enclosure,
theater, concert hall, auditorium or structure, partially or entirely used for live performances or
presentations, which place, building, enclosure, theater, concert ha11, auditorium or structure is
used for presenting matter chazacterized by an emphasis on depicting, exposing, describing or
relating to specified sexual activities or specified anatomical azeas, for observation by patrons
therein. Such place shall also include an adult theater wherein persons are regularly featured
appearing in a state of nudity, on-going performances which aze chazacterized by tl�e exposure of
specified sexual activities, or by specified anatomical azeas.
h. Employee. "Employee" means a person who performs any service
on the premises of an adult business on a full-time, part-time or contract basis, whether or not the
person is denominated as an employee, independent contractor, agent or otherwise and whether
or not said person is paid a salary, wage or other compensation by the operator of the adult
business. Employee does not include a person exclusively on the premises to. conduct repair or
maintenance for the premises or equipment on the premises or for the delivery of goods to the
premises.
i. Nude Model Studio. A"nude model studio" means any place
where a person who appeazs in a state of nudity or displays specified anatomical azeas is
provided to be conversed with or be observed, sketched, drawn, painted, sculptured,
photographed or similazly depicted by other persons, for any form of consideration. Nude model
studio shall not include any classroom of any school licensed under state law to provide art
education, while such classroom is being used in a manner consistent with such state license.
j. Sex SupermazkeUSex Mini-Mall. A"sex supermazkedsex mini-
mall" means the establishment or operation of more than one type of adult business or use as
defined in this tiUe within the saine building.
k. Sexual Encounter Center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its primary business purposes, offers for any
form of consideration:
i. Physical contact in the form of wrestling or hunbling
between persons of the opposite sex, or
ii. Activities beriveen male and female persons and/or persons
of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
1. Reserved.
RVPUB\MXM5668212.1
�
m. Sexually Oriented Business or Adult Business. A"sexually
oriented business" or "adult business" is any business not otherwise defined or provided for
herein where employees or patrons expose specified anatoxnical azeas or engage in or simulate
specified sexual activities, or any business which offers to its patrons services or entertainment
chazacterized by an emphasis on matter depicting, exposing, describing, discussing or relating to
specified sexual activities or specified anatomical azeas located, or proposed to be located, within
the city.
B. Appeal. Wherever the reference to an"appeal" being filed or available to be filed,
such right of appeal shall also include the right to appeal administrative deterininations made by .
the city manager/designee in accordance with the procedures established in this article.
C. Person. "Person" means and includes person(s), firms, corporations, partnerships,
associations or any other forms of business organization or group(s}.
D. Specified Anatomical Areas. "Specified anatomical areas" shall include any of the
following human anatomical azeas:
1. Less than completely and opaquely covered genitals, pubic regions,
buttocks, anuses or female breasts below a point immediately above the top of the azeola; or
2. Human male genitals in a discernibly turgid staYe; even if completely and
opaquely covered.
E. Specified Sexual Activities. "Specified sexual activities" includes all the
following:
1. The fondling or other erotic touching of the following human anatomical
azeas: genitals, pubic regions, buttocks, anuses or female breasts;
2. Human sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
3. Human masturbation, actual or simulated;
4. The actual or simulated infliction of pain by one human upon another, or
by an individual upon himself or herself, for the purpose of the sexual graUfication or release of
either individual, as a result of flagellation, beating, striking or touclung of an erogenous zone,
including without limitarion, the thigh, genitals, buttock, pubic region, or, if such person is a
female, a breast;
5. Sexual intercourse, actual or simulated, between a human being and an
animal; or
6. Excretory functions as part of or in connection with any of the activiUes
set forth in subsections (E)(1) through (5), above.
-7-
RVPUBVv1XM1668212.1
F. Definitions. In addition to the terms defined above, the fol(owing words and
phrases shall have the meaning as set forth below:
1. Couch Dance or Couch Dancing. The term "couch dance" or "couch
dancing" means an employee of an adult business intentionally touching any patron while
engaged in the display or exposure of any specified anatomical azea or while simulating any
specified sexual activity.
2. Establishment. An "establist�ment" means and includes any of the
following:
a The opening or commencement of any adult business as a new
business;
b. The conversion of an existing business, whether or not an adult
business,. to any adult business;
c. The addition of any adult business to any other existing adult
business or to another existing adult business, with or without expansion of floor azea;
d. The relocation of any adult business; or
e. The expansion or enlazgement of the premises by ten percent or
more of the existing floor azea.
3. Nudity or a Stafe of Nudity. "Nudity" or a"state of nudity" means the
showing of the human male or female genitals, buttocks, pubic area, wlva, anus, anal cleft or the
female breast with less than a fully opaque covering of any part of the azeola.
4. Private Viewing Area. "Private viewing area" means an azea or azeas in an
adult business designed to accommodate no more than five or less patrons or customers for
purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie or
other presentation. No private viewing areas sha11 be established, maintained or authorized, and
there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.
5.. School. "School" means any public or private educational institution
which is run by the state or a subdivision thereof or which is licensed by the state to offer pre-
school, elementary or secondary academic instruction, including kindergartens, elementary
schools, middle or junior high schools, and high schools. For purposes of this definition, Azusa
Pacific University, sha11 also be considered a"school."
6. Semi-Nude. "Semi-nude" means the showing of the male genitals or
female breast below a horizontal line across the top of the areola at its highest point or the
showing of a substantial portion of the male or female buttocks. This definition shall not include
any portion of the cleavage of the human female breast, e�ibited by a dress, blouse, skirt,
leotard, bathing suit or other wearing appazel provided the azeola is not exposed in whole or in
part.
-g-
R W UB1Iv4Qvt\668212.1
7. Specified Criminal Act. A"specific criminal act" also means "specified
criminal acts" and includes sexual crimes against children; sexual abuse; rape; or crimes
connected with another adult business including, but not limited to, the distribution of obscenity;
convictions involving the distribution, display or sale of material harmful to minors; prostitution;
or pandering. Specified criminal acts excludes those acts which are authorized or required to be
kept confidential pursuant to Welfaze and Institutions Code Sections 600 to 900.
8. Straddle Dance or Straddle Dancing. The term "straddle dance" or
"straddle dancing" sha11 have the same meaning as "couch dance" or "couch dancing" as defined
in subsection (F)(1) of trus section.
Division 2. Adult Business Licenses for Operators.
Sec. 18-1252. License required.
A. A person commits a misdemeanor, subject to punishment in accordance with
Section 1-10 of this code, if he or she operates an adult business within the ciry witUout obtaining
all applicable adult business licenses and permits required by the city pursuant to this code.
B. An application for a license must be made on a form provided by the city. T'he
application must be accompanied by a sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepazed but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises. The applicaUon shall include at a
minimum the street address of the principal place of business where business records are kept
and any location current or proposed for the adult business in the city. Post office boxes or postal
annex addresses shall not be sufFicient to meet this requirement.
Notwithstanding the fact that an application filed hereunder may be a"public record"
under Govemment Code Section 6250 et seq., certain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or permit
scheme established herein which information is personal, private, confidential or the disclosure
of which could expose the applicant to a risk of harm. Such information includes, but is not
lunited to, the applicant's residence address and telephone number, the applicant's date of birth
and/or age, the applicant's driver's license and/or Social Security Number, and/or personal
financial data. The city council in adopting the application and licensing and/or pemut system set
forth herein has determined in accordance with Govemment Code Section 6255 that the public
interest in disclosure of the information set forth above is outweighed by the public interest in
achieving compliance with this chapter by ensuring that the applicanYs privacy, co�dentiality or
security interests aze protected. The city clerk shall cause to be obliterated from any copy of a
license application made available to any member of the public, the information set forth above.
C. An adult use planning permit application must also be concurrently filed with the
license application. The license application shall wntain the same informarion required of the
adult use plamiing permit. The adult use planning pemut application will be processed in
accordance with the time limits of Section 88-1708, 88-1710 and Section 88-1714 of this code.
-9-
RWUBVviXM1668212.1
i •
Before a business regulated by this article may commence operation, the applicant must have
been issued a valid adult use planning pemut--or interun adult use planning pemut pursuant to
article XXI of title 88 of this code.
D. The applicant must be qualified according to the provisions of this title and the
premises must be inspected and found to be in compliance with the law by the city and by the
Los Angeles County Fire Department.
E. Any person who wishes to operate an adult business must sign the application for
the license as the applicant. If the applicant consists of multiple persons; a firm, corporation,
partnership, association or other for of business ownership, then the president or other officer
authorized by the incorporation documents or bylaws shall sign the application.
F. The fact that a person possesses any other valid license issued by the city or the
county does not exempt the person from the requirement of obtaining all licenses required by this
code for an adult business. A person who operates an adult business and possesses any other city
or county license shall comply with the requirements and provisions of this chapter and all city
codes as well as the requirements and provisions of such other license.
Sec. 18-1253. Issuance of license.
A. Upon receipt of a license application, the city manager or designee shall
determine whether it is complete and contains all information required by this section within two
(2) days of its receipt. If the application is incomplete, the city manager or designee shall deny
the application and immediately inform the applicant in writing of the items needed to complete
the application.
B. The city manager, or designee thereof, shal] issue or deny tl�e issuance of a license
to an applicant within ten days after receipt of a properly completed and executed application
and the concurrently filed and completed application for an adult use planning pernut--including
an interim adult use planning permit--which shall be processed pursuant to Sections 88-1708, 88-
1710 and Section 88-1714 of this article. The city manager, or designee thereof, shall issue the
license unless he/she fmds one or more of the following to be true:
1. An applicant is under eighteen (18) years of age;
2. An applicant is overdue in payxnent to the city of fees owed by the
applicant in relation to the adult business which is the subject of the application;
3. An applicant has failed to completely fill out the application for the license
or has pmvided materially false information on the application;
4. The license fee required by this article has not been paid;
5. The premises to be used for the adult business has not been approved by
the city and the fire department, as being in compliance with applicable laws and ordinances,
-10-
RVPUBVNXM\668212.1
including the issuance of an adult use planning permit or interim adult use planning permit
pursuant to Sections 88-1708, 88-1710 and Section 88-1714 of this article;
of this code;
6. The applicant is operating the adult business without a license in violation
7. That an applicant has been convicted of a specified criminal act for which:
a. Less than five years kiave elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for the specified criminal acts which are sexual crimes against children;
sexual abuse; rape; or crimes connected with another adult business including, but not limited to,
distribution of obscenity; distribution, display or sale of material harmful to minors; solicitation
of prostitution and prostitution; or pandering,
b. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a felony
offense; for the specified criminal acts which aze sexual crimes against children; sexual abuse;
rape; or crimes connected with another adult business including, but not limited to, distribution
of obscenity; distribution, display or sale of material harmful to minors; solicitation of
prostitution or prostitution; or pandering,
c. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the convictions aze of two or
more misdemeanors for the specified criminal acts which aze sexual crunes against ctuldren;
sexual abuse; rape; or crimes connected with another adult business including, but not limited to,
distribution of obscenity; distribution, display or sale of material hannful to minors; solicitation
of prostitution or prostitution; or pandering; convictions of any such offense occurring within
twenty-four (24) months prior to the application;
8. The premises contain one or more private viewing areas.
The city's decision to grant or deny license shall not be based upon information
authorized or required to be kept confidential pursuant to Welfaze and Institutions Code SecUons
600-900.
C. Within ten days of the receipt of a completed application in accordance with the
requirements of this secrion, the city manager, or designee thereof shall refer the application to
the chief of police to investigate and verify the information contained in the application. T'he
chief of police may refer the' application to any law enforcement body or authorized law
enforcement wntractor to assist in this determination. In the event the information requested
pursuant to this section of this code is not available within the ten-day period, the chief of police
shall--if the application otherwise meets the requirements of this code--issue a status report on
the issuance of the adult business license, whereupon, the city manager, or designee thereof, shall
issue the same within ten days of the receipt of the application. Should the information obtained
from the chief of police vary in a material degree from that set forth by the applicant in the
application, such variance shall be cause to deny, suspend or revoke the license in accordance
-ll-
RWUBVv1XM�668212.1
with this code. Any license issued prior to the city receiving the back�ound information
required by this section shall state cleazly on its face that the license is subject to suspension or
revocation pursuant to this code.
A The license shall state on its face the name of the person or persons to whom it is
issued, the expiration date, and the address of the adult business. The license shall be posted in a
conspicuous place at or neaz the entrance to the adult business so that it may be easily read at any
time.
E. The city clerk shall send to the applicant or licensee, by certified mail, retum
receipt requested, written notice of the action to issue or deny the license within ten days of the
receipt of the completed application by the city manager. The decision of the city manager, or
designee thereof, to issue or deny issuance of the license shall be subject to appeal in accordance
with the following procedures:
1. The appeal shall be submitted to and received by the city clerk within ten
(10) days of the date of such action for which the appeal is made. The appeal must be in writing
on forms provided by the city, together with an appeal fee established by resolution of the city
council, which may be amended from time to time. All appeals shall set forth the reason for
asserting the appeal.
2. When a timely appeal is filed, the city council sha11 heaz the matter or
appoint a hearing officer to conduct a hearing on the matter. The hearing officer may be such
person or body designated by the city council to perform all or a portion of their duties, or may
be another official or body from another city or agency, or other person qualified to conduct a
review of the matter. The hearing for an appeal sha11 take place withiu ten (10) business day of
the receipt of the appeal. All parties involved shall have the right to offer testimonial,
documentary and tangible evidence bearing on the issues; and may be represented by counsel.
Any relevant evidence may be admitted that is the sort of evidence upon which reasonable
persons aze accustomed to rely in the wnduct of serious affairs. Any hearing under this section
may be continued for a reasonable time for the convenience of a party or a witness.
3. T'he city council or hearing officer shall render a written decision on the
matter within five (5) days of the close of the hearing on the appeal. In no event may the appeal
hearing be continued for longer than thirty days, unless the applicant consents to a longer period
of time.
F. The decision of the city council or hearing officer concerning the appeal of a
denial of a pernut shall be final. The applicant or permittee may seek prompt judicial review of
such administrative action in a court of competent jurisdiction as provided by law, pursuant to
Califomia Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable
efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.
Sec. 18-1254. Fees.
The initial application fee, the initial license fee, and the annual renewal fee for an adult
business license shall be set by resoluUon of the city council.
-12-
RVE'UBVNXM1G6S212.1
•
Sec. 18-1255. Inspection.
C,
�
An applicant or licensee shall permit representa6ves of the city, the city's police
department, Los Angeles County Depar[ment of Health Services, the County Fire Department,
the city building and safety department, and the community development department to inspect
the premises of an adult business for the purpose of insuring compliance with the provisions of
this chapter at any time the premises is open for business, provided reasonable and normal
business operations sha11 not be interfered with and the inspection is conducted in the same
manner as an inspection for other businesses.
Sec. 18-1256. Expiration and renewal of license.
Each license sha11 expire one (1) yeaz from the date of issuance and may be renewed only
by making application upon penalty of perjury that there has been no material change in the
business or its operation. Applications for renewal shall be filed at least thirty (30) days before
the expiration date; the applicarion for renewal shall not eaRend the license beyond the expiration
date. The city manager, or designee thereof, shall issue the license or deny the application for
renewal within ten days of the receipt of a completed application. If in reviewing the application
for renewal of the license, the city manager, or designee thereof, determines that the application
will likely be denied, then the city manager, or designee thereof, shali cause an administrative
hearing to be held within the same ten-day period at which time the applicant may present
evidence supporting the applica6on or contradicting the evidence presented by the city. The
decision of the city manager, or designee thereof, to deny renewal of the license sha11 be subject
to appeal to the city council by following the same procedures as set forth in Section 18-1253(E)
of this article.
Sec. 18-1257. Suspension and revocation hearings.
The city manager or his/her designee, or the city council may initiate proceedings to
consider the suspension or revocation of an existing adult business license as may be necessary
to assure the preservation of the public health and safety. Such proceedings shall include a
hearing wherein the license holder is provided the opporiunity to refute any evidence or findings
of the city. If the evidence presented at the hearing establishes that one or more of the conditions
exist as set forth in Section 18-1258 then suspension shall be ordered; and, if the conditions set
forth in Section 18-1259 exist, then revocation of the adult business license shall be ordered.
Sec.18-1258. Suspension.
An adult business license shall be suspended if the evidence at the hearing establishes any
one or more of the following conditions exist:
A. The conduct of the adult business does not comply with all applicable laws,
including, but not limited to, the city's fire, building, zoning, or health and safety codes; or the
locational criteria or design and performance standazds set forth in this article and in article XXI
of ritle 88 of this code aze violated or not complied with by the adult business;
-13-
RVPUBVNXM�668212.1
B. There was not a responsible person over, eighteen (18) yeazs of age on the
premises to act as a manager at all times during which the adult business was open;
C. The licensee, manager or any agent or employee of the licensee or manager
knows or should have known that the adult business has been used as a place where sexual
intercourse, sodomy, oral copulation, masturbation, prostitution, assignation or other lewd acts
occur or have occurred;
D. The licensee, his or her employees, agent, partner, director, officer, controlling
stockholder or manager with management of day-to-day opexations has violated any provision of
this ritle or this article;
E. The licensee or manager has failed to remove all materials harmful to minors,
including but not limited to--wrappers, covers, labels, packaging, bags and magazines--that have
been discazded upon the grounds within one thousand (1,000) feet, of the premises of the adult
business;
F. The adult business is being operated, managed or conducted in violation of any
condition of approval or performance standard of the adult business license, or adult use
plaz�ning permit, if required;
G. The licensee, manager or any agent or employee of the licensee or manager
refused to allow the lawful inspection of the premises by a city inspector or official, the police
departrnent, the County Fire Departrnent, city code enforcement officer, director of community
development, or County Health Department or any designee thereof;
H. The licensee, manager or any agent or employee of the licensee or manager
knowingly permitted gambling on the premises;
I. The manager or person acting in that capacity was found to be intoxicated or
under the influence of a controlled substance while on duty at the adult business;
J. The adult business is operating in violation of the permitted hours of operation;
K. The adult business is operating without a city business license;
L. The adult business is operating so as to constitute a nuisance pursuant to the
Azusa Municipal Code.
The suspension shall be for a period of up to thiriy (30) days or until the violation is
corrected, whichever is longer.
Sec. 18-1259. Revocation.
An adult business license shall be revoked and no new adult business license may be
requested by the licensee for any location within the city or by any other person for that same
-14-
I:a�1 iU :]� LY `1GTS 53 i� 1
location within a one-yeaz period following revocation if the evidence presented at the hearing
on the revocation of the license establishes that one or more of the following conditions exists:
A. The licensee, his or her employee, agent, partner, director, officer, controlling
stockholder or manager has knowingly made any false, misleading or fraudulent statement of
material facts in the application for a license or permit, or in any report or record required to be
filed with the city's police department, county health departrnent, or any other city department or
office in connection with the operation of the business;
B. The licensee, manager or any agent or employee of the licensee or manager has
been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result
of the operation of the adult business;
C. . The licensee, manager or any employee of the licensee or manager knowingly or
with reckless disregazd of the requirements of this title allows any minor into the establishment,
permits the use of the facilities by a minor, and/or sells adult materials to a minor and/or material
harn�ful to a minor;
D. The approved adult business has been expanded, or partially or wholly converted
to another adult business without the required city approvals and permits; .
E. There have been two suspensions of an adult business license within a one-yeaz
period;
F. The licensee or manager knowingly or with reckless disregazd of the requirements
of this title and state and federal law allowed the sale of controlled substances or allowed acts of
prostitution on or about the premises;
G. The licensee or manager continued to operate the adult business during a
suspension period of the adult business license;
H. The licensee or manager has been convicted of a specified criininal act for which
the required time period has not yet elapsed;
L That on two or more occasions within a twelve (12) month period, a person or
persons committed an offense, occurring in or on the licensed premises, constituting a specified
criininal act for which a conviction has been obtained, and the person or persons were employees
of the adult business at the tune the offenses.were committed;
The licensee or manager is operating more than one adult business in the same
building;
K. The adult business contains one or more private viewing azeas as defined herein;
L. The adult business has failed to provide, inaccurately provided, or failed to keep
current approved configuration of the adult business or the locarion of any adult business in the
city in accordance with Section 18-1252(B) of this code; or
-15-
RVPUBU�668212.1
M. The licensee, manager or any agent or employee of the licensee or manager of the
adult business knowingly or with reckless disregazd of the requirements, violates or permits the
violation any of the pmhibited conduct described in Section 18-1263 of this code on three (3) or
more occasions within a twelve month period, regazdless of whether a suspension or suspensions
l�ave been issued for such violations.
Sec.18-1260. Appeal.
A. The city manager or designee thereof shall conduct all initial hearings conceming
the suspension or revocation of licenses. If the city manager, or designee thereof, suspends or
revokes a license, the city clerk shall send to the applicant or licensee, by both .certified mail,
retum receipt requested, and regulaz fust-class mail, written notice of the action. The decision to
suspend or revoke the license shall be effective twenty (20) days after the notice of the decision
has been deposited in the U.S. mail.
B. An appeal of the decision to suspend or revoke the license may be made in
accordance with requirements of Section 18-1253(E) by filing a notice of the same with the city
clerk prior to the date on which the decision becomes effective. A properly filed application for
appeal stays the decision to suspend or revoke the license until a decision is rendered on the
appeal.
C. The appeal proceedings shall be conducted pursuant to Section 18-1253(E) of this
code. The decision of the city council or heazing officer conceming the appeal shall be fmal.
The permittee may seek prompt judicial review of such administrative action in a court of
competent jurisdiction as provided by law, pursuant to Califomia Code of Civil Procedure
Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in
accordance with Code of Civil Procedure Section 1094.8.
Sec. 18-126L Transfer of Gcense.
Any license shall be immediately void if the licensee attempts to transfer the license to
another person or location. T'he attempted transfer of the adult business license includes the
transfer of ownership or control of the adult business by any of the following:
A. T'he sale, lease or sub-lease of an adult business;
B. The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similaz means; or
C. The establishment of a trust, gift or similaz legal device which transfers the
ownership or control of the business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
Sec. 18-1262. Location of adult businesses.
-16-
. r : ,n.e,��r.r.iar�ri
The pemutted location of an adult business shall be as pravided in article XXI, ritle 88 of
this code.
Sec. 18-1263. Prohibited conduct at adult business.
A. No person shall operate or cause to be operated an adult business, regazdless of
whether or not a permit has been issued under this code, knowingly, or with reason to know,
pemutting, suffering or allowing any employee:
1. To engage in a couch dance or straddle dance with a patron at the
business;
2. To contract or otherwise agree with a patron to engage in a couch dance or
straddle dance with a person at the business;
3. To intentionally touch any patron at an adult business while engaged in the
display or exposure of a specified anatomical azea or engaged in or simulating a specified sexual
activity;
4. To voluntarily be within six feet of any patron while engaged in the
display or exposure of any specified anatomical azea or engaged in or simulating a sexual
activity.
B. No person at any adult business, regazdless of whether or not said business is
permitted under this code, shall intentionally touch an employee who is displaying or exposing
any specified anatomical area or engaging in or simulating a specified sexual activity at the adult
business.
C. No person at any adult business, regazdless of whether or not said business is
permitted under this code, shall engage in a couch dance or straddle dance with an employee at
the business who is displaying or exposing any specified anatomical azea or engaging in or
simulating a specified sexual activity.
D. No employee of an adult business, regazdless of whether or not a permit has been
issued for said business under this article, shall engage in a performance, solicit a performance,
make a sa1e, solicit a sale, provide a service or solicit a service between the hours of two a.m.
and nine a.m. of any particulaz day.
Sec. 18-1264. In j unction.
A person who operates or causes to be operated an adult business without a valid license
is subject to a suit for injunction as well as prosecution for criminal violations."
Division 3. Adult Live Entertainer Licenses.
Sec. 18-1265. Definitions.
-17-
RVPUBVvIXM1668212.1
�
�
For purposes of this division, the following definitions shall apply:
A. Adult Live Entertaimnent. The term "adult live entertainment" means every form
of live entertainment, music, band or orchestra, act, play, burlesque, rewe, pantomime, scene,
song, dance or act participated in by one or more persons and which live entertainment involves
the display or simulation of specified sexual activities or the display of specified anatomical
azeas.
B. Adult Live Entertainer. The term "adult live entertainer" means any person who
engages in or performs "adult live entertaimnent."
C. Appeal. The term "appeal" shall have the same meaning as provided in Section
18-1251(B) ofthis article.
D. Couch Dance or Couch Dancing. The term "couch dance" or "couch dancing"
means an"adult live entertainer" intentionally touching any patron while engaged in the display
or exposure of any specified anatomical azea as defined in Section 18-1251(D) of this article or
while simulating any specified sexual activity as defined in Section 18-1251(E) of this arlicle.
E. Straddle Dance or Straddle Dancing. The term "straddle dance" or "straddle
dancing" shall have the same meaning as "couch dance" or "couch dancing" as defined in
subsecrion (D) of this section.
Sec. 18-1266. Adult live entertainment Gcense required.
Each individual to be employed or who is employed in the capacity as an adult live
entertainer for an adult business shall be required to obtain an adult live entertainer license from
the city. Each applicant shall pay an adult live entertainer license fee as set by resolution of the
ciTy council. It is unlawful and a misdemeanor, subject to punishment in accordance with Section
1-10 of this code, for any person to work as an adult live entertainer without a license as required
by this chapter.
Sec. 18-1267. Application form--Contents.
Before any applicant may be issued an adult live entertainer license, the applicant shall
submit on a form to be provided by the city manager, or designee thereof, the following
information:
A. The applicant's full name and any other names or aliases used by the individual
during the last five years;
B. Age, date, and place of birth;
C. Height, weight, and color of hair and eyes;
D. Present business address and telephone number;
-18-
RVPUBVv1XM\668212.1
❑
E. Proposed business address and telephone number;
F. Present residence address and telephone number;
G. State driver's license or identification number;
H. Social Security Number;
�7
I. Evidence that the individual is at least eighteen (18) yeazs of age;
J. A statement describing the business, occupation or employment history of the
applicant for three years immediately preceding the date of the filing of the application;
K. A statement detailing the license or pemut history of the applicant for the five
yeazs immediately preceding the date of the filing of the application, including whether such
applicant has ever had a license, pemut or authorization to do business denied, revoked or
suspended, or had any professional or vocational license or permit denied, revoked or suspended
regarding a business in this state or anywhere else. In the event of any such denial, revocation or
suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the
reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or
suspension sha11 be attached to the application;
L. A statement listing a11 criminal convictions or pleas of nolo contendere, except
those which have been expunged or sealed by court arder, or authorized or required to be kept
confidential pursuant to Welfaze and Institutions Code Sections 600-900, and the disposition of
all arrests of the applicant, individual or other entity subject to disclosure under this chapter, for
five years prior to the date of the application. This disclosure sha11 include identification of all
ordinance violations, except minor traffic offenses (any traffic offense designated as a felony
shall not be construed as a minor tr�c offense), stating the date, place, nature of each
convicfion or plea of nolo contendere, and sentence of each conviction or other disposition;
idenrifying the convicting jurisdiction, and sentencing court providing court identifying case
numbers or docket numbers; and
M. Attached to the application form as provided above, two color photographs of the
applicant clearly showing the individual's face. The application form shall be signed under
penatty of perjury.
Notwithstanding the fact that an application filed hereunder may be a"public record"
under Government Code Section 6250 .et seq., certain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or permit
scheme established herein which is personal, private, confidential or the disclosure of which
could expose, the applicant to a risk of harm. Such information includes, but is not lunited to, the
applicant's residence address and telephone number, the applicant's date of birth and/or age, the
applicanYs driver's license and/or Social Security Number, and/or personal financial data. The
city council in adopting the application and licensing and/or permit system set forth herein has
determined in accordance with Government Code Section 6255 that the public interest in
-19-
RVPUBVv1XM\668212.1
disclosure of the information set forth above is outweighed by the public interest in achieving
compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security
interests aze protected. The city clerk shall cause to be obliterated from any copy of a completed
license application made available to any member of the public, the information set forth above.
Sec. 18-1268. Referral for investigation-- License issuance.
A. Upon receipt of a license application, the city manager or designee shall
determine whether it is complete and contains a11 information required by this section within two
(2) days of its receipt. If the application is incomplete, the city manager or designee shall deny
the application and immediately inform the applicant in writing of the items needed to complete
the application.
B. Upon receipt of a completed application, the city manager, or designee thereof,
shall refer the adult live entertainer license application to the chief of police to investigate and
verify the informaUon contained in the application. The chief of police may refer the application
to any law enforcement body or authorized law enforcement wntractor to assist in this
deternvnation. In no event shall the investigation or the decision to grant or deny a license
include information authorized or required to be kept confidential in accordance with Welfare
and Institutions Code Sections 600 to 900. After the investigation, including obtaining the
information pursuant to Section 18-1267 of this article, the chief of police sha11, within ten (10)
days of the receipt of the complete application, issue a report on the issuance of the adult live
entertainer license to the city manager, or designee thereof, and the city manager or designee
shall issue such license within the same ten-day (10) period unless one or more of the following
findings is true:
1. The applicant has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a license, permit or in any report or record
required to be filed with the city or county;
2. An applicant is under eighteen (18) yeazs of age;
3. An applicant has been convicted of a specified criminal act for which:
a. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for the specified criminal acts which aze sexual crimes against children;
sexual abuse; rape; or crunes connected with another adult business including, but not limited to,
distribution of obscenity; the distribution, display or sale of material hazmful to minors;
prostitution; or pandering,
b. Less than five years have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a felony
offense; for the specified criminal acts which aze sexual crimes against children; sexual abuse;
rape; or crimes connected with another adult business including, but not limited to, distribution
of obscenity; the distribution, display or sa(e of material harniful to minors; prostitution; or
pandering, or
-20-
R V PUBVv4Qv11668212.1
a Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the convictions are of two or
more misdemeanors for the specified criminal acts which aze sexual crimes against children;
sexual abuse; rape; or crimes connected with another adult business including, but not limited to,
distribution of obscenity; distribution, display or sale of material hazmful to minors; prostitution;
or pandering; conviction of any such offense occurring withict twenty-four (24) months prior to
application;
4. The adult live entertainer will be performing in a building structure and
locafion which does not comply with the requirements or meet the standazds of the health,
zoning, fire and safety laws of the state of California and ordinances of the city applicable
thereto;
5. The applicant has had an adult live entertainer license revoked by the city
within two yeazs of the date of the current application;
6. The adult live entertainer license is for a business prohibited by a local or
state law, statute, rule or regulation, or prohibited in the particulaz location by the provisions of
this code; or
7. The applicant has been refused a license or had a license revoked by this
city or any other county or municipaliTy within two yeazs of the date of the current application.
C. In the event the information requested pursuant to Section 18-1268(B) of this
article is not available within said ten-day period, the chief of police shall--if the application
otherwise meets the requirements of this code--issue a report on the issuance of the adult live
entertainer license; whereupon the city manager, or designee thereof, shall issue the same.
Should the information obtained pursuant to Section 18-1268(B) of this article materially vary
from that on the application, such variance shall be cause to suspend or revoke the license. Any
license issued prior to the city receiving the information required by Section 18-1268(B) of this
article sha11 state cleazly on its face that the license is subject to suspension on revocation
pursuant to this article.
D. The city clerk shall send to the applicant or licensee, by certified mail, return
receipt requested, written notice of the action to issue or deny the license within ten days of the
receipt of a completed application. The decision of the city manager, or designee thereof, to issue
or deny issuance of the license sha11 be subject to appeal in accordance with the following
procedures:
1. The appeal shall be submitted to and received by the city clerk within ten
(10) days of the date of such action for which the appeal is made. The appeal must be in writing
on forms provided by the city, together with an appeal fee established by resolution of the city
council, which may be amended from time to time. All appeals shall set forth the reason for
asserting the appeal.
-21-
RVPUB\MXM\668212J -
2. When a timely appeal is filed, the city council shall heaz the matter or
appoint a hearing officer to conduct a hearing on the matter. The hearing officer may be such
person or body designated by the city council to perform a11 or a portion of their duties, or may
be another official or body from another city or agency, or other person qualified to conduct a
review of the matter. The hearing for an appeal shall take place within ten (10) business day of
the receipt of the appeal. All parties involved sha11 have the right to offer testimonial,
documentary and tangible evidence bearing on the issues; and may be represented by counsel.
Any relevant evidence may be admitted that is the sort of evidence upon which reasonable
persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section
may be continued for a reasonable time for the convenience of a party or a witness.
3. The city council or hearing officer shall render a written decision on the
matter within five (5) days of the close of the hearing on the appeal. In no event may the appeal
hearing be continued for longer than tUirty days unless the applicant consents to a longer period
of time.
E. The decision of the city council or hearing officer concerning the appeal of a
denial of a license shall be final. The applicant or permittee may seek prompt judicial review of
such aduiinistrative action in a court of competent jurisdicrion as provided by law, pursuant to
California Code of Civil Procedure Section 1094.5 et seq. The city shall make a11 reasonable
efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.
Sec. 18-1269. Conduct of adult live entertainer.
In addition to the.requirements of this title, adult live entertaimnent sha11 be subject to the
following regularions:
A. No adult live entertainer shall mingle or fratemize with the patrons on the
premises of the adult business while performing.
B. Adult live entertainers shall be restricted to perfornung on a raised platform which
is at least eighteen (18) inches above the floor level, and a minimum of six feet in distance from
the nearest patron or customer. A rail of at least forty-two (42) inches in height shall be installed
azound the perimeter of the stage.
C. No adult live entertainer shall:
1. Engage in a couch dance or straddle dance with a patron at the business;
2. Contract or otherwise agree to engage in a couch dance or straddle dance
with a patron at the business;
3. Engage in the display or exposure of any specified anatomical area or
engage in or simulate a specified sexual activity while intentionally touching a patron at the adult
business;
-22-
RVPUBWIXM1668212.1
4. Engage in the display or exposure of any specified anatomical azea or
engage in or simulate a specified sexual activity closer than six feet from any patron.
D. No employee, regazdless of whether or not a license or other permit has been
•issued for said business under this chapter, shall engage in a performance, solicit a performance,
make a sa1e, solicit a sale, provide a service or solicit a service between the hours of two a.m.
and nine am. of any particular day: ,
Sec. 18-1270. Expirafion and renewal of license.
T'he adult live entertainer license granted pursuant to this chapter shall be subject to
annual renewal by the city manager, or designee thereof, upon the written application of the
applicant and a fmding by the city manager, or designee thereof, and the chief of police that the
applicant has not committed any offense or committed any act during the existence of the license
which would give grounds to deny the license or refuse the renewal or to revoke the license. If in
reviewing the application for renewal of the license, the city manager, or designee thereof,
determines tt�at the application will likely be denied, then the city manager, or designee thereof,
shall cause an administrative hearing to be held within ten days of the date on which the renewal
application was filed,with the city. At the hearing, the applicant may present evidence supporting
the application or contradicting the evidence presented by the city. The decision of the city
manager or designee thereof, to deny renewal of the license st�all be subject to appeal to the city
council by following the same procedures as set forth in Section 18-1253(E) of this article. The
renewal of an adult live entertainer license shall be subject to payment of a fee as set by a
resolution of the city council.
Sec. 18-1271. Suspension and revocation of license.
Any license issued hereunder may be suspended or revoked by the city for a violation of
the provisions of this chapter or a failure to comply with the provisions hereof. Any proceeding
to consider the suspension or revocation of a license shall utilize the procedures to suspend or
revoke an adult business license set forth in Sections 18-1257, 18-1258 and 18-1259 of this
article."
Division 4. Figure Model Licenses.
Sec.18-1272. Definitions.
The following terms used in this division sha11 have the meanings indicated below:
A. Appeal. "Appeal," as used herein, shall have the same meaning as set forth in
Section 18-1251(B) ofthis article.
B. Figure Model. °Figure model" means any person, male or female, who models or
poses at a nude model studio while nude or semi-nude to be observed, viewed, sketched, painted,
drawn, sculpted, photographed or otherwise similazly depicted.
-23-
RVPUBU�IXM\668212.1
C. Nude, Semi-Nude and State of Nudity. "Nude,", "semi-nude" and "state of
nudity," as used herein, shall have the same meaning as set forth in Section 18-1251(F) of this
article.
D. Nude Model Studio. "Nude model studio" sha11 have the same meaning herein as
defined in Section 18-1251(A) of trus article.
Sec. 18-1273. License Required.
No person shall engage in, conduct, perform, model or pose as a figure model, or
conduct, manage or carry-on any place where such posing or modeling is available or open to the
public within the city without first obtaining a figure model license pursuant to the provisions of
this chapter, and securing the necessary zoning permits and business licenses required by the
code. No person shall act as a figure model for a fee or gratuity without a license from the city.
Sec. 18-1274. License application--Contents.
A. Applications for figure model licenses sha11 be filed with the city manager on
forms supplied by the city, together with a fee established by resolution of the city council to
cover the cost of processing and investigation. T'he application shall be signed and verified by the
applicant and shall wntain such information as set forth below. The city manager may require
that the applicant be fingerprinted and photographed.
B. Any applicant for a license shall submit the following information:
1. The full name and present address of the applicant;
2. The two previous addresses immediately prior to the present address of the
applicant;
3. Written proof that the applicant is over the age of eighteen (] 8) years;
4. ApplicanPs height, weight, color of eyes, and hair;
5. ApplicanYs business, occupation or employment for the three yeazs
immediately preceding the date of the application;
6. The business license and/or pemut license history of the applicant,
including whether the applicant has ever had any license or pemvt issued by any agency, board,
city, county, temtory or state. The date of issuance of such license or permit, including whether
the license or pemut was denied, revoked or suspended shall also be included;
7. Information concerning specified criininal acts for which:
a. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for the specified criminal acts which are sexual crimes against ciuldren;
-24-
RVPUB1MXIv1�668212.1 �
sexual abuse; rape; or crimes connected with another adult business including, but not limited to,
distribution of obscenity; the distribution, display or sale of material harmful to minors;
prostitution; or pandering,
b. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichevei is the later date, if the conviction is of a felony
offense; for the specified criminal acts which aze sexual crimes against children; sexual abuse;
rape; or crimes connected with another adult business including, but not limited to, dishibution
of obscenity; the distribution, display or sale of material hannful to minors; prostitution; or
pandering, or
c. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the convictions aze of two or
more misdemeanors for the specified criminal acts which aze sexual crimes against children;
sexual abuse; rape; or crimes connected with another adult business including, but not limited tq
distribution of obscenity; distdbution, display or sale of material harmful to minors; prosUtution;
or pandering; conviction of any such offense occurring within twenty-four (24) months prior to
application;
8. Authorizarion for the city, its agents and employees, to seek verification of
the information contained in the application;
9. A statement in writing, signed and dated by the applicant, that he or she
certifies under penalty of perjury that a11 information contained in the application is true and
correct.
Notwithstanding the fact that an application filed hereunder may be a"public record"
under Government Code Section 6250 et seq., cer[ain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or permit
scheme established herein which is personal, private, confidential or the disclosure of which
could expose the applicant to a risk of hann. Such information includes, but is not lunited to, the
applicant's residence address and telephone number, the applicanYs date of birth and/or age, the
applicant's driver's license and/or Social Security Number, and/or personal financial data. The
city council in adopting the application and licensing and/or pemut system set forth herein has
determined in accordance with Govemment Code Section 6255 that the public interest in
disclosure of the information set forth above is outweighed by the public interest in achieving
compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security
interests are protected. The city clerk shall cause to be obliterated from any copy of a completed
license application made available to any member of the public, the information set forth above.
Sec. 18-1275. Issuance of license--Investigation.
A. Upon receipt of a license application, the city manager or designee shall
determine whether it is complete and contains all information required by this section wittiin two
(2) days of its receipt. If the application is incomplete, the city manager or designee shall deny
the application and immediately inform the applicant in writing of the items needed to complete
the application.
-25-
RVPUBVv1XM�6682121
B. Upon receipt of a completed application, the city manager, or designee thereof,
sha11 refer the application to the chief of police to investigate and verify the information
contained in the application. The chief of police may refer the application to any law
enforcement body or authorized law enforcement contractor to assist in this determination. In no
event shall the investigation or the decision to grant or deny a license include information
authorized or required to be kept confidential in accordance with Welfaze and Institutions Code
Sections 600 to 900. The chief of police shall, within ten days of the filing of a complete
application, recommend that the city manager, or designee thereof, approve, conditionally
approve or deny the application based on the information obtained during the background
investigation. Whereupon the city manager, or designee thereof, shall issue or deny the same. In
the event the background information requested is not available within said ten-day period, the
chief of police shall--if the application otherwise meets the requirements of trus code--
recommend issuance of the figure model license. Should the information obtained materially
vary from that on the application, such variance shall be cause to suspend or revoke the license.
Any license issued prior to the city receiving the information required by this section shall state
cleazly on its face that the license is subject to suspension or revocation pursuant to Sections 18-
1257, 18-1258 and 18-1259 of this article. In no event shall the decision to grant or deny the
license be based on information authorized or required to be kept confidential pursuant to
Welfare and Institutions Code Sections 600-900.
C. The city manager, or designee thereof, sha11 issue such license within the ten-day
period as requested, unless the city manager, or designee thereof, makes any of the following
fmdings:
1. The applicant:
a. Has been convicted of a violation of California Penal Code
Sections 266h; 266i; 314; 315; 316; 318; subsections (a), (b), and (h), of Penal Code Section 647,
or any other provision of law pursuant to which a person is required to register under the
provisions of Penal Code Section 290;
b. Has been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the
Califomia Penal Code or any similar provisions of law in a jurisdiction outside the state of
California;
a Has been convicted of any offense in any other. state which is the
equivalent of any of the above-mentioned offenses;
d. Reserved;
e. Has committed an act in another jurisdiction, if done by a licensee
under this article, would be grounds for denial, suspension or revocation of the license;
-26-
RVPUB\MXM1668212.1
f. Has been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the qualifications, functions
or duties of the licensee;
g. The applicant has made a false; misleading or fraudulent statement
of fact to the city in the license application process;
h. The application does not contain all of the information required;
i. The nude model studio, where the applicant proposes to use the
license, does not comply with all applicable laws, including, but not limited to, health, zoning,
fire and safety requirements and standazds.
2. The location of the proposed nude model studio is at a site or location that
does not meet the requirements of article IX of tide 88 of this code.
D. The city clerk sha11 send to the licensee, by certified mail, rehun receipt
requested, written notice of the action to issue or deny the license within ten days of the receipt
of the application. The decision of the city manager, or designee thereof, to issue or deny
issuance of the license shall be subject to appeal in accordance with the procedures contained in
Section 18-1251(E) of this code.
E. The decision of the city council or hearing officer conceming the appeal of a
denial of a permit shall be final. The applicant or permittee may seek prompt judicial review of
such administrative action in a court of competent jurisdiction as provided by law, pursuant to
Califomia Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable
efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.
Sec. 18-1276. Transfer and duration of license.
A. No license issued hereunder sha11 be transferable to any other person.
B. Figure model licenses shall be issued for the period of twelve (12) months and
shall expire twelve (12) months from issuance.
C. Renewal application shall be filed no later than tUiriy (30) days prior to the
expuation of the license to prevent a lapse of the license.
D. Each applicant for renewal shall file such information as may be required by the
city manager to update the information required for his or her original license application. The
application for renewal shall include the appropriate filing fees as set by resolution of the city
council.
Sec. 18-1277. Disrobing prohibited.
It is unlawful and a misdemeanor subject to punishment in accordance with Section 1-10
of this code for any person, customer or patron to disrobe while on the premises. A person
_Z'7_
R VPUB\MJQvI\G68212.1
operating a nude model studio shall cause a sign, to be posted in a conspicuous space visible
from the main entrance of the establishment, containing the message, with one and o�e-half inch
height and width lettering, which reads:
'PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES.'
A person that operates a nude model studio who knowingly pernuts a
customer or patron to disrobe shail subject their adult business license to suspension and/or
revoca6on pursuant to this article.
Sec. 18-1278. Figure model license.
No operator of a nude model studio shall employ or utilize the services in any way of a
figure model who does not possess a valid license therefore.
Sec. 18-1279. Figure model license—Display.
The license issued pursuant to this chapter for each figure model sha11 be displayed
within an azea on the premises open to the public at a11 times. The identificaUon card issued to a
figure model shall be available for display to any police officer or other city officer upon
demand.
Sec. 18-1280. Suspension, revocation, denial and appeal.
A. Violation. The city manager may refuse to renew a license or may revoke or
suspend an existing license on the grounds that the applicant or license holder has fai(ed to
comply with the license conditions or other requirements of this chapter. If in reviewing the
application for renewal, the city manager, or desigiee thereof, detem�iues that the application
will likely be denied, then the ciTy manager, or designee thereof, sha11 cause an administrative
hearing to be held within ten days from the date on which the complete application was filed
with the city. At the hearing, the applicant may present evidence supporting the application or
contradicting the evidence presented by the city. If a suspended license lapses during the
suspension period, a new application must be made at the end of the suspension period. In any
such case, the applicant or license holder shall have the right to appeal to the city council in the
time and manner set forth in this section.
B. Revocation and Suspension.
1. The city manager, or designee thereof, may revoke or refuse to renew a
figure model license if he or she makes any of the findings for denial of a license under Section
18-1275(C) or 18-1277, or upon any subsequent violation of any provision of this article witrun
one yeaz following a prior suspension under subdivision (2) below.
2. The city manager, or designee thereof, may suspend a figure model license
for a period of thir[y (30) days for any violation of the provisions of this article.
_Zg_
RVPUBIMXM\668212.1
C. Notice. When the city manager concludes that grounds for denial, suspension,
revocation or refusal to renew a license exist, the city manager shall serve the applicant or
license holder, either personally or by certified mail, addressed to the business or residence
address of the applicant or license holder, with a notice of denial or notice of intent to suspend,
revoke or refusal to renew license. In the event certified mail is used, the Notice shall also be
sent by regulaz first-class mail to the same address with postage fully paid thereon. This notice
shall state the reasons for the pmposed action, the effective date of the decision if no appeal is
filed by applicant or license holder, and the right of the applicant or license holder to appeal to
the city council.
D. Appeal. The applicant or license holder may appeal the decision of the city
manager by following the same procedwes as set forth in Section 18-1253(E) of this article.
Sec. 18-1281. Violation and penalty.
It is unlawful and a misdemeanor for any person to engage in, conduct, perform model or
pose as a figure model without obtaining the figure model license required by this article.
Violations sha11 subject the violator to punishment in accordance with Section 1-10 of this code.
Violation of the provisions of this chapter by existing licensees shall subject their license to
suspension and/or revocation in accordance with the provisions in this article."
SECTION 5. Article IX of Title 18 of the Azusa Municipal Code is hereby amended
and restated in its entirety to read as follows:
"ARTICLE IX. ADULT USE ZONING REGULATIONS
Sec.88-1700. Findings.
It is the purpose and intent of this chapter to provide for the reasonable and uniform
regulation of adult businesses in the city. It is recognized that adult businesses have a serious
deleterious effect upon adjacent azeas, as well as the azeas in wtrich they are located. It is
therefore the purpose of this article to establish criteria and standards for the establishment and
conduct of adult businesses which will protect the public health, safety and welfare, preserve
locally recognized values of community appeazance, minimize the potential for nuisances related
to the operation of adult businesses, and maintain local pmperty values.
It is the purpose and intent of this chapter to establish proper regulations and to provide
for a reasonable number of approxunately located sites for adult businesses within the city, based
upon the following fmdings:
A. The city council has reviewed the 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 businesses. These studies included Upland,
California (1992); Gazden Grove, Califomia (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
-29-
RVPUBIMXM\668212.1
(1980); P phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977);
Cleveland, Ohio (1977); Los Angeles, California (197'n; State of Minnesota, Attoiney 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 E�chibit "A," substanriate the adverse,
secondary effects of adult businesses.
B. Based on the foregoing Studies and the other evidence presented, the city council
finds that:
1. Adult businesses aze linked to increases in the crime rates of those azeas in
which they aze located and that surround them; and
2. Both the proximity of adult businesses to sensitive land uses and the
concenttation of adult businesses tend to result in the blighting and downgrading of the azeas in
wluch they aze located.
C. The Studies conducted in various communities in other jurisdictions have
demonstrated that the proxunity and concentration of adult businesses adjacent to residential,
recreational, religious, educational or other adult businesses can cause other businesses and
residents to move elsewhere.
D. The Studies conducted in various communities in other jurisdictions have
demonstrated that adult businesses aze linked to increases in the crime rates and blighting of
those azeas in which they aze located and that surround them.
E. The special regulation of adult businesses is necessary to ensure that their adverse
secondary effects will not contribute to an increase in the crime rates or the blighting or
downgrading of the areas in which they aze located or surrounding azeas. The need for the
special regularion is based on the recognition that adult businesses have serious objectionable
operational characteristics, particulazly when several of them aze concenfrated under certain
circumstances or located in direct proximity with sensitive uses such as residential zones and
uses, parks, schools, churches or day caze centers, thereby having a deleterious effect upon the
adjacent azeas.
R It is the purpose and intent of these special regulations to prevent the
concentration or location of adult businesses in a manner that would create such adverse
secondary effects. Thus, in order to protect and preserve the public health, safety, and welfaze of
the citizenry, especially including minors, the special regulation of the time, place and manner of
the location and operation of adult businesses is necessary.
G. The protection and preservation of the public health, safety and welfare require
that certain distances be maintained between adult businesses and residential uses and zones,
churches, schools, day care centers, parks and other adult businesses.
-30-
RVPUBVNXM�668212.1
H. The need to regulate the proxixnity of adult businesses to sensitive land uses such
as residential, religious, educational, recreational and other adult businesses aze documented in
Studies conducted by other jurisdictions as listed elsewhere in this secfion.
L The report of the state of Minnesota Attomey General's Working Group on the
regulation of sexually oriented businesses dated June 6, 1986, indicated that:
1. Community impacts of sexually oriented businesses aze primarily a
function of two variables, proximity to residential azeas and concentration. Property values aze
d'uectly affected within a small radius, typically one block, of the location of a sexually oriented
business. Concentration may compound depression of property values and may lead to an
increase of crime sufficient to change the quality of life and perceived desirability of property in
a neighborhood; and
2. The unpacts of sexually oriented businesses aze exacerbated when they aze
located neaz each other. When sexually oriented businesses have multiple uses (i.e. theater,
bookstore, nude dancing, peep booths), one building can have the impact of several separate
businesses.
J. In consideration of the findings of the report of the state of Minnesota Attorney
General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it
is appropriate to prohibit the concentration of multiple adult businesses within one building in
order to mitigate the compounded adverse secondary effects associated with such concentrations
as described above.
K. The provisions of this chapter have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including sexually-
oriented materials, that are protected by the First Amendment of the United States Constitution
and the relevant provisions of the Califomia State Constitution.
L. T'he proposed pazking standazds aze necessary in the interests of the public health,
safety, and welfaze to provide for an appropriate amount of off-street pazking.
M. The city council takes legislative notice of the Penal Code provisions authorizing
local governments to regulate matter that is harmful to minors (e.g. Penal Code Section 313 et.
seq.) The city council further takes legislative notice of cases that recognize that protection of
minors from sexually explicit materials is a compelling govemment interest, including, but not
limited to, Crawfore v. Lungren (9� Cir., 1996) 96 F3d 380, cert.denied 520 U.S. 1117 (1997)
and Berry v. City of Santa Barbara (1995) 40 Cal.App.4th 1075.
N. In adopting these regulations, the city council is mindful of legal principles
relating to regulation of adult businesses and does not intend to suppress or infringe upon any
expressive activities pmtected by the First Amendments of the United States and Califomia
Constitutions, but instead desires to enact reasonable time, place, and manner regula6ons that
address the adverse secondary effects of adult businesses. The city council has considered
decisions of the United States Supreme Court regazding adverse secondary effects and the local
regulation of adult businesses, including but not lunited ta Young v. American Mini Theaters.
-31-
RVPUB�MX[vn668212.1
Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Plavtime Theaters, 475 U.S. 41
(1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Bames v.
Glenn Theater, 501 U.S. 560 (1991), and City of Erie v. Paps A.M. (2000) 529 U.S. (2000
Daily Journal DAR 3255), United States Court of Appeals 9th Circuit decisions, including but
not limited to: Touanga Press, et al. v. Ciri of Los Angeles. 989 F.2d 1524 (1993); Kev. Inc. v.
Kitsap Countv, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. Citv of Kent, 163 F3d 545 (9th Cir.
1998), pet. For cert. Filed (1999); several California cases including but not limited to: Tilv B. v.
City ofNewport Beach, 69 Cal.App.4th 1(1998); City ofNational City v. Wiener, 3 Cal.4th 832
(1993); Peo�le v. Superior Court (Lucero�49 Cal.3d 14 (1989); and City of Vallejo v. Adult
Books, et al.. 167 Ca1.App3d 1169 (1985); and other federal cases including Lakeland Lounee v.
City of Jacksonville (Sth Cir. 1992) 973 F.2d 1255, Hane On, Inc. v. Arlin t�on (Sth Cir. 1995)
65 F3d 1248, Mitchell v. Commission on Adult Entertaimnent (3rd Cir. 1993) 10 F3d 123,
Intemational Eateries v. Browazd Countv (llth Cir. 1991) 941 F.2d 1157, and Staz Satellite v.
Citv of Biloxi (Sth Cir. 1986) 779 F.2d 1074.
O. The City has conducted its own study of its land use districts and planning azeas
and has determined that the establislunent of adult business in the M-1 & M-2 zone designations
is appropriate, subject to locational and distance requirements that promote the health, safety and
general welfaze of the public. The City also evaluated the locational and distance regulations in
this chapter for separating adult businesses from sensiUve land uses, and other adult businesses,
and determined the location and distance requirements aze appropriate to promote the health,
safety and general welfaze of the public.
P. The locational requirements do not unreasonably restrict the establishment or
operation of constitutionally protected speech in the City and a sufficient reasonable number of
appropriate locations for adult businesses aze provided.
Q. The city council recognizes that the standazds and regulations in this article do not
preclude reasonable altemative avenues of communication. The city council takes note of the
proximity of at least 15 adult businesses within thirty (30) minutes (drive time) of the City in
determining that the proposed standards do not preclude reasonable alternative avenues of
communication.
R. The city council recognizes that a sufficient number of appropriate locations for
establishing an adult business in the City aze provided considering the City's predominant
residential chazacter (approximately 69% is zoned for residential land use), the fact that there is
akeady one adult business sited in the city ("The Red Panty") and the fact that no formal
requests to establish an adult business have been received by planning department staff.
S. Finally, the city council also takes note of the proliferation of adult material on
the Intemet and its availability as an alternative avenue of communication. The city council also
considers and relies on published decisions examining the proliferation of communications on
the Internet. Reno v. American Civil Liberties Union (1997) 521 U.S. 844 (the principal channel
through which many Americans now transmit and receive sexually explicit communication is the
Intemet); see also: Anheuser-Busch v. Schmoke, 101 F3d 325, 329 (4th. Cir. 1996)(rejecting
First Amendment challenge to Baltimore ordinance restricting alcohol advertisements on
billboazds and acknowledging that the Internet is an available channel of communication); U.S.
-32-
R V P U B Vvl a7v1 \G 682I 2.1
v. Hockings, 129 F.3d 1069 (9th Cir. 1997); and U.S. v. Thomas, 74 F3d 701 (6th Cir. 1996)(cert
denied 519 U.S. 820). The emergence of the Intemet provides a virtually unlimited additional
source of adult oriented sexual material available to persons without regazd to geographic
boundaries. An adult business no longer needs to be actuaily physically located within a City to
be available to the community.
Sec. 88-1702. Definitions--Adult business.
An "adult business" is any business where employees or patrons expose specified
anatomical areas or engage in specified sexual activities, or any business which offers to its
patrons services or entertaiument characterized by an emphasis on matter depicting, exposi�g,
describing, discussing or relating to specified sexual activities or specified anatomical areas.
Adult businesses do not include bona fide medical establishments operated by properly
licensed and registered medical personnel with appropriate medical credentials for the treatment
of patients.
In determining whether a use is an adult business, only conduct or activities which
constitute a regulaz and substantial couise of conduct or a use which has a majority of its floor
area, stock-in-trade or revenue derived from material chazacterized by an emphasis on matters
depicting, exposing, describing, discussing or relating to specified sexual activities or specified
anatomical 1 azeas shall be considered. Isolated instances of conduct or activities described in trus
section as chazacterizing an adult business shall not be considered except where such activities,
taken together, constitute a regulaz and substantial course of conduct. Adult businesses include,
but are not limited to, the following:
A. Adult Arcade. An "adult azcade" means any place to which the public is permitted
or invited wherein coin-operated or slug-operated, or electronically, electrically or mechanically
controlled still or motion picture machines, projections or other image -producing devices aze
maintained to show images to five or fewer persons per machine at any one time, and where fhe
images so displayed aze distinguished or chazacterized by the depicting or describing of specified
sexual activities or specified anatomical azeas.
B. Adult Bookstore, Novelty Store, Video/DVD Store. "Adult bookstore, novelty
store, video/dvd store," is an establishment which has as a substantial portion of its stock-in-
trade, a majority of its floor area or revenue derived from and offering for sale for any form of
consideration, any one or more of the following:
1. Books, magazines, periodicals or other printed matter, photographs, films,
motion pictures, video cassettes, slides or other visual representations which aze chazacterized by
an emphasis upon the depiction or description of'specified anatomical azeas;
2. Instruments, devices or pazaphernalia wluch are designed for use in
connection with specified sexual activities; or
-33-
RVPUB�MXM1668212.1
� � �
3. Goods which aze replicas of or whiCh simulate, specified anatomical areas,
or goods which aze designed to be placed on or in specified anatomical azeas, or to be used in
conjunction with specified sexual activities to cause sexual excitement.
A commercial establishment may have other principal business purposes that do
not involve the offering for sale or rental of material depicting or describing "specified sexual
activities" or "specified anatomical azeas" and still be categorized as an adult bookstore, adult
novelty store or aduldvideo/dvd store. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an adult bookstore, adult novelty
store or adulUvideo/dvd store so long as one of its principal business purposes is the offering for
sale or rental for consideration the specified materials which aze chazacterized by the depiction or
description of specified sexual activities or specified anatomical azeas.
C. Adult Cabaret. An "adult cabareY' is a baz, nightclub or similaz establishment
which features dancers, strippers or similaz enter[ainers who expose specified anatomical azeas
of their bodies.
D. Adult Motel. An "adult motel" means a hotel, motel or similaz commercial
establishment which:
1. Offer accommodations to the public for any form of consideration;
pmvides patrons with closed circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which aze characterized by the depiction or
description of specified sexual acrivities or specified anatomical areas and has a sign visible from
the public right of way which advertises the availability of this adult type of photogaphic
reproductions; or
2. Offers a sleeping room for rent for a period of time that is less than ten
hours; or
3. Allows a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than ten hours.
E. Adult Motion Picture Theater. An "adult moUon picture theater" means a
commercial establishment where, for any form of consideration, films, motion pictures, video
cassettes, slides or sunilar photographic reproductions aze regulazly shown which aze
chazacterized by the depictions or description of specified sexual activities or specified
anatomical azeas.
F. Adult Tanning Salon. An "adult tanning salon" or "parlor" means a business
establishment where patrons receive tanning services in groups of two or more and where.
patrons or employees of the establishment expose specified anatomical azeas. Adult tanning
salon or pazlor also includes a business establishment where a patron and an employee of ttte
establishment aze nude or expose specified anatomical azeas. An adult tanning salon or pazlor
also includes a business establishment where the employees thereof aze nude or expose specified
anatomical azeas.
-34-
RVPUBVNXM\G68212.1
G. Adult Theater. An "aduk theater" is any place, building, enclosure, theater,
concert hall, auditorium or structure, partially or entirely used for live performances or
presentations, which place, building, enclosure, theater, concert hall, auditorium or structure is
used for presenting matter chazacterized by an emphasis on depicting, exposing, describing or
relating to specified sexual activities or specified anatomical azeas for observation by patrons
therein. Such place sha11 also include an adult theater wherein persons aze regulazly featured
appeaazing in a state of nudity or giving live performances which are chazacterized by the
exposure of specified sexual activities or by specified anatomical azeas.
H. Employee. 'Bmployee" means a person who performs any service on the
premises of an adult business on a full-time, part-time or contract basis, whether or not the
person is denominated as an employee, independent contractor, agent or otherwise and whether
or not said person is paid a salary, wage or other compensation by the operator of the adult
business. Employee does not include a person exclusively on the premises to conduct repair or
maintenance for the premises or equipment on the premises or for the delivery of goods to xl�e
premises.
I. Nude Model Studio. A"nude model studio" means any place where a person who
appeazs in a state of nudity or displays specified anatomical azeas is provided to be conversed
with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by
other persons, for any form of consideration. Nude model studio sha11 not include any classroom
of any school licensed under state law to provide art education, while such classroom is being
used in a manner consistent with such state license.
J. Sex SupermazkeUSex Muu-Mall. A"sex supermazket/sex mini-ma11" means the
establishment or operation of more than one type of aduit business or use as defined in this title
within the same building.
K. Sexual Encounter Center. "Sexual encounter center" means a business or
commercial enterprise that, as one of its primary business purposes, offers for any form of
consideration:
l. Physical contact in the form of wrestling or hunbling between persons of
the opposite sex; or
2. Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or is semi-nude.
L. Sexually Oriented Business. A"sexually oriented business" is any business where
employees or patrons expose specified anatomical azeas or engage in or sunulate specified sexual
activities, or any business which offers to its patrons services or entertainment characterized by
an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual
activities or specified anatomical areas.
Sec. 88-1704. AddiHonal defmitions.
-35-
RVPUB\MXM\G68212.1
In addition to the terms defined in Section 88-1702, the following words and pluases
sha11 have the meaning set forth below:
A. Appeal. Wherever reference to an appeal being filed or available to be filed, such
right of appeal shall also include the right to appeal administrative detemunations concerning
the interpretation of this article made by the city manager/designee to the plazining commission
and city council.
B. Establishment. An "establishment" means and includes any of the following:
1. The opening or commencement of any adult business as a new business;
2. The conversion of an existing business, whether or not an adult business,
to any adult business;
3. T'he addition of any adult business to any other existing adult business; or
to another existing non-adult business, with or without expansion of floor azea;
4. The relocation of any adult business; or
5. 1'he expansion or enlaigement of the premises by ten percent or more of
the existing floor area.
C. NudiTy or a State of Nudity. "Nudity" or a"state of nudity" means the showing of
the human male or female genitals, buttocks, pubic area, vulva, anus, ana1 cleft or the female
breast with less than a fully opaque covering of any part of the azeola.
D. Private Viewing Area. 'Private viewing azea" means an azea or azeas in an adult
business desi�ed to accommodate no more than five or less patrons or customers for purposes
of viewing or watching a performance, picture, show, film, videotape, slide, movie or other
presentation. No private viewing azeas sha11 be established, maintained or authorized, and there
shall be no doors, curtains, stalls or other enclosures creating a private viewing azea.
E. School. "School" means any public or private educational institution which is run
by the state or a subdivision thereof or which is licensed by the state to offer pre-school,
elementary or secondary academic instruction -- includ'utg kindergartens, elementary schools,
middle orjunior high schools,and high schools.
F. Semi-Nude. "Semi-nude" means the showing of the male genitals or female breast
below a horizontal line across the top of the areola at its highest point or the showing of a
substantial portion of the male or female buttocks. This definition sha11 not include any'portion
of the cleavage of the human female breast, e�chibited by a dress, blouse, skirt, leotard, bathing
suit or other wearing appazel provided the azeola is not exposed in whole or in part
G. Specified Criminal Act. A"specified criminal act" also means "specified criminal
acts" and includes sexual crimes against children; sexual abuse; rape; or crimes connected with
another adult business including, but not limited to, the distribution of obscenity; violations
-36-
RVPUB\MXbn668212.1
involving the distribution, display or sale of material harmful to minors; prostitution; or
pandering. Specified criminal acts shal] exclude those acts which aze authorized or required to be
kept confidential pursuant to Welfaze and Institutions Code Sections 600-900.
Sec. 88-1706. Definitions—Specified anatomical areas and specified sexual activities.
The following words and phrases when used in this title shall have the meaning sef forth
below:
A. Specified Anatomical Areas. "Specified anatomical azeas" include any of the
following human anatomical areas:
1. Less than completely and opaquely covered genitals, pubic regions,
buttocks, anuses or female breasts below a point immediately above the top of the areola; or
2. Human male genitats in a discemibly turgid state, even if completely and
opaquely covered.
B. Specified Sexual Activities. "Specified sexual activities" include all of the
following:
1. The fondling or other eroric touching of the following human anatomical
areas: genitals, pubic regions, buttocks, anuses or female breasts;
2. Human sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
3. Human masturbation, actual or simulated;
4. The actual or simulated infliction of pain by one human upon another, or
by an individual upon himself or herself, for the purpose of the sexual gratification or release of
either individual, as a result of flagellation, beating, striking or touching of an erogenous zone,
including without limitation, the thigh, genitals, buttock, pubic region or, if such person is a
female, a breast; '
5. Sexual intercourse, actual or simulated, between a human being and an
animal; or
6. Excretory functions as part of or in connection with any of the activities
set forth in subdivisions (1) through (5), above.
Sec. 88-1708. Adult use planning permit--Adult business--Application.
In order to operate an adult business within ttus city, the applicant or proprietor of the
business must obtain the license requued by article XXI of title 18 and any other license required
by this code and an adult use plam�ing permit as required herein. It shall be unlawful and a
misdemeanor, subject to punishment in accordance with Section 1-10 of this code, for an owner,
-37-
RVPUB\MXN1�668212.1
i •
operator, manager or employee to operate an adult business without pmcessing an adult use
planning permit--including an interun adult use planning permit required by this article and any
license required by article XXI of title 18 of this code. All applicants for such a permit, in
addition to any application or documents required to be filed pursuant to the provisions of trus
title, shall file a written, signed and verified application on a form provided by the director of
community development evidencing the following:
A. The name and permanent address of the applicant;
B. The name and business address of the applicant. If the applicant is a corporation,
the applicant shall provide the name of the state of incorporation, the name shail be exactly as set
forth in its articles of incorporation and the applicant shall show the name and address each of
the officers, directors, and controlling stockholders owning at least fifiy percent of the stock of
the corporation and/or each officer, director, and controlling stockholder with day-to-day
management of the business. If the applicant is a partnership, the application shall show the
name and address of each of the partners, including limited partners with at least a fifty percent
ownership in the business or having day-to-day management responsibilities in the business;
C. Location and address of the proposed adult business;
D. Legal description of the subject property;
E. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the entertainment;
F. Proposed hours of operation;
G. A floor plan showing where the specific entertainment uses aze proposed to be
conducted within the building;
H. A site plan;
I. The name or names of the person or persons having responsibility for the
management or supervision of the applicant's business and of any entertaimnent;
J. Statement of the nature and character of the applicant's business if any, to be
carried on in conjunction with such entertainment.
Within two (2) business days of the receipt of the application, the community
development director, or his designee, shall determine whether it is complete and contains all
informarion required by this section. If the application is incomplete, the community
development director shall deny the applicarion and immediately inform the applicant in w+riting
of the items needed to complete the application.
Notwithstanding the fact that an application filed hereunder may be a"public record"
under Government Code Section 6250 et seq., certain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or permit
-38-
RVPUB\MXM�668212.1
scheme established herein which is personal, private, confidential or the disclosure of which
could expose the applicant to a risk of hann. Such informafion includes, but is not limited to, the
applicant's residence address and telephone number, the applicant's date of birth and/or age, the
applicanYs driver's license and/or Social Security Number, and/or personal fmancial data. The
city council in adopting the application and licensing and/or pernut system set forth herein has
determined in accordance with Government Code Section 6255 that the public interest in
disclosure of the information set forth above is outweighed by the public interest in achieving
compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security
interests aze protected. The city clerk shall cause to be obliterated from any copy of a completed
license application made available to any member of the public, the information set forth above.
Sec. 88-1710. Referral of application for iovestigation.
The community development director shall refer the completed permit application to the
chief of police to investigate and verify the information contained in the application. The chief of
police may refer the application to any law enforcement body or authorized law enforcement
contractor to assist in this detemunation.
A. After the investigation, including obtaining the informarion contained in the
application, the chief of police shall issue a report to the community development director, the
planning commission or city council as appropriate, and the community development director,
the planving commission or city council as appropriate, shall approve the adult use planning
permit unless one or more of the following findings are true:
1. That the applicant, his or her employee, agent, partner, director, officer,
controlling stock holder or manager has knowingly made any false, misleading or fraudulent
statement of material fact in the application for a pemut or in any report or record required to be
filed with any city or county agency or department;
.
2. That on the date that the business for which a permit is required herein
commences or thereafter, there will be no responsible person on the premises to act as manager
at all times during which the adult business is open;
3. That an applicant is less than eighteen (18) years of age;
4. That an applicant has been convicted of a specific criminal act for which:
a. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a
misdemeanor offense for the specified criminal acts which aze sexual crimes against children;
sexual abuse; rape; or crimes connected with another adult business including, but not limited to,
distdbution of obscenity; distribution, display or sale of material hannfiil to minors; prostitution;
or pandering,
b. Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the conviction is of a felony
offense; for the specified criminal acts which aze sexual crimes against children; sexual abuse;
-39-
RVPUBVv1XM1668212.1
rape; or crimes connected with another adult business including, but not limited to, distribution
of obscenity; distribution, display or sale of material harmful to minors; prostitution; or
pandering,
a Less than five yeazs have elapsed since the date of conviction or
the date of release from confinement, whichever is the later date, if the convictions aze of two or
more misdemeanors for the specified criminal acts which aze sexual crimes against children;
sexual abuse; rape; or crunes connected with another adult business including, but not lunited to,
distribution of obscenity; distribution, display or sale of material ham�ful to minors; prostitution;
or pandering; conviction of any such offense occurriug within twenty-four (24) months prior to
applicarion,
d. The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant,
e. An applicant who has been convicted of any of the above
described specified cruninal acts may qualify to own, operate or manage an adult business only
when the required time period has elapsed.
5. T'hat the application is incomplete.
B. In the event the information requested pursuant to this section is not immediately
available, the chief of police shall--if the application otherwise meets the requirements of this
code and the investigation conducted reveals none of the factors set forth in subsection A of this
section--report thereon. Whereupon, the city manager, or designee thereof, shall issue an Interim
Adult Use Planning Pemut within ten days of the receipt of the application. Should the
background informarion obtained by the chief of police materially vary from that on the
application, such variance shall be cause to revoke the Interim Adult Use Permit and any other
pernut or licenses upon wtuch such information is necessary. Any permit issued prior to the city
receiving the background information required shall state cleazly on its face that the pertnit is
subject to suspension or revocation pursuant to this code.
C. The city's decision to grant or deny the permit shall not include information
authorized or required to be kept confidential pursuant to Welfare and Institurions Code SecUons
600 to 900.
Sec. 88-1712. Reservation of right to review adult use planning permit--Changed
conditions.
Any adult use planning pemut granted or approved hereunder shall be granted or
approved with the city and its city council and planning commission retaining and reserving the
right and jurisdiction to review and modify the adult use planning permit--including the
conditions of approval--based on changed circumstances. Changed circumstances include, but
aze not limited to, the modification of the business, the change in scope, emphasis, size or nature
of the business, and the expansion, alteration, of change of use. The reservation of the right to
review 'any pemut granted or approval hereunder by the city, city council, and planning
commission is in addition to, and not in lieu of, the right of the city, city council, and planning
-40-
RVPUBVv1XM�668212.1
commission to review and revoke or modify any pernut granted or approved hereunder for any
violations of the conditions imposed on such permit.
Sec. 88-1714. Time limit for land use review and decisions—Adult Use Planning
Permits.
A. Interim Adult Use Plazu�iug Permit. In order to avoid undue delay or suppression
of any protected expression, the community development director shall make an initial
detemunation of the required information contained in the application to process an adult use
plamiing permit within five days of the date of filing the complete application. If the application
is sufficient to issue an interim adult use planniug permit, such shall be issued by the community
development d'uector within ten days of the date the application was deemed complete. A
sufficient application shall include, but not be limited to, the applicanPs meeting the
requirements to be issued an adult business license required by article XXI of title 18 of this code
and the proposed business must be located in the M-1 or M-2 zoning districts and subject to the
locational and setback requirements of this article. The granting of the interun adult use planning
pemut by the community development director is without prejudice to and does not preclude the
denial of the fmal adult use planning permit application filed by the applicant. The interun adult
use planning pernut shall terminate upon the planning commission takiug action on the final
adult use planning permit. No right to operate beyond the termination of the interim adult use
planning permit shall vest in the applicant if the applicant is unable or unwilling to obtain the
adult business license required by article X� of title 18 of this code and the final adult use
planning permit required by tlus article.
B. Final Adult Use Planning Permit. The planning commission shall approve or
disapprove the completed adult use planning permit application within ninety (90) days of its
acceptance as complete by the director. The time lunit established by this section may be
extended once for a period not to exceed ninety (90) days upon consent of the community
development director and the applicant. The application shall be processed and noticed in the
same manner as conditional use pemuts aze processed and noticed under state law.
l. To approve the final adult use plamiing pemut, the plauning commission,
or city council on appeal, must first make the following findings:
a. That all applicable filing fees have been paid;
b. That the applicant is not overdue in payment to the city of any
ta�ces, fees, fines or penalties assessed against or imposed in relation to an existing or former
adult business;
c. Tkiat the building, structure, equipment, and location used by the
business for which an adult business license is required complies with the requirements and
standards of the health, building, zoning, fire and safety laws of the State of California, the Los
Angeles County Fire Department, Los Angeles County Health Services Department and the city;
-41 -
RVPUBIMXM1668212.1
d. That the conduct of the adult business as proposed by the
applicant, if pemutted, will comply with a11 applicable laws, including but not limited to, the
city's building, zoning, fire, and health and safety regulations;
e. That the city currently has no evidence demonstrating that the
applicant has knowingly made any false, misleading or fraudulent statement of material facts in
the adult use plazu�ing pernut application or any other document required by the city in
conjuncrion therewith;
f. That the use is permitted in the zone, district or area in which it is
proposed to be located and is in confornuty with the applicable development standards of that
zone, district or azea--including the provision of required pazking;
g. That the use is in confomuty with the locational criteria set forth in
this article;
h. That the design of the site and the proposed improvements aze in
compliance with any applicable precise plan of design approved for the site;
i. That the proposed conduct of the adult business is in compliance
with all applicable performance standards of Section 88-1726 of this article.
2. In the event the planning commission, or the city council on appeal, denies
the fmal adult use planning pemvt application, the business shall cease its operations as an adult
business and no fiirther activities regulated by this article or article XXI of title 18 of this code
shall be conducted on the premises unless and until an adult use planning permit and all licenses
required by this code aze obtained. The interim adult use plaz�ning permit shall also terminate on
the date the adult use plamiiug permit application is denied.
3. If the pemut requested is for a development project for construction or
reconstruction subject to the Permit Streamlining Act (Govemment Code Section 65920 et seq.),
the time limits provided in the Permit Streamlining Act shall apply to the development project
for construction. The adult use pla�ning perniiYs approval or denial shall be conditioned upon
operation within the building to be constructed or reconstructed.
4. Upon the filing of an appeal, in accordance with SecUon 18-1253 of this
code, the city council or a designated hearing officer shall render its decision on the appeal
within sixty (45) days.
C. The decision of the city council or hearing officer concerning the appeal of a
denial, denial of renewal, suspension or revocation of a pemut shall be final. The applicant or
permittee may seek prompt judicial review of such administrative action in a court of competent
jurisdiction as provided by law, pursuant to Califomia Code of Civil Procedure Section 1094.5 et
seq. The City shall make all reasonable efforts to expedite judicial review in accordance with
Code of Civil Procedure Section 1094.8.
Sec. 88-1716. ApplicabiGty and nonconforming period.
-42-
RVPUB\MXM\668212.1
All design and performance standazds set forth in this article aze deemed to be necessary
for the protection of the public health, safety, and welfaze and shall be applicable and govem all
existing and proposed adult businesses immediately upon adoption and passage of this article.
In the event that there is any adult business lawfully in existence prior to the adoption of
this article and is not in compliance with the design and performance standazds of this article,
any such adult business shall conform to all design and performance standazds within six (6)
months of the effective date of this chapter.
Notwithstanding anything to the contrary contained in this section, the amortization
period for a nonconforming use that is govemed by consent decree or other court action shall
have the amortization period established by such consent decree or court action.
Sec. 88-1718. Extension of nonconforming amortizafion period adult businesses.
A. An application for extension of the amortization period for an adult business
which is a nonconforming use shall be made as provided in Section 88-1718(C) of this code.
B. The owner of the property on which an adult business is located or the owner of
the adult business who desires to extend the amortization period must apply for approval of an
extension not later than six months prior to expiration of the amortization period, unless the
community development director deternunes that good cause is shown for late filing of the
application. Such application shall be made in writing on a form as prescribed by the community
development director and shall be accompanied by the required fee as established by resolu6on
of the city counciL The party requesting the extension of the amortization period sha11 beaz the
burden of proof in establishing that the amortization period established by Section 88-1716 is
unreasonable and that the requested extension is a reasonable amortization period for the owner
to receive a fair rate of return on the investment in the business. The par[y applying for the
extension shall furthermore be required in order to meet its burden of proof to submit the
documentation set forth in this section.
C. Not later than thirty (30) days after submittal of an application to extend the
amortization period, the community development director shall notify the applicant, in writing, if
the application is not complete. A complete application shall include:
1. The applicant's signature;
2. A written request for an extension of the amortization period which shall
include information relevant to the factors listed in subsection F below and shall identify the
term of the requested extension;
3. T'he required fees;
4. A mailing list and a set of gummed labels with the names, addresses and
taac assessor pazcel numbers of all owners of real property within a radius of three hundred (300)
feet from the eactemal boundaries of the property on which the adult business is located; and
- 43 -
RVPUBVv1XM\668212.1
5. A taac assessor's pazcel map identifying the properties to be notified withui
the tluee hundred (300) foot radius.
If the applicaUon is not complete, the community development director shall specify in
writing those parts which aze incomplete and shall identify the manner by which the application
can be made complete. If a written deternunation is not provided to the applicant within thirty
(30) calendar days after it is submitted, the application shall be deemed complete.
D. The plamiing commission shall hold a noticed public hearing on the request for an
extension.
E. Reserved.
F. Criteria and Findings. In determin;ng whether to grant an extension of the
amortization period for an adult business which is a nonconforming use, and in determining the
appropriate length of such an extension, the plamiing commission shall consider the amount of '
investment in the business, the opportunities for relocation to a legally pernussible site, the costs
of relocation, the effects of the business on the surrounding azea, and the following additional
factors:
The present actual and depreciated value of business improvements;
2. The applicable Internal Revenue Service depreciation schedule or
functional nonconfidential equivalents;
3. The remaining useful life of the business unprovements;
4. The remaining lease term;
5. The ability of the business and/or land owner to change the use to a
conforming use;and
6. The date upon which the property owner and/or business operator received
notice of the nonconforming status of the adult business and the amortization requirements.
G. The planning commission, or city council on appeal, shall receive and consider
evidence presented by the applicant and any other persons, and shall make findings that the
amortization period it establishes is reasonable in view of the evidence and the criteria set forth
above.
Sec. 88-1720. Continuation of nonconforming buildings and uses.
A. Any nonconforming building may be continued and maintained, except as
provided in this article, provided there are no structural alterations, except as provided in this
article.
-44-
RVPUB\MXM�668212.1
�
B. Any nonconfomung use may be continued, except as provided in this article,
provided that the use sha11 not be increased, enlazged, extended or altered, except as provided in
this article.
Sec. 88-1722. Removal or alterations of nonconforming uses.
The following provisions sha11 apply to nonconforming adult businesses:
A. The owner of any adult business which is a nonconforming use may apply for
extension of the amortization period, pursuant to Section 88-1718 of this article. Such
application shall be made prior to the expiration of the amortization period unless the reviewing
authority determines that good cause is shown for late filing of the application.
B. Upon the conclusion of the amortization period, any adult business which is a
nonconforming use shall cease all business operations and all signs, advertising, and displays
relating to said business shall be removed within thirty (30) days.
Sec. 88-1724. General provisions.
Adult businesses shall only be pernutted to be established in the C-2 and C-3 zone
designations and shall be subject to the location and design standazds specified by this article and
the requirement of an adult use plam�iug pemut as otherwise provided in this article and code.
Sec. 88-1726. Location, desigu and performance standards.
A. An adult business shall not be established or located within five hundred (500)
feet of:
1. Any residential zone, residential land use district or property used for
residential purposes, including mobilehome pazks and trailer pazks, within the City;
2. Any church, chapel or similar place of worship or property zoned, planned
or otherwise designated for such use by city action;
3. Any funeral parlor, mortuary, cemetery or similar facility, or property
zoned, planned or otherwise designated for such use by city action;
4. Any school, nursery, day caze center, pazk or playground or property
zoned, planned or otherwise designated for such use by city action;
5. Azusa Pacific University;
6. Any other recreational facility where minors congregate or property
zoned, planned or otherwise designated for such use by city action; or
7. The right-of-way boundaries of Foothill Boulevazd.
-45-
R W UB1IvD+�.91668212.1 �
B. An adult business sha11 not be established or located within five hundred (500)
feet of an existing adult business. If two or more existing adult businesses aze located in closer
proximity to each other than five hundred (500) feet, then in determicung which of the businesses
is or aze nonconfornung, preference shall be given in the order of the respective lengths of
continuous uninterrupted operation ofthe businesses.
C. For the purposes of this section, all distances shall be measured in a straight line,
without regazd to intervening shvctures, from the neazest point of the building or structure in
which the adult business is or will be located to the neazest property line of any land use, land
use district or zone described in subsection A of ttus section, or to the neazest point of the
building or structure in which an existing adult business described in subsection B of this section,
is located.
D. No advertising sigi or structure, advertisement, display or other promotional
material depicting specified anatomical areas or specified sexual activities or displaying
instruments, devices or pazaphemalia designed for use in connection with specific sexual
activities, shall be shown or exhibited so as to be visible from any eacterior area.
E. All building openings, entries and windows sha11 be located, covered or screened
to prevent viewing the interior from any exterior area.
F. No loudspeaker or sound equipment audible to persons in any public exterior area
shall be used in connection with an adult business, and the business shall be so conducted that
sounds associated with the business aze not emitted into any public exterior area.
G. The establishment of an adult business shall comply with the applicable site
development standazds--including pazking--of the zone, district or area in which the adult
business is located, the building code, fire code, and the health and safety code of the city. An
adult business shall comply with the applicable city permit and inspection procedures. In
addi6on, adult businesses sha11 comply with the following performance standazds:
1. Each adult business shall have a business entrance sepazate from any other
non-adult business located in the same building. .
2. No adult business sha11 be operated in any manner that pernuts the
observation by the public of any material depicting, describing or relating to specified sexual
activities or specified anatomical azeas from any public way or from any location beyond the
walls of the building or portion thereof in which the adult business is conducted.
3. The building entrance to the adult business shall be cleazly and legibly
posted with a notice indicating that minors aze precluded from entering the premises.
4. Each adult business shall be provided with a manager's station for the
purpose of supervising activities within the business. A manager shall be on duty on the premises
during a11 times that the adult business is open to the public.
RVPUBVvIXM�668212.1
5. Any viewing room sha11 be visible from the manager's station of the adult
business, and visibility of the entire viewing room from the manager's station shall be neither
obscured nor obstructed by any curtain, door, wall or other structure.
6. All exterior areas of adult businesses, including buildings, landscaping and
parking azeas, shall be maintained in a clean and orderly manner free of trash, weeds and debris.
7. The ma�cimum occupancy load, fire exits, fire lanes and fire suppression
equipment sha11 be regulated, designed and provided in accordance with the regulations and
standazds of the County fire departrnent and the city's building departrnent.
8. No adult business shall operate between the hours of twelve a.m. and nine
a.m. of any particulaz day. No owner, operator, manager or employee of an adult business,
regardless of whether or not a pemut has been issued for said business under the provisions of
this code, shall allow such business to remain open for business or to pernut any employee 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 twelve a.m. and nine a.m. of any particulaz day or in
violation of the actual pemvtted hours of operation established in the conditions of approval for
the permit.
9. Off-street pazking sha11 be provided for the adult business as specified for
the zone, district or area in which the business is located in accordance with the pazking
provisions of this code and as follows:
Adult Theater, Adult Cabazet or Adult MoUon Picture Arcade. One pazking space
shall be provided for every two seats in the viewing room, or one pazking space shall be provided
for every two occupants per the allowable occupant load as established by the chief building
official and/or the fire marshal, whichever standard is greater. In addition, one pazking space
shall be provided for each employee on the maximum shifr.
10. Any person who operates or causes to be operated an adult business, other
than an adult motel and regardless of whether or not an adult business license l�as been issued to
said business under this code, which e�ibits on the premises in a viewing room or viewing
booth of less than one hundred fifty (150) squaze feet of floor space, a film, video cassette or
other video reproduction which depicts specified sexual activiUes or specified anatomical azeas,
shall comply with the following requirements:
a. Upon application for an adult business license, the application sha11
be accompanied by a diagram of the premises showing a plan thereof specifying the location of
one or more manager's stations, the location of all overhead lighting fixtures, and designating
any portion of the premises in which patrons shall not be pernutted. A manager's station(s) shall
not exceed thirty-two (32) squaze feet of floor azea.
b. No alteration in the configuration or location of a manager's station
shall be made without the prior cvritten approval of the director of wmmunity development.
-47-
RVPUB\MXM\668212.I
a It is the duty of the pemut-holder to ensure that at least one
employee is on duty and situated at each manager's station at all times that any patron is present
inside the premises.
d. The interior of the premises shall be configured in such a manner
that there is an unobstrvcted view from a manager's station of every azea of the premises to
which any patron is pemvtted access for a�y purpose, excluding restrooms. Restrooms shall not
contain video reproduction equipment. If the premises have two or more manager's stations
designed, then the interior of the premises shall be configured in such a manner that there is an
unobstructed view of each area of the premises to which any patron is pemutted access for any
purpose from at least one of the manager's stations. The view required in this subsection shall be
by direct line of sight from the manager's station.
e. It shall be the duty of the permit-holder and any employees present
on the premises to insure that the view area specified in subdivision d of this subsection remains
unobstructed by any doors, walls, merchandise, display racks or other materials at all times and
to insure that no palron is pernutted access to any azea of the premises which has been designed
as an area in which patrons sha11 not be pemutted in the application filed pursuant to this chapter.
1 L An on-site security program shall be prepazed and implemented including
the following items:
a. All off-street pazking azeas and building entries serving the adult
business shall be illuminated during all hours of operation with a lighting system designed to
provide an average maintained horizontal illumination of one foot candle of light on the pazking
surface and/or walkway. Tlus required lighting level is established in order to provide sufficient
illucnination of the pazking areas and walkways serving the adult business for the personal safety
of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall
be shown on the required site or plot plan and shall be subject to review for compliance through
the design review process by the community development director and the chief of police:
b. All interior portions of the adult business, except those azeas
devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation
with a lighting system designed to provide a minimum maintained horizontal illumination of not
less than two foot candles of light.
c. For adult businesses which exceed an. occupant load of one
hundred twenty five (125) persons, the provision of on-site securiTy personnel shall be required
during all"business hours pursuant to a plan to be reviewed and approved for adequacy by the
chief of police. Security personnel sha11 be licensed in accordance with the Califomia Business
and Professions Code, to the satisfaction of the chief of police.
12. Adult Motion Picture Theater.
a. A manager's station shall be located near the main entrance and the
station shall be provided with an unobstructed view of all motion picture private viewing areas.
�f�
RVPUBU�fXM\668212.1
b. No adult motion picture azcade shall be maintained or operated
unless the complete interior of the adult motion picture theater is visible upon entrance to such
adult motion picture theater. No partially or fully enclosed booths or partially or fully concealed
booths shall be maintained.
a M�imum Number of Devices. No person shall operate an adult
motion picture theater in which the number of image producing devices exceeds the maximum
occupancy load pernvtted in any room or partitioned portion of a room in which an image
producing device is located.
13. Adult HoteUMotel.
a. Evidence that a sleeping room in a hotel, motel or a similaz
commercial establishment has been rented or subrented and vacated two or more times in a
period of time that is less than ten hours on a recurring basis creates a rebuttable presumption
that the establishment is an adult hoteUmotel as that term is defined in this article.
b. A person is in violation of the provisions of this title if such person
rents or sub-rents a sleeping room at a location without an adult business license and an adult use
planning permit to a person or persons and within ten hours thereafter rents or sub-rents the same
room to another person(s) or sub-rents the same room to the prior renter.
Sec.88-1728. Couch dancing/straddle dancing and other sexual activities
prohibited.
For purposes of this section, "couch dancing" or "straddle dancing" shall be defined as an
employee of the adult business intentionally touching any patron while engaged in the display or
exposure of any specified anatomical azea, or while simulating any specified sexual activity.
A. No person shall operate or cause to be operated an adult business, regardless of
whether or not a pemut has been issued under this code, knowingly or with reason to know,
perxnitting, suffering or allowing any employee:
1. To engage in a couch dance or straddle dance with a patron at the
business;
2. To contract or othenvise agree with a patron to engage in a couch dance or
straddle dance with a person at the business;
3. To intentionally touch any patron at an adult business while engaged in the
display or exposure of a specified anatomical azea or engaged in.or simulating a specified sexual
activity;
4. To voluntarily be within six feet of any patron while engaged in the
display or exposure of any specified anatomical azea or engaged in or simulating a specified
sexual activity.
RVPUBVv4CM\668212.1
�
B. No employee of an adult business shall:
�
Engage in a couch dance or straddle dance with a patron at the business;
2. Contract or otherwise agree to engage in a couch dance or straddle dance
with a patron at the business;
3. Engage in the display or exposure of any specified anatomical azea or
engage in or simulate a specified sexual activity wkrile intentionally touching a patron at the adult
business;
4. Engage in the display or exposure of any specified anatomical area or
engage in or simulate a specified sexual activity closer than six feet from any patron.
C. No person at any adult business, regazdless of whetl�er or not said business is
pemutted under this code, shall intentionally touch an employee who is displaying or exposing
any specified anatomical azea or engaging in or simulating a specified sexual activity at the adult
business.
D. No person at any adult business, regazdless of whether or not said business is
pemutted under this code, shall engage in a couch dance or straddle dance with an employee at
the business who is displaying or exposing any specified anatomical azea or engaging in or
simulating a specified sexual activity.
E. No employee of an adult business, regazdless of whether or not a pemut has been
issued for said business under this chapter, shall engage in a performance, solicit a performance,
make a sa1e, solicit a sale, provide a service or solicit a service between the hours of two a.m.
and nine a.m. of any particulaz day.
Sec. 88-1730. EstabGshment of an adult business.
The establishment of an adult business shall include any of the following:
A. The opening or commencement of operation of any such business as a new
business;
B. The conversion of any existing business, (whether or not an adult business), to
any adult business;
C. The addition of any adult business to any existing adult businesses if the addition
results in enlazgement of the place of business. For the purposes of this subsection,
"enlazgement" means an increase in the size of the building within which the business is
conducted by either construction or use of an adjacent building or any portion thereof, whether
located on the same or an adjacent lot or pazcel of land."
-50-
RVPUB\MXM\6682121
SECTION 6. Severabilitv. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declazed invalid or unconstitutional ional.
SECTION 7. CEOA Deternunation. The adoption of this Oidinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the CEQA Guidelines. Specifically, the city council finds that it can be seen with
certainty that there is no possibility that the Ordinance in question may have a significant effect
on the environments, since the Ordinance establishes administrative and regulatory procedures
for the consideration and review of adult permits. Staff is directed to file a Notice of Exemption
with the Los Angeles County Clerk/Recorder Office within five (5) working days of project
approval.
SECTION 8. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a sumuiary thereof to be published within fi8een (15) days of the adoption and sha11 post a
Certified copy of this Ordinance, including the vote for and against the same, in the Office of the
City Clerk, in accordance with Govemment Code Section 36933.
PASSED, APPROVED, AND ADOPTED this ls` day (f M�a ch, 2004.
J /
Cristina Cruz Madrid, Mayor _ ,
ATTES .
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
Sonia R. Carval�ho, City
-51-
RVPUB\MXM�668212.1
�
�
I HEREBY CERTIFY that the foregoing Ordinance No. 04-04, was duly adopted
by the City Council of the City of Azusa at a regulazly scheduled City Council meeting held on
March 1, 2004, by the following vote of the Council, to wit:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON,
MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
-52-
RVPUB\MXM\668212.1
❑
EXHIBIT ��A°
C�
SUMMARY OF ADULT BUSINESS ADVERSE SECONDARY EFFECT S"PUDIES AND LETTERS
1. Environmental Reseazch Group - 1996
(Report: The American Center for Law and JusUce on the Secondary Impacts of Sex-
Oriented Businesses)
T'his report provides evidence showing that crime rates aze significantly higher in azeas
with one or more sex-oriented business than in compazable azeas without these businesses within
the same municipality. More specifically, sex-oriented businesses lead to significantly increased
property and personal crimes within a 1000 foot radius of the sites. Sex-related crimes occur
more frequently in residential neighborhoods containing a sex-oriented business than in
commercial azeas containing a sex-oriented business.
In addi6on, the presence of sex-oriented businesses is consistently and strongly
associated with perceived decreases in value of both residential and commercial properties in the
opinion of real estate appraisers and lenders. The presence of sex-oriented businesses in small
towns is likely to be magnified beyond that which would be expected in lazger cities because of
the more compact nature of downtowns and their relationship to surrounding neighborhoods.
2. Phoenix, AZ - 1979
(Study by: Planning Department of the City of PhoeniY)
Crime statistics in Phoenix show that all types of crimes, especially sex-related crimes
(mainly indecent exposure), occur with more frequency in neighborhoods where sexually-
oriented businesses are located.
3. Adams County, CO - 1991
(Adams County Sheriff Department)
Adult establishments attract transients, as well as patrons from outside the county in
which the businesses aze located. Crime staUstics also showed that all types of crimes, especially
sex-related crimes, occur with more frequency in neighborhoods where sexually-oriented
businesses aze located. Perpetrators of criminal activities at or neaz adult establishments often
have records for prior arrests for moral tutpitude crimes, sexual assaults, alcohol-related arrests,
and crimes of violence.
4. Manatee County, FL - 1987
(Adult Entertainment Business Study for Manatee County, Florida)
This study reports on previous studies from Austin, Indianapolis, and Los Angeles to
support the theory that higher crune rates exist, particulazly for sex-related crunes, in azeas
located neaz adult businesses. Further, the study reports that adult entertainment establistunents
have a negative effect upon property values and perceptions in a neighborhood. Furthermore,
-53-
RVPUBVvIXM�668212.1
adult entertainment businesses tend to locate in azeas with poorer residential conditions.
Residential conditions thereafter tend to worsen. Concentrations of adult entertaivment
businesses tend to have higher crime rates.
5. An Analysis of Adult Business Studies in Indianapolis and Los Angeles
1984/1977
This analysis indicates that crime statistics for all types of crunes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually-oriented businesses aze
located. Sex-related crimes occur more frequently in predominandy residential azeas than in
azeas that aze substantially commercial in nature. The presence of sex-oriented businesses is
consistently and strongly associated with perceived decreases in the value of both residential and
commercial properties. The negative impacts aze greater for residential properties than for
commercial properties.
Properiy owners and businessmen surveyed in the Los Angeles study area cited the
following adverse effects resulting from adult entertainment establishments locating neaz theu
properties or businesses: difficulty in renting office space, difficulty in keeping desirable tenants,
difficulty in recruiting employees, limitations on hours of operation, decrease in the patronage of
women and families, and generally reduced business patronage.
6. New Hanover County, NC - 1989
(Regulation of Adult Entertainment Establishments in New Hanover County)
This study cites to studies from Detroit, Los Angeles, Beaumont (T�, and Indianapolis
to support the theory that a concentration of adult businesses results in deteriorating property
values and depressed neighborhood conditions, particulazly residential neighborhoods. In
addition, this study cites studies from Phoenix (AZ), Detroit, Los Angeles, and Beaumont (TX)
to support the theory that concentrations of adult business often result in an increase in crime,
particulazly prostitution, drugs, assault, and sex crimes.
The New Hanover County Planning Departrnent also provided recommendations to
address impacts created by adult business establislunents in light of the information obtained
from the studies. Recommendations included: enforcing proper zoning, licensing, active law
enforcement, sign regulations, and nuisance provisions.
7. Las Vegas, NV - 1978
(A Report Prepazed by Las Vegas, NV - City Commission Minutes for Regulaz
Meeting on 3/15/78)
This study includes:
(1) A transcript from the City Commission MeeUng on 3l15/78;
- 3 individuals commented for the record:
-54-
RVPUBIMXM1668212.1
1. A physician whose practice was located neaz an adult business commented on how the
business had an adverse impact on his property and that he had seen multiple business owners in
the azea move their businesses elsewhere because of the presence of the adult business in that
particulaz azea. The physician also commented on how the business had adversely affected his
practice because people had commented to him that having his practice neaz a pomographic
business is not appealing;
2. The Executive Director of Christian Coalition did not believe a 1,000 ft. separation
restriction was slringent enough; and
3. The City Attomey replied to the physician and Director by explaining that you can't
get rid of adult businesses completely; can only regulate them and that the most important thing
is that an ordinance uphold a constitutional challenge.
(2) Testimony in the form of sworn �davits from a city planner (recommending a
dispersal ordinance), police officer (concentrations of adult businesses have adverse effects on
the surrounding azeas), and a sociologist (recommended a dispersal ordinance); and
(3) Questionnaires that were distributed to 4 categories of persons: brokers and
Realtors in the azea, owners and residents (who lived in neighborhoods located neaz adult
entertaiiunent businesses), business owners and proprietors (who owned businesses located neaz
adult entertainment businesses); and a cross-section of people (who lived in neighborhoods not
located neaz adult entertainment businesses).
- The questionnaires tended to show that adult entertainment businesses had a
deteriorating effect on surrounding neighborhoods.
8. Cattazaugus County, NY - 1998
(Adult Business Study: Town and Village of Ellicottville Cattaraugus County, New
York, January 1998)
There were no adult businesses in the Town and Village of Ellicoriville at the time of the
study nor did the Town's existing land use regulations address adult uses, however the Town
Boazd wished to enact certain preemptive steps, including: (1) enacting temporary moratoriums
on establishing adult uses while, (2) preparing a joint Town and Village study investigating the
possible effects on the community from adult entertainment businesses, and (3) preparing zoning
text amendments to regulate where and how adult uses could be allowed in Ellicottville in the
future. Ellicottville's economic health was partially dependant upon recreationa] tourism and the
Town feared that the uncontroiled establishment of adult entertainment businesses would conflict
with Ellicottville's effor[s to remain a family oriented, tourist community.
The Boazd came to the conclusion that the best land use control would be a zoning law,
but in order for it to be affective, adult uses needed to be defined in a manner that differentiated
them from traditional bookstores and bazs (one method: to use their exclusion of minors as part
of the definirion).
-55-
RVPUBVv1XM�668212.1
�
•
9. Islip, NY - 1980
(Study & Recommendations for Adult Entertainment in the Town of Islip)
The Town of Islip wished to create a dispersal ordinance similaz to that enacted by
Detroit (commonly referred to as the "Detroit model"). This study analyzed the Detroit
ordinance and the Supreme Court's ruling in favor of Detroit in 1976 to support its own proposed
ordinance which prohibited any adult uses within a 500 ft. radius of residential areas and a 2 mile
radius of another adult use.
10. New York City - 1994
(Adult Entertainment Study by Depazlment of City and Planning for City of N.Y.)
This study shows that adult entertainment is more readily accessible than it was ten yeazs
ago. Adult videos aze produced in greater numbers and at lower costs. They aze often available
in general interest video stores as well as those devofed exclusively to adult entertainment.
Cable television has significantly increased the availability of adult viewing material. Adult
material is also available at newsstands and book stores.
The study also shows that adult entertainment uses tend to concentrate neaz each other.
Studies of adult entertainment uses in azeas where they aze highly concentrated, such as Times
Square and Chelsea, identified a number of significant negative secondary impacts. Ln the Times
Square azea, property owners, theater operators and other business people overwhelmingly
believed that their businesses were adversely affected. An analysis of criminal complaints
indicated a substantially higher incidence of criminal activity in the Times Squaze azea where
adult uses aze most concentrated. In addition, the study found that the rate of increase in
assessed property values for study blocks with adult uses grew at a slower rate than control
blocks without adult uses.
The strongest negative reactions to adult entertainment uses came from residents living
neaz them. Furthermore, most real estate brokers reported that adult entertainment
establistunents were perceived to negatively affect neazby property values and decrease mazket
values. In addition, adult use accessory business signs aze generally larger, more often
illuminated, and graptuc (sexually-oriented) compazed with signs of other neazby commercial
uses. Community residents view this signage as out of keeping with neighborhood chazacter and
were concerned about the exposure of minors to sexual images.
11. New York Times Squaze - 1994
(Report on the secondary effects of the Concentration of Adult Use Establishments
in the Times Square Area)
The survey respondents in this study felt that some adult establishments could exist in the
area, but their growing number and their concentration would constitute a threat to the
commercial prosperity and residential stability of the azea. The study did reveal a reduction in
criminal complaints the further one went from the major concentrarion of adult establishments.
-56-
�va�i3��c����r.4:rar�ri
Furthermore, many property owners, businesses, experts and officials provided anecdotal
evidence that pmximity (defined in various degrees) to adult establishments hurts businesses and
property values.
12. Oklahoma City, OK - 1989 Report On Sexually-Oriented Business Abatement
[Quality of Life: A Look at Successful Abatement of Adult Oriented Business Nuisances
in Oklahoma City, Oklahoma (1984-1989)]
This study shows that aggressive law enforcement is one means of addressing negative
secondary effects of adult businesses. From 1984 to 1989, the police department in Oklahoma
City cracked down on the+ adult businesses in the City. Priorifies were established in a plan of
attack. The police began by cracking down on street prostitution, then brothels, then adult book
stores with peep shows, followed by nude and semi-nude bazs, and lastly, escort services.
At adult book stores, police mainly arrested male customers offering to engage in sex acts
with undercover officers, sale of and possession of pomography, display of pornography, and
various health department violations (as a result of officers swabbing the walls and floors of peep
show booths securing samples of seminal fluids). At nude and semi-nude bars, most arrests were
for prostitution, drink hustling with promises of sexual favors, and fondling in comers of bazs.
Escort services were particularly difficult to crack down on because most customers were
transients and even a 100% arrest rate lead to little deterrence for future offenders. The police
therefore, focused their efforts on disconnecting phone services to escort services who used their
phone numbers "in furtherance of criminal conduct."
As a result of the police crack down, very few adult businesses remained operating by
1990. Incidents of reported rapes during the period of the crack down (1984-1989) decreased in
Oklahoma City while rising in the rest of the state and nation.
13. Cleburne, TX: Why and How to Organize a County-Wide Sex business Task
Force - 1997
This study stresses the importance of a county-wide effort to address the problems
created by sexually oriented businesses ("SOBs"). The City Attorney for Cleburne, Texas,
emphasized the point that even if Clebume itself enacted a strong SOB ordinance, SOBs would
simply locate just outside Clebume in adjacent cities. Thus, it was important to get the
participation of as many cities in the county as possible to support Clebume's efforts to
effectively regulate adult businesses.
The county-wide task force held public hearings where experts tesUfied as a precursor to
each city planning and zoning commission and council later holding their own sepazate,
individual hearings to discuss adoption of SOB regulations in their individual jurisdictions.
Task force findings included the following: major and sex-related crime rates aze
substantially higher in azeas within the vicuuty of an SOB; property values for areas surroundiog
SOBs seriously depreciate when an SOB opens; the spread of communicable diseases (including
HIV and STDs) is higher in SOBs. The study then suggested ways to protect health, welfare,
-57-
RVPUBU'�v]W68212.1
and public safety of cities and counries from SOBs, including: enforcement of public nuisance
laws and diligent prosecution of any obscenity or sexual offense cases that may be filed in the
county/district courts.
14. Dallas, TX - 1997
(An Analysis of Effects of SOBs on the Surrounding Neighborhoods in Dallas, T3�
This study presented evidence concerning the high rates of police calls from SOBs.
Reseazch also showed a higher number of crime arrests (including rape, prostitution/commercial
vice, and other sex offenses) where SOBs were concentrated versus azeas where SOBs were
spaced more than a half mile apart. Such findings lead to the theory that there aze increased
crime arrests and disturbances requiring police presence azound SOBs and significantly more
crime when there is a concentration of SOBs in one azea.
Real estate brokers active in Dallas areas reported that SOBs "aze perceived to negatively
affect neazby property values and decrease mazket values." In addition, interviews with real
estate professionals revealed that the location of multiple SOBs in one neighborhood can have a
major impact on the neighborhood by contributing to crime, driving away family-oriented
businesses, and 'unpacting the neazby residential neighborhoods. When concentrated, SOBs
typically compete with one another for customers through larger, more visible signs, and graphic
advertising. Investors and lenders aze unwilling to invest in new improvements in azeas neaz
SOBs. Thus, vacant land often sits idle for yeazs. Single-family homes in azeas neaz SOBs
frequently end up as rentals because the fanulies move away from the SOB-dominated azea and
it becomes exceedingly difficult to sell such houses.
15. El Paso, TX - 1986
(Effects of Adult Entertainment Businesses on Residential Neighborhoods)
Surveys of the real estate appraisal community as well as businesses and residents, and
data from the Data Processing Unit of the El Paso Police Department led to the prepazation of the
following findings:
Real Estate
The housing base within a study area decreases substantially with the concentration of
adult business uses. Properties located within a one-block radius of an adult entertainment
business reali2e a decrease in property value (affecUng both residential and commercial
properties). Properties located neaz adult entertainment businesses experience an increase in
listings on the real estate mazket.
Crime
A statistically significant increase in crnne is found in areas where adult entertainment
businesses are located. The average crime rate in the study azeas was 72% higher than the rate
for control azeas. Sex-related crimes occurred more frequently within neighborhoods having at
��
RVPUBVv1XMK68212.1
least one adult entertaimnent business than in those neighborhoods with no adult business. The
neighborhood residents within the study azeas also perceived faz greater neighborhood problems
than residents of the control areas.
16. Houston, TX - 1997
(Houston City Council: Sexually Oriented Business Ordinance Revision Committee
Legislative Report)
Because of the criminal activities that aze associated with SOBs, the City Council
Committee determined the necessity of licensing all SOB entertainers and managers. Testunony
presented to the Committee also requested that notice be given of any pending SOB permits to
surrounding neighbors of proposed sites. Amortization provisions were also found preferable to
grandfathering sexually oriented businesses.
Vice officers testified that sexually oriented businesses that don't have cleaz regulations
encourage lewd sexual behavior or sexual contact. Many businesses aze designed with intemal
azeas that aze out of the view of managers and aze conducive to illegal behavior. Inadequate
lighting prevents managers and police officers from monitoring illegal activities. Enterprises
that had locked rooms were often used as fronts for prostitution.
17. Newport News, VA - 1996
(Adult Use Study: Newport News Department of Planning and Development)
Adult entertaimnent establishments in Newport News had higher rates of police calls
compazed to nearby restaurants (adult entertainment establishments accounted for 65% of the
azea's calls). Realtors who were knowledgeable of local mazket conditions indicated that having
adult uses neazby can reduce the number of people interested in occupying a property by 20% to
30%, and will hurt property values and resales of property in adjacent residential neighborhoods.
Those who thought commercial property values would decline cited concems for personal safety,
increased crime, noise, strangers in the neighborhood, and pazking problems.
This study also cited to studies from Indianapolis, Los Angeles, St. Paul, and Austin to
support the conclusions that adult businesses result in higher crime rates and lower property
values in the areas in which they aze located.
18. Bellewe, WA - 1988
(City of Bellewe - Background Material from Pla�ning Director to City Council)
This study discussed telephone surveys of real estate appraisers conducted by the Kent
Platming Department. The appraisers cautioned that each case must be evaluated individually
and according to its particulaz circumstances, however most agreed that the impact of adult uses
on residential property values is probably negative. The total impact on property values depends
on several factors including: proximity to the adult use, exterior building appeazance and
condition of the adult business and neighborhood chazacteristics. As for commercial properties,
most appraisers felt that there would be little to no adverse impacts to surrounding businesses or
-59-
i:avl�i3���tr.�;t�ar�
property values. The conclusion therefore, was that in order to protect property values, adult
uses should be located in commercial azeas not adjacent to any residential uses.
In Bellewe, there existed three adult uses. An analysis of police reports for these azeas
showed no lugher incidence of crime than in adjacent areas without adult uses. However, all
properties were located in established commercial azeas and all structures in wfiich these uses
were located were in excellent condition.
19. Des Moines, IA - 1984
This study analyzed cases from Detroit, Boston, New Orleans, and Los Angetes to
support the conclusion that a dispersal model ordinance would be the most effective means for
regulating adult business uses in Des Moines. The study further concluded that the azea most
appropriate in Des Moines for adult uses was not the City's revitalizafion azea (or business
district) because of its close proximity to schools, residential azeas, pazks, playfields, etc., but
rather that such uses would be more appropriately located neaz the City's main highway. This
conclusion was supported by the fact that children had limited access ways to schools and a
location neaz the highway would make it easier for potential customers of the adult businesses to
patronize the facilities.
20. St. Croix County, WI - 1993
(Regulation of Adult Entertainment Establishments in St. Croix County, 4Vn
St. Croix County had not experienced any major problems with its two adult
entertainment establishments. However, the County wished to unplement new regulatory
measures as a prophylactic measure. This study analyzed the Detroit case and ordinance to
support the theory that a dispersal model like DetroiYs would best suit St. Croix County's goals.
The study also discussed various regulatory techniques utilized by other jurisdictions such as
traditional law enforcement and licensing.
21. Report of the Minnesota Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses (June 6, 1989)
This report found that sexually-oriented businesses in Minneapolis are associated with
higher crime rates and depression of property values. Data also indicates that the addiUon of one
sexually-oriented business to a census tract increases the overall crime rate index in that azea by
9.15 crunes per thousand people per yeaz even if a11 other social factors remained unchanged. In
St. Paul, there was a significantly higher crime rate associated with two adult businesses in an
azea than an azea with only one adult business. Housing values were also significantly lower in
an azea where there were tluee adult businesses compared to an azea with only one adult
business.
Individuals who lived near adult businesses testified concerning the following:
pomograpluc materials were left in adjacent ]ots; prostitution resulted in harassment of
neighborhood residents; adult businesses contributed to infiltration of organized crime in those
azeas.
-60-
RWUB\MXIvn668212.1
�
�
22. Saint Paul, Minnesota: Adult Entertainment Study (1983)
In Saint Paul, in 1983, adult business were relatively innocuous. However, there were
some exceptions and the City Council recognized that inadequate regulations of these adult uses
could result in adverse impacts. The report was restricted to the sex-related adult industry and
excluded alcohol-related adult businesses. The report looked at three ways to protect
neighborhoods in the City. These included: (1) existing regulations; (2) incompatible uses; and
(3) concentrations of uses.
23. City of Gazden Grove, Califomia: The Relationship Between Crime and Adult
Business Operations on Garden Grove Blvd (1991)
This study was commissioned by the City of Garden Grove to reseazch the secondary
effects of adult businesses in the City. It smmnarizes an eichaustive series of staUsUcal analyses
conducted over a 10-month period. The report provides an analysis incorporating data most
relevant for the legal requirements for implementing zoning restrictions on adult businesses.
This is a thorough study that reviews all the criminal activity that took place within the
proximity of adult businesses for a nine-yeaz period. The reseazchers found that 'brune rises
whenever an adult business opens or expands its operation and the change is statistically
significant." Increases result in the most serious crime categories, especially assaults, robberies,
burglaries, and thefts. The rise in "victimless" crimes (drug and alcohol use, sex offenses, etc.)
is also significant, though less consistent and interpretable. This report is widely used to justify
regulations addressing the secondary effects of adult businesses.
24. City of Austin, Texas: Report on Adult Oriented businesses in Austin (1986)
This report provides an analysis of crime rates by comparing areas with adult businesses
(study azeas) and azeas without adult businesses (control areas) within the City of Austin. Both
control and study azeas were circulaz in shape with a radius of 1,000 feet. These areas contained
similaz land uses and were in close proximity to one another. Four study azeas were defined: two
with single businesses and two with more than one business.
Within the study areas, sex-related crimes rates were two to neazly five times the city-
wide average. Also, sex-related crime rates were found to be 66% higher in study areas with two
adult businesses compazed to study areas with one adult business.
25. City of Amarillo, Texas: A Report on Zoning and Other Methods of Regulating
Adult Entertainment in Amarillo (1977)
This report presents the fmdings of the Amarillo Planning Department regazding the adult
entertainment industry within the confines of the City of Amarillo. These findings analyze the
land use effects of adult entertainment businesses and altematives for regulation. This report
provides a general overview of the secondary effects caused by adult businesses and includes
suggestions for ways to address the impacts. The report found that adult businesses tend to
increase crune rates.
-61-
RV PUB\MJQ�4\668212.1
�
�
26. Police Reports and Letters. The following police departrnent reports aze also
available:
a. Anaheim, CA Letter in Response to NFLF 1998: From 1/1/95 to 12/31/97, the
Anaheim Police Department responded to ca11s for service at nude theaters and topless bazs in
excess of 500 times.
b. Los Angeles, CA Statement of LAPD Detective: from 1969-1975, SOBs in
Hollywood increased from 11 to 88; crime rates increased as a result; virtually every adult
bookstore requires police attention resulting in the drain of extensive police resources.
a Los Angeles, CA Letter re Harmful Effects 1998: commented on the siguficant
increase of nude juice bazs from 1996-1998; although the juice bazs comply with L.A: s zoning
ordinances, citizens from the surrounding azeas protested the businesses (prostitution and lewd
conduct arrests had been made in and azound many of the juice bazs).
d. Cleveland, OH Letter re Hazmful Effects 1977: Lists crimes which have occurred
in or neaz adult businesses in the City of Cleveland such as murder, rapes, and other sex offenses,
and robberies.
e. Bellewe, WA Detective's Report 1994: Details an undercover police officer's
experience at a Dance Club where customers paid women employees to dance with them while
performing certain lewd acts.
f. Seattle, WA Police Report 1996: Complainant reported experience working as a
dancer at a club where dancers and customers engaged in lewd acts, heavy drinking, and drug
use; statistics regazding criminal violations committed by club dancers from 1994-1996.
g. Seattle, WA Letter re Effects 1998: Details a vice detective's experience with
Seattle's nude dance or strip clubs such as "sting" operations, number of arrests made, and
obseroation of drugs and alcohol in such clubs; also mentions Seattle=s draft amendments which
would put more liabilities on the managers to control illegal activities in their clubs, prohibit
table and couch dances, and require brighter interior club lighUng.
EXHIBIT Al
Los Alamitos
Police Department
Memo
To: Chief McCrary
From: Sergeant Arnold
Date: 8/27/2003
Re: Sexually Oriented Businesses
-62-
RVPUBVv1XM\668212.1
Over the past two weeks I have solicited information from various police agencies in
Orange County regarding police responses to Sexually Oriented Businesses, specifically adulf
clubs with nude or partially nude entertaimnent. All of the agencies that responded with
information agree that much of the criminal or illicit activity which take place at these types of
establishments goes unreported to the police. They also stated that clubs, wtrich hosted different
theme nights, attracted different types of clientele depending on the theme, and amateur nights
were typically the busiest nights with regazds to incidents to which they were called. All cities
cited a six-foot barrier between dancers and patrons, written into the municipal code, as being
extremely important in helping to control illicit acfivity. I was not able to obtain exact statistics
from all agencies contacted. The following is a compilation of information provided to us.
Santa Ana Police Department
The City of Santa Ana currently has tt�ree adult clubs. One is a partially nude strip baz
with an ABC license to sell alcohol, one is a totally nude juice baz with no ABC license, and the
other is a bikini baz with an ABC license. Since January 1, 2003, SAPD has responded to 171
calls for service at these three establishments. The calls included robberies, disturbances of the
peace, assaults, thefts, prostitution, criminal threats, stolen vehicles, intoxicated drivers, vehicle
burglaries, suspicious subjects or circumstances, reckless driving, hit and run tr�c collisions,
kidnapping, and burglary alarms. The police depar[ment also provided us with a copy of their
municipal code and study on sexually oriented businesses including negative secondary side
effects of adult entertainment businesses (attached).
Orange County Sheriffs Department
The Sheriffs Department reported a total of four establishments located in contract cities
under their jurisdiction. Two aze located in the city of Lake Fonest in south drange County.
One started out as a baz which featured clad dancers but has since become a topless baz. The
other has nude dancers and caters to different clientele depending on the night. Twenty reports
have been taken since 1990 regazding the second baz and 75% of the reports list the baz or
employee as the victim. One aggravated assault was reported there in 1993. Both
establishments hold ABC licenses. The City of Stanton also has two clubs. One of the clubs is
under investigation for allegations the bouncers muscle some of the customers as the customers
leave the baz. This usually revolves around customers who allegedly did not pay the girls for
lap dances or other special dances they received. The bouncers detain the customers and money
is physically taken from them for services rendered, which if true would amount to a strong-ann
robbery. The other club is under investigaUon by ABC for allegations of prostitution.
Customers receive a lap dance and then for an e�ctra fee, aze taken into the back room where they
receive oral sex. Both of these clubs also have ABC licenses.
Anaheim Police Department
The City of Anaheim has five establishments located throughout their city, ranging from
full nude juice bars to topless bazs. From January 1, 2003 to the present, patrol has responded to
94 calls for service at these clubs. Most of the cal►s for service involved disturbances of the
-63-
RVPUBUIXM�668212.1
peace, assaults, suspicious circumstances, unknown trouble reported, burglaz alazms, trespassing,
stolen vehicles, and others.
Gazden Grove Police Department
T'he City of Gazden Grove reports no adult clubs within their city. They do however,
have several adult bookstores. The most common crimes associated with these businesses aze
public masturbation and nazcotics related offenses.
La Habra Police Denartment
The City of La Habra has one nude theater. Nude dancing is performed on stage as well
as special dances for individual customers. The establishment has its own security team and the
police deparhnent reports no calls for service at this club.
HuntinQ,ton Beach Police Departrnent
The City of Huntington Beach had one adult club which has since gone out of business.
The Vice Unit states there were few calls for service when the club was open. They believe the
strength of the Municipal Code regazding Sexually Oriented Businesses was pazamount to
keeping illicit activities under control. The Code has been challenged several times and was
upheld on appeal to the Ninth Circuit Court, recently. A copy of their municipal code is
attached.
San Die,go Police Department
T'he City of San Diego reported problems with organized crime and biker gangs
associated with adult clubs. Specifically, Mafia and Hells Angels. They also reported nazcotics
activity associated with these establishments, including at least one incident where a customer
repeatedly drugged dancers with GHB and then sexually assaulted them.
Irvine Police Department
The City of Irvine has no adult clubs.
La Pa1ma Police Departrnent
The City of La Palma has no adult clubs.
Orange Police Department
The City of Orange has no adult clubs.
Tustin Police Department
The City of Tustin has no adult clubs.
-64-
RVPUBVviXM1668212.1
�
Brea Police Department
Brea has no adult clubs.
Cvpress Police Department
Cypress has no adult clubs.
-65-
RV PUBV.17�1\668212.1
�