Loading...
HomeMy WebLinkAboutAgenda Packet - March 1, 2004 - CC �4vFoa�`r ' AMENDED AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, MARCH 1 , 2004 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL CRISTINA C. MADRID MAYOR DIANE CHAGNON IOSEPH R. ROCHA COUNCILMEMBER MAYORPROJEMPORE DICK STANFORD DAVE HARDISON COUNCILMEMBER COUNCILMEMBER 1. CLOSED SESSION A. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957) Title: City Manager B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 Litigation by Acusans for Responsible Growth v. City of Azusa, Case No. BS088326. C. CONFERENCE WITH ]LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 LbIL One Potential Case. 7:30 p.m. - Convene to Regular Meeting of the City Council. • Call to Order • Pledge to the Flag • Invocation - Pastor Daniel Simonson of Christbridge Immanuel Church. • Roll Call II. CEREMONIAL Lr A. Oath of Office to new Azusa Police Officers Jessica. Perez and Robert Landeros. III. PUBLIC PARTICIPATION Personl&oup shall be a//owed to speak wlthoutInterrupNon up to five(5)minutes, sublett to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments, shall be handled after the speaker has completed hIs/her comments. Public ParticIpatron will be limited to sixty(60) minutes. A. Ms. Alicia Thomas, CEO of the East Valley Community Health Center, to address Council. B. Mr. Art Morales to address Council regarding traffic problems and free swim. IV. REPORTS, UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF A. Councilmember Chagnon-Call Up of Planning Commission decision on Conditional Use Permit C-2003-08, to operate a Daycare Facility at 509 N. San Gabriel Avenue. "509N.Azusa Avecallup.doc" B. Status Report on the Eighteen Month Extension of the Amortization Period regarding the properties located at 330, 336 &350 W. Foothill Boulevard and 638, 640, 642 8.644 Sunset Avenue. ININI "Peterson- Amortization.DOC" C. Report on the Restaurant Grading System. "1. Health - Restaurant Grading 3 D. Presentation of status report on the Downtown area projects. V. SCHEDULED ITEMS A. Business License Susoensio /Revocation Hearing for "The Last Chance Saloon" 832 N Azusa Avenue. Recommendation: Conduct the required informal hearing and revoke the business license to operate the "Last Chance Saloon" effective immediately. Mimi WWI "832 N. AZUSA "832 N.AZUSA "832 N.AZUSA REPORT.DOC.doc" LlR.DOC.doc" RESO.DOC.DOC' 03/01/04 PAGE TWO VI. CONSENT CALENDAR ' The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Staff or Cguncilmembers wish to address any item on the Consent Calendar individua0y, it will be considered under SPECIAL CALL ITLMS. A. Approval of Minutes. Recommendation: Approve minutes as written. "Cncl Min Febl7.doc" B. Human Resources Action Items. Recommendation: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). "HR Action Items.doc" C. Vendor Selection - 2003 Part 11 Homeland Security Grant. Recommendation: Approve AirGas West in the amount of $16,115.68 and The Centech Group, Inc. in the amount of $15,325.51 for purchase of Personal Protective Equipment selected from a State approved list. vendorselectlon.doc vendoiselection.xls D. Purchase of a Fourth Radio Console Position from Communications Center. Recommendation: Approve the purchaser of a fourth radio console position in the amount of $27,028.81 from Communications Center, a General Services Administration member. "Staff Rpt 4th Radio.doc" E. Resolution Authorizing Payment of Warrants by the City. Recommendation: Adopt Resolution No. 04-C20. VII. AGENCY SCHEDULED ITEMS A. PUBLIC HEARING - on the proposed sale of Agency-owned property located at 428-432 N. San Gabriel Avenue to LTA, LLC (Mr. Tim and Ben Arrietta), owners of the La Tolteca Restaurant. Recommendation: Open the Public Hearing, receive testimony, close the Hearing. Waive further reading and adopt Resolution No. 04-R6, approving the sale of the property to LTA, LLC, controlled by Tim and Ben Arrietta, for $147,000; and authorize execution of the Disposition and Development Agreement by the Executive Director. "3.01.04 CL Mtg Sale (428-432 N San Gab; 03/01/04 PAGE THREE VIII. REDEVELOPMENT AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommendedactions wi//be enacted with one vote. If Staff or Directors wish to address any item on the Consent Calendar indlvidually, it will be considered under SPECIAL CALL ITEMS A. Minutes of the Redevelopment Agency Recommendation: Approve minutes as written. IN!NO "Redev Min FeblTdoc" B. Resolution Authorizing Payment of Warrants by the Agency. Recommendation: Adopt Resolution No. 04-R7. k "Redev WR#14.pdf' C. Blanket Purchase Order Increase for Legal Services Provided by Best Best and Krieger. Recommendation: Approve an increase of $25,000 to the blanket purchase order for Best, Best and Krieger for legal fees. In BBKBIanketOrderIncr ease.doc D. Settlement Agreement with Mr. and Mrs Susimo de Guzman regarding Property located at 410 N. Alameda Ave. to (ROP#4). Recommendation: Approve the Settlement Agreement and authorize execution and disbursement of funds. ROP4_SeWement&R ROP4_SetdementAgr eleaseROP4_0304.do .doc IX. ORDINANCES/SPECIAL RESOLUTIONS A. Ur¢encv Ordinance Amending Article II Division 5 Sections 18 163 and 18-164,Amendi n Article IX of Title 88 and Adding Article M to Title 18 of the Azusa Municipal Code relating to Adult-Oriented Businesses and Adult Use Zoning Regulations. Recommendation: Waive further reading and adopt Ordinance No. 04-04, AdultBusUoc "Draft Ord Adult.DOC" 03/01/04 PAGE FOUR X. ADIOURNMEN A. Adjourn to Monday, March 8, 2004 at 6:30 p.m. at the Azusa Light and Water Department Conference Room in order to conduct a workshop on Results Based Budgeting. In compliance with the Americans with Disabilities Act, /fyou need special assistance to part/clpate Ina city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff In assuring that reasonable arrangements can be made to provide access to the meeting. 03/01/04 PAGE FNE Iiitrixed r* .4444 AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CIN COUNCIL FROM: KING F. DAVIS, CHIEF OF POLICE VIA: RICK COLE, CIN MANAGER .. DATE: MARCH 1, 2004 SUBJECT: VENDOR;SELECTION - 2003 PART II HOMELAND SECURITY GRANT RECOMMENDATION The expenditure of the 2003 Part II Homeland Security Grant was previously approved by City Council on February 2, 2004. It is recommended that the City Council approve the selection of vendors AirGas West in the amount of $16,115.68, and The Centech Group, Inc. in the amount of $15,325.51 for the purchase of Personal Protective Equipment selected from a State approved list established for Law Enforcement. For tracking purposes, equipment purchased from AirGas West will be taken from two separate categories of the Grant; $11,048.83 will be taken from the Jurisdictional category, $5,066.85 will be taken from the Operational category. BACKGROUND The grant was established by the State to provide for the purchase of specialized equipment to enhance the capability of state and local government to respond to incidents of terrorism and weapons of mass destruction. The types of equipment approved for purchase under this grant include: protective outer clothing, boots, gloves, gas masks, etc. Please see attachment for a detailed list of equipment. a AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT VIA: RICK COLE, CITY MANAGER DATE: MARCH 1, 2004 SUBJECT: AN URGENCY ORDINANCE TO UPDATE THE ADULT-ORIENTED BUSINESS AND ZONING REGULATIONS RECOMMENDATION The City Council should adopt the attached Urgency Ordinance amending Article IX of Chapter 88 and Chapter 18 of the Azusa Municipal Code, pertaining to adult entertainment. BACKGROUND The City's existing adult business regulations are contained in several chapters of the City's Municipal Code, including "Article IX Adult Businesses", and Chapter 18,Article II, and Article VI. These Code provisions contain adult business zoning, location, and operational requirements. The City has one adult businesses established in the City,which was the subject of a Supreme Court decision a number of years ago (Worldwide Video). The Municipal Code was subsequently amended to comply with case law and constitutional issues. However, over the years, further case law has developed that has now rendered the City's regulations non-compliant. The City therefore does not have the ability to regulate incoming new adult businesses, unless its regulations are updated to respect current constitutional requirements. The City has recently received an inquiry regarding potential locations and requirements for the establishment of adult-oriented businesses. It is therefore important to quickly adopt a new ordinance to provide the City with adequate legal protection to properly regulate these types of uses. The proposed amendments are intended to update the City's adult business regulations so they continue to meet the constitutional requirements established by the courts and to protect the City from the potential adverse secondary effects that may be caused by having an adult business locate inappropriately in the City. Courts have held that adult businesses provide a forum for protected speech and expression. As a result, cities cannot ban them entirely from their jurisdiction. Cities can, however, regulate these businesses to address any adverse secondary effects that they may create including crime, the spread of disease and blighting effects. In fact, the United States Supreme Court, in a number of decisions, has repeatedly upheld the use of secondary effect studies to justify content-neutral regulations aimed at addressing the adverse secondary effects. St ies documentin th adverse 1 d 35 secondary effects upon which the City's regulations are based are referenced and summarized in the proposed ordinances. An urgency ordinance has been prepared for consideration by the City Council, which includes the following components: 1. Adds several findings that cite studies upon which the City's regulations are based and references case law as a means to document additional secondary effects; references the City's own land use analysis of available sites; documents the proximity of adult businesses in the area surrounding Azusa; acknowledges the predominant residential character of the City; and notes the availability of adult material on the Internet. 2. Provides definitions that are consistent with each other and the League of California Cities Model Adult Business Ordinance. 3. Provides that the city manager or the community development director have 2 days from the receipt of an application to determine whether it is complete. 4. Provides that an"incomplete application"constitutes grounds upon which the community development director may deny an application for an adult-use planning permit. 5. Describes how the City will comply with recent court requirements to provide prompt judicial review of an adverse administrative decision by the City. Also adds an appeal process for applicants that are denied licenses or denied renewal of licenses. 6. Deletes the reference to a conditional use permit and informs applicants that establishment of an adult business is subject to meeting specific objective requirements. While the form and substance of the ordinance is complete, please note that there are a few blanks in the current version that will be updated at Monday night's council meeting. Consideration as Urgency Ordinance The City Council is asked to adopt this ordinance as an urgency ordinance so that it will take effect immediately and ensure that the City can apply the revised regulations to any adult business that files an application. This assures that any adult business applications that are received are processed in accordance with the revised regulations. Once the ordinance becomes effective it will repeal the various sections of the Municipal Code it is intended to replace. The California Government Code allows adoption of urgency ordinances for the protection of the public peace, health or safety. A 4/5 vote is required for passage. The necessary findings for adoption of the ordinance as an urgency ordinance are contained in Section 1 of the urgency ordinance. FISCAL IMPACT None anticipated. 2 [DRAFT] URGENCY ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,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 MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESSES AND ADULT USE ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,DOES ORDAIN AS FOLLOWS: SECTION 1. Urgency 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 immediate preservation of the public peace,health or safety shall take effect immediately upon adoption. The City Council finds that this Urgency Ordinance,and the regulations set forth herein, are 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-oriented 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 the Urgency Ordinance show that such an adult business will have an adverse effect on both existing businesses in the area and surrounding residential areas, causing increased crime, health risks and other adverse secondary impacts. Finally, this Urgency Ordinance is necessary to permit 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 Consistency 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 are reasonably related to the public welfare because they impose regulations that address and mitigate the potential 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 are hereby amended o 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 -1 RVPUB\MXM\667951.1 which is intended to simulate the private parts,buttocks or pubic hair while 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 without first securing an adult entertainer license pursuant to this title. (2) Permits,procures or assists any person to be so exposed or to employ any such device without that person having secured an adult entertainer license pursuant to this title. 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-ORIENTED BUSINESS LICENSES Division 1. General Purpose and intent. It is the purpose of this chapter to regulate adult-oriented businesses to promote the health, safety and general welfare of the citizens of the city.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.It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this chapter to establish standards for the conduct of adult-oriented businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values. In approving the regulations contained in this chapter,the city council has reviewed detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult 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, California(1978); Amarillo, Texas(1977);Cleveland,Ohio(1977);Los Angeles,California(1977);State of Minnesota,Attorney General Report(1989);Newport news,Virginia(1996);St.Paul,Minnesota(1987);Corpus Christi, Texas(1995);National Law Center(1995);and Azusa(2003)(collectively"Studies"). The Studies, a summary of which is attached hereto as Exhibit"A,"substantiate the adverse,secondary effects of adult-oriented businesses. A. Based on the foregoing Studies and the other evidence presented, the city council finds that: -2 RVPUB\MXM\667951.1 1. Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and 2. Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located. 3. Unregulated adult-oriented 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 adult-oriented 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 areas. The need for special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as residential zones and uses, parks, 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-oriented 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 are necessary. 6. The protection and preservation of the public health, safety and welfare require that certain operational requirements for adult-oriented businesses also be imposed. 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 California Constitutions,but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult businesses. The city council has considered decisions of the United States Supreme Court regarding adverse secondary effects and the local regulation of adult businesses, including but not limited to: Young 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);Barnes 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: Topanga Press,et al.v. City of Los Angeles, 989 F.2d 1524 (1993); Key. Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), pet. For cert. Filed (1999); several California cases including but not limited to: Tily B. v. City of Newport Beach,69 Cal.App.4th 1 (1998);City of National City v.Wiener,3 Cal.4th 832(1993);People v.Superior Court(Lucero)49 Ca1.3d 14(1989);and City of Vallejo v.Adult Books,et a1.,167 Cal.App.3d 1169(1985);and other federal cases including Lakeland Lounge v.City of Jacksonville(5th Cir. 1992)973 F.2d 1255,Hang On,Inc.v.Arlington(5th Cir. 1995)65 F.3d 1248,Mitchell v.Commission on Adult Entertainment -3 RVPUB\MXM\667951.1 (3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. C. The city council hereby adopts each of the regulations contained in this chapter as a means to reasonably address the adverse secondary effects of adult-oriented businesses. Definitions. As used in this chapter, the following words and phrases shall have the meaning set forth below: A. Adult-Oriented Businesses. An "adult-oriented business": 1. 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 entertainment characterized by an emphasis on matter depicting,exposing,describing,discussing or relating to specified sexual activities or specified anatomical areas.Adult-oriented 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-oriented business,only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade,or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities,taken together, constitute a regular 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 picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. 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: i. Books, magazines, periodicals or other printed matter,photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an -4 RVPUB\MXM\667951.1 emphasis upon the depiction or description of'specified anatomical areas; ii. Instruments,devices or paraphernalia which are designed for use in connection with specified sexual activities; or iii. Goods which are replicas of or which simulate,specified anatomical areas,or goods which are 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 that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult/video/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 adult/video/dvd store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. c. Adult Cabaret.An"adult cabaret"is a bar,nightclub or similar establishment which features dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies. d. Adult Motel. An "adult motel" means a hotel, motel or similar commercial establishment which: 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 are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic 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 are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. f. Adult Tanning Salon. An "adult tanning salon" or "parlor" shall mean 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 areas. Adult tanning salon or parlor shall also include a business establishment where a patron and an employee of the establishment are -5 RVPUB\MXM\667951.1 nude or expose specified anatomical areas. An adult tanning salon or parlor shall also include a business establishment where the employees thereof are nude or expose specified anatomical areas. 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 hall,auditorium or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas, 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 are characterized by the exposure of specified sexual activities, or by specified anatomical areas. 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 appears in a state of nudity or displays specified anatomical areas 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 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 Supermarket/Sex Mini-Mall. A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult-oriented 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: i. Physical contact in the form of wrestling or tumbling between persons of the opposite sex, or ii. 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. 1. Reserved. m. Sexually Oriented Business. A "sexually oriented business," is any business not otherwise defined or provided for herein where employees or patrons expose specified anatomical areas or engage in or simulate specified sexual activities,or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, -6 RVPUB\MXM\667951.1 discussing or relating to specified sexual activities or specified anatomical areas 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 determinations made by the city manager/designee in accordance with the procedures established in this chapter and Chapters 5.42 and 5.44. 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 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 genitals in a discernibly turgid state, 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 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 subsections (E)(1)through(5), above. F. Definitions.In addition to the terms defined above,the following 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 -7 RVPUB\MXM\667951.1 an employee of an adult-oriented business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area or while simulating any specified sexual activity. 2. Establishment. An "establishment" means and includes any of the following: a. The opening or commencement of any adult-oriented business as a new business; b. The conversion of an existing business,whether or not an adult-oriented business,to any adult-oriented business; c. The addition of any adult-oriented business to any other existing adult-oriented business or to another existing adult-oriented business,with or without expansion of floor area; d. The relocation of any adult-oriented business; or e. The expansion or enlargement of the premises by ten percent or more of the existing floor area. 3. 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,anal cleft or the female breast with less than a fully opaque covering of any part of the areola. 4. Private Viewing Area. "Private viewing area" means an area or areas in an adult- oriented 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 shall 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. 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,exhibited by a dress,blouse,skirt,leotard,bathing suit or other wearing apparel provided the areola is not exposed in whole or in part. 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-oriented 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 -8 RVPUB\MXM\667951.1 pursuant to Welfare and Institutions Code Sections 600 to 900. 8. 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 subsection(F)(1)of this section. Division 2. Adult-Oriented Business Licenses for Operators. License required. A. A person commits a misdemeanor,subject to punishment in accordance with Section et seq.of this code,if he or she operates an adult-oriented business within the city without a valid adult-oriented business license issued by the city for the particular type of business. B. An application for a license must be made on a form provided by the city. The 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 prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises. The application 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-oriented 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 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 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 limited 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 permit 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 are 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 contain the same information required of the adult use planning permit. The adult use planning permit application will be processed in accordance with the time limits of Section and Section of this code.Before a business regulated by this chapter may commence operation,the applicant must have been issued a valid adult use planning permit--or interim adult use planning permit. D. The applicant must be qualified according to the provisions of this chapter and the -9 RVPUB\MXM\667951.1 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-oriented business must sign the application for the license as the applicant. 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 an adult-oriented business license. A person who operates an adult-oriented 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. 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 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,shall issue or deny the 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 permit--including an interim adult use planning permit--which shall be processed pursuant to Section and Section of this code.The city manager,or designee thereof,shall issue the license unless he/she finds 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 payment to the city of fees owed by the applicant in relation to the adult-oriented business which is the subject of the application; 3. An applicant has failed to completely fill out the application for the license or has provided materially false information on the application; 4. The license fee required by this chapter has not been paid; 5. The premises to be used for the adult-oriented business has not been approved by the city and the fire department,as being in compliance with applicable laws and ordinances,including the issuance of an adult use planning permit or interim adult use planning permit pursuant to Sections to of this code; 6. The applicant is operating the adult-oriented business without a license in violation of Section of this code; 7. That an applicant has been convicted of a specified criminal act for which: -10 RVPUB\MXM\667951.1 a. Less than two 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 misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful 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 are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering, c. 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 convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children;sexual abuse;rape;or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; 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 Welfare and Institutions Code Sections 600-900. C. Within ten days of the receipt of a completed application in accordance with the requirements of this section,the city manager,or designee thereof shall refer the application to the chief of police for investigation. Such investigation shall include obtaining the information pursuant to Section et seq. of this code that is required of city employees. In the event the information requested pursuant to Section et seq. 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-oriented business license,whereupon,the city manager, or designee thereof, shall issue the same. Should the information obtained pursuant to Section et seq.of this code vary in a material degree from that set forth by the applicant in the application, such variance shall be cause to suspend or revoke the license in accordance with Sections and of this code. Any license issued prior to the city receiving the information required by Section et seq. of this code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Sections of this code. D. 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-oriented business.The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented 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,return receipt requested,written notice of the action to issue or deny the license.The decision of the city manager, -11 RVPUB\MXM\667951.1 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 shall hear 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 shall take place within 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 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. F. The decision of the city council or hearing officer concerning the appeal of a denial of a permit shall be final. If the denial of a permit is affirmed on review by the city council, 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 California 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. Fees. The initial application fee, the initial license fee, and the annual renewal fee for an adult- oriented business license shall be set by resolution of the city council. Inspection. An applicant or licensee shall permit representatives of the city,the city's police department, Los Angeles County department 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- oriented 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 shall not be interfered with and the inspection is conducted in the same manner as an inspection for other businesses. Expiration and renewal of license. -12 RVPUB\MXM\667951.1 Each license shall expire one year 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 application for renewal shall not extend 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,shall cause an administrative hearing to be held within the same ten-day period at which time 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 shall be subject to appeal to the city council by following the same procedures as set forth in Section of this code. Suspension and revocation hearings. The city manager or his/her designee, the planning commission, or the city council may initiate proceedings to consider the suspension or revocation of an existing adult-oriented 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 opportunity 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 then suspension shall be ordered;and,if the conditions set forth in Section exist, then revocation of the adult-oriented business license shall be ordered. Suspension. An adult-oriented 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-oriented 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 standards set forth in this title and in Title_of this code are violated or not complied with by the adult-oriented business; B. There was not a responsible person over eighteen(18)years of age on the premises to act as a manager at all times during which the adult-oriented 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-oriented 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 operations has violated any provision of this -13 RVPUB\MXM\667951.1 title or this code; 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 discarded upon the grounds within one thousand (1,000) feet of the premises of the adult- oriented business; F. The adult-oriented business is being operated,managed or conducted in violation of any condition of approval or performance standard of the adult-oriented business license,or adult use planning 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 department,the County fire department, 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-oriented business; J. The adult-oriented business is operating in violation of the permitted hours of operation; K. The adult-oriented business is operating without a city business license. The suspension shall be for a period of up to thirty (30) days or until the violation is corrected, whichever is longer. Revocation. An adult-oriented business license shall be revoked and no new adult-oriented business license may be requested by the licensee for any location within the city or by any other person for that same location within a one-year 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 department,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 -14 RVPUB\MXM\667951.1 convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult-oriented business; C. The licensee,manager or any employee of the licensee or manager knowingly or with reckless disregard 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-oriented materials to a minor and/or material harmful to a minor; D. The approved adult-oriented business has been expanded, or partially or wholly converted to another adult-oriented business without the required city approvals and permits; E. There have been two suspensions of an adult-oriented business license within a one- year period; F. The licensee or manager knowingly or with reckless disregard 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-oriented business during a suspension period of the adult-oriented business license; H. The licensee has been convicted of a specified criminal act for which the required time period has not yet elapsed; I. 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 criminal act for which a conviction has been obtained, and the person or persons were employees of the adult- oriented business at the time the offenses were committed; J. The licensee or manager is operating more than one adult-oriented business in the same building; K. The adult-oriented business contains one or more private viewing areas as defined herein; L. The adult-oriented business has failed to provide,inaccurately provided,or failed to keep current the street address of the principal place of business or the location of any adult-oriented business in the city in accordance with Section of this code; or M. The licensee, manager or any agent or employee of the licensee or manager of the adult-oriented business knowingly or with reckless disregard of the requirements,violates or permits the violation any of the prohibited conduct described in Section of this code on three(3)or more occasions within a twelve month period, regardless of whether a suspension or suspensions have been issued for such violations. -15 RVPUB\MXM\667951.1 Appeal. A. The city manager or designee thereof shall conduct all initial hearings concerning 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, return receipt requested,and regular first-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 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 of this code. The decision of the city council or hearing officer concerning the appeal shall be final. If the denial is affirmed on review by the city council or hearing officer,the permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California 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. Transfer of license. Any license shall be immediately void if the licensee attempts to transfer the license to another person or location.The attempted transfer of the adult-oriented business license includes the transfer of ownership or control of the adult-oriented business by any of the following: A. The sale, lease or sub-lease of an adult-oriented business; B. The transfer of securities which constitute a controlling interest in the business, whether by sale,exchange or similar means; or C. The establishment of a trust,gift or similar 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. Location of adult-oriented businesses. The permitted location of an adult-oriented business shall be as provided in Sections and of this code. Prohibited conduct at adult- oriented business. A. No person shall operate or cause to be operated an adult-oriented business,regardless -16 RVPUB\MXM\667951.1 of whether or not a permit has been issued under this code, knowingly, or with reason to know, permitting, 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-oriented business while engaged in the display or exposure of a specified anatomical area 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 area or engaged in or simulating a sexual activity. B. No person at any adult-oriented business,regardless 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- oriented business. • C. No person at any adult-oriented business,regardless 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 area or engaging in or simulating a specified sexual activity. D. No employee of an adult-oriented business,regardless of whether or not a permit has been issued for said business under this chapter, shall engage in a performance, solicit a performance,make a sale, solicit a sale,provide a service or solicit a service between the hours of two a.m. and nine a.m. of any particular day. Injunction. A person who operates or causes to be operated an adult-oriented business without a valid license or in violation of Section of this chapter,is subject to a suit for injunction as well as prosecution for criminal violations." Division 3.Adult-Oriented Live Entertainer Licenses. Definitions. For purposes of this chapter,the following definitions shall apply: A. Adult-Oriented Live Entertainment. The term "adult-oriented live entertainment" means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, 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 -17 RVPUB\MXM\667951.1 specified anatomical areas. B. Adult-Oriented Live Entertainer.The term"adult-oriented live entertainer"means any person who engages in or performs "adult-oriented live entertainment." C. Appeal. The term "appeal" shall have the same meaning as provided in Section of this code. D. Couch Dance or Couch Dancing.The term"couch dance"or"couch dancing"means an"adult-oriented live entertainer"intentionally touching any patron while engaged in the display or exposure of any specified anatomical area as defined in Section of this code or while simulating any specified sexual activity as defined in Section of this code. 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 subsection(D) of this section. Adult-oriented live entertainment license required. Each individual to be employed or who is employed in the capacity as an adult-oriented live entertainer for an adult-oriented business shall be required to obtain an adult-oriented live entertainer license from the city.Each applicant shall pay an adult-oriented 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 of this code, for any person to work as an adult-oriented live entertainer without a license as required by this chapter. Application form--Contents. Before any applicant may be issued an adult-oriented 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; E. Proposed business address and telephone number; F. Present residence address and telephone number; -18 RVPUB\MXM\667951.1 G. State driver's license or identification number; H. Social Security Number; I. Evidence that the individual is at least eighteen(18)years 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 permit history of the applicant for the five years immediately preceding the date of the filing of the application,including whether such applicant has ever had a license,permit 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 shall be attached to the application; L. A statement listing all criminal convictions or pleas of nolo contendere,except those which have been expunged or sealed by court order,or authorized or required to be kept confidential pursuant to Welfare 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 shall include identification of all ordinance violations,except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying 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,and the individual's fingerprints on a form provided by the entity providing law enforcement services to the city.For persons not residing in the city,the photographs may be on a form from the law enforcement jurisdiction where the person resides.Any fees for the photographs and fingerprints shall be paid by the applicant.The application form shall be signed under penalty 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 limited 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 permit 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 -19 RVPUB\MXM\667951.1 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 seti forth above. Referral for invesg ' ation--License issuance. � A. Upon recei t 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 days of its receipt. If the application i incomplete,the city manager or designee shall deny the application and immediately inform the ap licant in writing of the items needed to complete the application. B. Upon recei t of a completed application,the city manager,or designee thereof,shall refer the adult-oriented liv entertainer license application to the chief of police for an investigation to be made of such inform ion as is contained on the application.In no event shall the investigation or the decision to grant oi! deny a license include information authorized or required to be kept confidential in accordance with Welfare and Institutions Code Sections 600 to 900. After an investigation, including obtaining the information pursuant to Section et seq. of this code that is required of employes, the chief of police shall, within ten (10) days of the receipt of the complete application,issu a report on the issuance of the adult-oriented live entertainer license and the city manager, or desi ee thereof, shall issue such license within the same ten-day(10)period unless one or more of the ollowing findings is true: 1. The applic t has knowingly made any false,misleading or fraudulent statement of material fact in the applic tion 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)years of age; 3. Anpplicant has been convicted of a specified criminal act for which: a. Less than o years have elapsed since the date of conviction or the date of release from confinement,whiche er is the later date,if the conviction is of a misdemeanor offense for the specified criminal acts w 'ch are sexual crimes against children; sexual abuse; rape; or crimes connected with another dult-oriented 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 f e years have elapsed since the date of conviction or the date of release from confinement, which ver is the later date, if the conviction is of a felony offense; for the specified criminal acts w 'ch are sexual crimes against children; sexual abuse; rape; or crimes connected with another dult-oriented business including, but not limited to, distribution of obscenity;the distribution,display or sale of material harmful to minors;prostitution;or pandering, or c. 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 convictions are of two or more misdemeanors -20 RVPUB\MXM\667951.1 for the specified criminal acts which are sexual crimes against children;sexual abuse;rape;or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four(24)months prior to application; 4. The adult-oriented live entertainer will be performing in a building, structure and location which does not comply with the requirements or meet the standards 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-oriented live entertainer license revoked by the city within two years of the date of the current application; 6. The adult-oriented live entertainer license is for a business prohibited by a local or state law, statute,rule or regulation,or prohibited in the particular 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 years of the date of the current application. C. In the event the information requested pursuant to Section et seq.of this code 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-oriented live entertainer license;whereupon the city manager,or designee thereof,shall issue the same.Should the information obtained pursuant to Section et seq.of this code 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 et seq.of this code shall state clearly on its face that the license is subject to suspension on revocation pursuant to Sections of this code. 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.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 shall hear 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 maybe 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 shall have the right to offer testimonial,documentary and tangible evidence bearing -21 RVPUB\MXM\667951.1 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. E. The decision of the city council or hearing officer concerning the appeal of a denial of a license shall be final. If the denial of a license is affirmed on review by the city council, 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 California 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. Conduct of adult-oriented live entertainer. In addition to the requirements of this title,adult-oriented live entertainment shall be subject to the following regulations: A. No adult-oriented live entertainer shall mingle or fraternize with the patrons on the premises of the adult-oriented business while performing. B. Adult-oriented live entertainers shall be restricted to performing 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 around the perimeter of the stage. C. No adult-oriented 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-oriented 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. D. No employee,regardless 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 sale,solicit a sale,provide a service or solicit a service between the hours of two a.m. and nine a.m. -22 RVPUB\MXM\667951.1 of any particular day. Expiration and renewal of license. The adult-oriented 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 finding 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 that 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 shall be subject to appeal to the city council by following the same procedures as set forth in Section of this code. The renewal of an adult-oriented live entertainer license shall be subject to payment of a fee as set by a resolution of the city council. 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-oriented business license set forth in Sections of this code." Division 4. Figure Model Licenses. Definitions. The following terms used in this chapter shall have the meanings indicated below: A. Appeal. "Appeal,"as used herein,shall have the same meaning as set forth in Section of this code. 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 similarly depicted. 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 Sections of this code. D. Nude Model Studio. "Nude model studio" shall have the same meaning herein as defined in Sections of this code. -23 RVPUB\MXM\667951.1 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. License application--Contents. A. Applications for figure model licenses shall 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. The application shall be signed and verified by the applicant and shall contain 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(18)years; 4. Applicant's height, weight, color of eyes, and hair; 5. Applicant's business, occupation or employment for the three years immediately preceding the date of the application; 6. The business license and/or permit license history of the applicant,including whether the applicant has ever had any license or permit issued by any agency,board,city,county,territory or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked or suspended shall also be included; 7. All criminal convictions, excluding minor traffic violations and those convictions authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900, including date and place of each such conviction and the reason thereof; 8. Authorization 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 all information contained in the application is true and correct. -24 RVPUB\MXM\667951.1 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 limited 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 permit 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 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. 5.44.016 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 within two 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 cause an investigation to be made to determine whether a license should be issued as requested.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 investigation,including that obtained pursuant to Section et seq. of this code. Whereupon the city manager,or designee thereof, shall issue or deny the same. In the event the information requested pursuant to Section et seq. of this code is not available within said ten-day period,the chief of police shall--if the application otherwise meets the requirements of this code--recommend issuance of the figure model license. Should the information obtained pursuant to Section et seq. of this code 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 et seq.of this code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Sections of this code.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, shall issue such license within the ten-day period as requested, unless the city manager, or designee thereof, makes any of the following findings: 1. The applicant: a. Has been convicted of a violation of California Penal Code Sections 266h;266i;314; -25 RVPUB\MXM\667951.1 315;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 California Penal Code or any similar provisions of law in a jurisdiction outside the state of California; c. 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 chapter, would be grounds for denial, suspension or revocation of the license; 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 standards. 2. The location of the proposed nude model studio is at a site or location that does not meet the requirements of Section of this code. D. The city clerk shall send to the licensee,by certified mail,return receipt requested, written notice of the action to issue or deny the license.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 of this code. E. The decision of the city council or hearing officer concerning the appeal of a denial of a permit shall be final. If the denial of a permit is affirmed on review by the city council, 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 California 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. Transfer and duration of license. -26 RVPUB\MXM\667951.1 A. No license issued hereunder shall 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 thirty(30)days prior to the expiration 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. Disrobing prohibited. It is unlawful and a misdemeanor subject to punishment in accordance with Section of this code for any person operating a nude model studio or any employee thereof--including a figure model--to allow any customer or patron to disrobe while on the premises.A person 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 one-half inch height and width lettering, which reads: 'PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES.' 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. Figure model license--Display. The license issued pursuant to this chapter for each figure model shall be displayed within an area on the premises open to the public at all times.The identification card issued to a figure model shall be available for display to any police officer or other city officer upon demand. 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 failed to comply with the license conditions or other requirements of this chapter.If in reviewing the application for renewal, the city manager,or designee thereof,determines that the application will likely be denied,then the city manager, or designee thereof, shall 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 -27 RVPUB\MXM\667951.1 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 fmdings for denial of a license under Sections ,or upon any subsequent violation of any provision of this chapter within one year 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 thirty(30) days for any violation of the provisions of this chapter. 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 regular first-class mail to the same address with postage fully paid thereon. This notice shall state the reasons for the proposed 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 the decision of the city manager. D. Appeal. The applicant or license holder may appeal the decision of the city manager by following the same procedures as set forth in Section of this code. 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 chapter.Violations shall subject the violator to punishment in accordance with Section 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 code." 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 Findings. It is the purpose and intent of this chapter to provide for the reasonable and uniform regulation of adult-oriented businesses in the city.It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is -28 RVPUB\MXM\667951.1 therefore the purpose of this chapter to establish criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public health, safety and welfare, preserve locally recognized values of community appearance,minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values. It is the purpose and intent of this chapter to establish proper regulations and to provide for a reasonable number of approximately located sites for adult-oriented businesses within the city,based upon the following findings: A. The city council has reviewed the detailed studies, reports and letters prepared by other jurisdictions and its own staff with respect to the detrimental social, health and economic effects on persons and properties surrounding adult 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,California(1978);Amarillo,Texas(1977);Cleveland,Ohio(1977);Los Angeles, California (1977); State of Minnesota, Attorney General Report (1989); Newport news, Virginia (1996);St.Paul,Minnesota(1987);Corpus Christi,Texas(1995);National Law Center(1995);and Azusa (2003) (collectively "Studies"). The Studies, a summary of which is attached hereto as Exhibit "A," substantiate the adverse, secondary effects of adult-oriented businesses. B. Based on the foregoing Studies and the other evidence presented, the city council finds that: 1. Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and 2. Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located. C. The Studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational or other adult-oriented businesses can cause other businesses and residents to move elsewhere. D. The Studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them. E. The special regulation of adult-oriented 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 areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain -29 RVYUB\MXM\667951.1 circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches or day care centers,thereby having a deleterious effect upon the adjacent areas. F. It is the purpose and intent of these special regulations to prevent the concentration or location of adult-oriented 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 including minors,the special regulation of the time,place and manner of the location and operation of adult-oriented businesses is necessary. G. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult-oriented businesses and residential uses and zones, churches, schools, day care centers,parks and other adult-oriented businesses. H. The need to regulate the proximity of adult-oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other adult-oriented businesses are documented in Studies conducted by other jurisdictions as listed elsewhere in this section. I. The report of the state of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicated that: 1. Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly 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 impacts of sexually oriented businesses are exacerbated when they are located near 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-oriented 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 California State Constitution. L. The proposed parking standards are necessary in the interests of the public health, safety, and welfare to provide for an appropriate amount of off-street parking. RVPUB\MXM\660646 30 RVPUB\MXM\667951.1 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 government interest, including, but not limited to, Crawfore v. Lungren (9th Cir., 1996) 96 F.3d 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 protected by-the First Amendments of the United States and California Constitutions,but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult businesses. The city council has considered decisions of the United States Supreme Court regarding adverse secondary effects and the local regulation of adult businesses, including but not limited to: Young 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);Barnes 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: Topanga Press,et al.v.City of Los Angeles, 989 F.2d 1524 (1993); Key. Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), pet. For cert. Filed (1999); several California cases including but not limited to: Tily B. v. City of Newport Beach,69 Cal.App.4th 1 (1998);City of National City v.Wiener,3 Cal.4th 832(1993);People v. Superior Court(Lucero)49 Cal.3d 14(1989);and City of Vallejo v.Adult Books,et al.,167 Cal.App.3d 1169(1985);and other federal cases including Lakeland Lounge v.City of Jacksonville(5th Cir. 1992)973 F.2d 1255,Hang On,Inc.v.Arlington(5th Cir. 1995)65 F.3d 1248,Mitchell v.Commission on Adult Entertainment (3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074. O. The City has conducted its own study of its land use districts and planning areas and has determined that the establishment of adult-oriented business in the C-2, C-3. M-1 &M-2 zone designations is appropriate,subject to locational and distance requirements that promote the health, safety and general welfare of the public. The City also evaluated the locational and distance regulations in this chapter for separating adult businesses from sensitive land uses, and other adult businesses, and determined the location and distance requirements are appropriate to promote the health, safety and general welfare 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 are provided. Q. The city council recognizes that the standards and regulations in this chapter do not preclude reasonable alternative avenues of communication. The city council takes note of the proximity of at least 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. RVPUB\MXM\660646 31 RVPUB\MXM\667951.1 R. The city council recognizes that a sufficient number of appropriate locations for establishing an adult business in the City are provided considering the City's predominant residential character,where percent( %)of the total land area of the City is designated for commercial and industrial land uses,and the fact that no formal requests to establish an adult business have been received. S. Finally, the city council also takes note of the proliferation of adult material on the Internet 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 Internet); see also:Anheuser-Busch v. Schmoke, 101 F.3d 325,329(4th.Cir. 1996)(rejecting First Amendment challenge to Baltimore ordinance restricting alcohol advertisements on billboards and acknowledging that the Internet is an available channel of communication); U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); and U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996)(cert denied 519 U.S. 820). The emergence of the Internet provides a virtually unlimited additional source of adult oriented sexual material available to persons without regard to geographic boundaries. An adult business no longer needs to be actually physically located within a City to be available to the community. Definitions--Adult-oriented business. An "adult-oriented 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 entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas. Adult-oriented 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-oriented business,only conduct or activities which constitute a regular and substantial course of conduct or a use which has a majority of its floor area, stock-in-trade or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas shall be considered. Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities,taken together,constitute a regular and substantial course of conduct. Adult-oriented businesses include, but are not 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 picture machines, projections or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified RVPUB\MXM\660646 32 RVPUB\MXM\667951.1 sexual activities or specified anatomical areas. 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 are characterized by an emphasis upon the depiction or description of'specified anatomical areas; 2. Instruments,devices or paraphernalia which are designed for use in connection with specified sexual activities; or 3. Goods which are replicas of or which simulate,specified anatomical areas,or goods which are 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 that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult/video/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 adult/video/dvd store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. C. Adult Cabaret.An"adult cabaret"is a bar,nightclub or similar establishment which features dancers, strippers or similar entertainers who expose specified anatomical areas of their bodies. D. Adult Motel. An "adult motel" means a hotel, motel or similar commercial establishment which: 1. Offer 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 are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right of way which advertises the availability of this adult type of photographic 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. RVPUB\MXM\660646 33 RVPUB\MXM\667951.1 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 are regularly shown which are characterized by the depictions or description of specified sexual activities or specified anatomical areas. 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 areas.Adult tanning salon or parlor also includes a business establishment where a patron and an employee of the establishment are nude or expose specified anatomical areas. An adult tanning salon or parlor also includes a business establishment where the employees thereof are nude or expose specified anatomical areas. 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 hall,auditorium or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of specified sexual activities or by specified anatomical areas. 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 appears in a state of nudity or displays specified anatomical areas 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 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 Supermarket/Sex Mini-Mall. A "sex supermarket/sex mini-mall" means the establishment or operation of more than one type of adult-oriented 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: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or RVPUB\MXM\660646 34 RVPUB\MXM\667951.1 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 areas or engage in or simulate 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. Additional defmitions. In addition to the terms defined in Sections ,the following words and phrases shall 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 determinations made by the city manager/designee pursuant to this chapter to the planning commission and city council. B. Establishment. An "establishment" means and includes any of the following: 1. The opening or commencement of any adult-oriented business as a new business; 2. The conversion of an existing business,whether or not an adult-oriented business,to any adult-oriented business; 3. The addition of any adult-oriented business to any other existing adult-oriented business;or to another existing non-adult-oriented business,with or without expansion of floor area; 4. The relocation of any adult-oriented business; or 5. The expansion or enlargement 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,anal cleft or the female breast with less than a fully opaque covering of any part of the areola. D. Private Viewing Area. "Private viewing area" means an area or areas in an adult- oriented 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 shall be established,maintained or authorized,and there shall be no doors, curtains, stalls or other enclosures creating a private viewing area. 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 RVPUB\MXM\660646 35 RVPUB\MXM\667951.1 secondary academic instruction--including kindergartens,elementary schools,middle or junior 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 shall not include any portion of the cleavage of the human female breast,exhibited by a dress,blouse,skirt,leotard,bathing suit or other wearing apparel provided the areola 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-oriented business including,but not limited to,the distribution of obscenity;violations involving the distribution,display or sale of material harmful to minors;prostitution;or pandering. Specified criminal acts shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900. Definitions--Specified anatomical areas and specified sexual activities. The following words and phrases when used in this title shall have the meaning set forth below: A. Specified Anatomical Areas. "Specified anatomical areas" 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 genitals in a discernibly 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 erotic 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; RVPUB\MXM\660646 36 RVPUB\MXM\667951.1 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. Adult use planning permit--Adult-oriented business--Application. In order to operate an adult-oriented business within this city,the applicant or proprietor of the business must obtain the license required by and any other license required by Title of this code and an adult use planning permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section of this code,for an owner, operator,manager or employee to operate an adult-oriented business without processing an adult use planning permit--including an interim adult use planning permit required by this chapter and any license required by Title 5 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 this 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 shall 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 fifty 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-oriented 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 are proposed to be conducted within the building; H. A site plan as specified in Chapter of this code; 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 entertainment; RVPUB\MX \660646 37 RVPUB\MXM\667951.1 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 business days of the receipt of the application, the community development director,or his designee,shall determine whether it is complete and contains all information required by this section. If the application is incomplete,the community development director shall deny the application and immediately inform the applicant in writing 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 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 limited 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 permit 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 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. Referral of application for investigation. The community development director shall refer the completed permit application to the chief of police for an investigation to be made of such information as is contained on the application. A. After an investigation, including obtaining the same information required of employees pursuant to Section et seq.of this code,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 planning 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 permit 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-oriented business is open; 3. That an applicant is less than eighteen(18)years of age; RVPUB\MXM\660646 38 RVPUB\MXM\667951.1 4. That an applicant has been convicted of a specific criminal act for which: a. Less than two 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 misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful 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 are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering, c. 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 convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children;sexual abuse;rape;or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four(24)months prior to application, 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 criminal acts may qualify to own,operate or manage an adult-oriented business only when the required time period has elapsed. 5. That the application is incomplete. B. In the event the information requested pursuant to Section of this code 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 and the permit shall issue therefrom. Where upon,the city manager,or designee thereof,shall issue the permit. Should the information obtained pursuant to Section et seq. of this code materially vary from that on the application, such variance shall be cause to revoke the permit.Any permit issued prior to the city receiving the information required by Section et seq. of this code shall state clearly on its face that the permit is subject to suspension or revocation pursuant to Sections of 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 Institutions Code Sections 600 to 900. RVPUB\Iv XM\660646 39 RVPUB\MXM\667951.1 Reservation of right to review adult use planning permit--Changed conditions. Any adult use planning permit 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 are 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 permit 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 commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit. Time limit for land use review and decisions--First Amendment protected businesses. A. Interim Adult Use Planning Permit. Within two business days of the receipt of an application, the community development director, or his designee, shall determine whether it is complete and contains all information required by this chapter. If the application is incomplete,the community development director shall immediately deny the application and inform the applicant in writing of the items needed to complete the application. The community development director shall approve or deny an application for an adult use planning permit for a business protected by the First Amendment of the United States Constitution within ten days from the date on which an application is deemed complete by the director. In order to avoid undue delay or suppression of any protected expression, the community development director shall make an initial determination of the required information contained in the application to process an interim adult use planning permit within five days of the date of filing the complete application. If the application is sufficient to issue an interim adult use planning permit, such shall be issued by the community development director within ten days of the date the application was deemed complete. A sufficient application shall include,but not be limited to,the applicant's meeting the requirements to be issued an adult-oriented business license required by Chapter of this code and the proposed business must be located in the zoning districts and subject to the locational and setback requirements of Section of this code.The granting of the interim adult use planning permit by the community development director is without prejudice to and does not preclude the denial of the final adult use planning permit application filed by the applicant. The interim adult use planning permit shall terminate upon the planning commission taking action on the fmal adult use planning permit.No right to operate beyond the termination of the interim adult use planning permit for a First Amendment protected business shall vest in the applicant if the applicant is unable or unwilling to obtain the adult-oriented business license required by Chapter 5.40 of this code and the fmal adult use planning permit required by this section. 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 limit established by this section may be extended once for a period not to exceed ninety (90) days upon consent of the community development RVPUB\MXM\660646 40 RVPUB\MXM\667951.1 director and the applicant. The application shall be processed and noticed in the same manner as conditional use permits are processed and noticed under state law and Chapter of this code. 1. To approve the final adult use planning permit, the planning 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 taxes, fees, fines or penalties assessed against or imposed in relation to an existing or former adult-oriented business; c. That the building,structure,equipment,and location used by the business for which an adult-oriented 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, and the city; d. That the conduct of the adult-oriented business as proposed by the applicant, if permitted, will comply with all 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 planning permit application or any other document required by the city in conjunction therewith; • f. That the use is permitted in the zone, district or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone,district or area-- including the provision of required parking; g. That the use is in conformity with the locational criteria set forth in Section of this code; h. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of Section of this code; i. That the proposed conduct of the adult-oriented business is in compliance with all applicable performance standards of Section of this code. 2. In the event the planning commission,or the city council on appeal,denies the final adult use planning permit application, the business shall cease its operations as an adult-oriented business and no further activities regulated by this chapter or Chapter ,of this code shall be conducted on the premises unless and until an adult use planning permit and all licenses required by Chapters ,of this code are obtained.The interim adult use planning permit shall also terminate on the date the adult use planning permit application is denied. 3. If the permit requested is for a development project for construction or reconstruction RVPUBvfl660646 41 RVPUBM\667951.1 subject to the Permit Streamlining Act(Government 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 planning permit's 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 Section of this code, the planning commission or the city council shall render its decision on the appeal within sixty(60)days. C. The decision of the city council concerning the appeal of a denial,denial of renewal, suspension or revocation of a permit shall be final. If the denial, denial of renewal, suspension or revocation of a permit is affirmed on review by the city council,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 California 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. Applicability and nonconforming period. All design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health,safety,and welfare and shall be applicable and govern all existing and proposed adult-oriented businesses immediately upon adoption and passage of this chapter. In the event that there is any adult-oriented business lawfully in existence prior to the adoption of this chapter and is not in compliance with the design and performance standards of this chapter, any such adult-oriented business shall conform to all design and performance standards within six months of the effective date of this chapter. Extension of nonconforming amortization period adult-oriented businesses. A. An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided in Chapter of this code. B. The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented 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 determines 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 resolution of the city council.The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by Section 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 party 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. RVPUB\MXM\660646 42 RVPUB\MXM\667951.1 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. The required fees; 4. A mailing list and a set of gummed labels with the names,addresses and tax assessor parcel numbers of all owners of real property within a radius of three hundred(300) feet from the external boundaries of the property on which the adult-oriented business is located; and 5. A tax assessor's parcel map identifying the properties to be notified within the three hundred (300) foot radius. If the application is not complete, the community development director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted,the application shall be deemed complete. D. The planning commission shall hold a noticed public hearing on the request for an extension. E. Reserved. F. Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use,and in determining the appropriate length of such an extension,the planning commission shall consider the amount of investment in the business,the opportunities for relocation to a legally permissible site,the costs of relocation,the effects of the business on the surrounding area,and the following additional factors: 1. 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 improvements; 4. The remaining lease term; 5. The ability of the business and/or land owner to change the use to a conforming use; RVPUB\MXM\660646 43 RVPUB\MXM\667951.1 and 6. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented 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. Continuation of nonconforming buildings and uses. A. Any nonconforming building may be continued and maintained,except as provided in this chapter,provided there are no structural alterations, except as provided in this chapter. B. Any nonconforming use may be continued, except as provided in this chapter, provided that the use shall not be increased,enlarged,extended or altered,except as provided in this chapter. Removal or alterations of nonconforming uses. The following provisions shall apply to adult-oriented businesses: A. Any adult-oriented business which is a nonconforming use on , shall be subject to an amortization period expiring ,and any adult-oriented business which becomes a nonconforming use after , shall be subject to an amortization period of three years commencing on the date the use becomes nonconforming. B. The owner of any adult-oriented business which is a nonconforming use may apply for extension of the amortization period,pursuant to Section of this code.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. C. Upon the conclusion of the amortization period,any adult-oriented 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. General provisions. Adult-oriented businesses shall only be permitted to be established in the zone shall be subject to the location and design standards specified by this chapter and the requirement of an adult use planning permit as otherwise provided in this code. Location,design and performance standards. RVPUBMCM\660646 44 RVPUB\MXM\667951.1 A. An adult-oriented business shall not be established or located within five hundred (500)feet of: 1. Any zone or land use district within the City which contains the words"residence"or "residential" within this title; 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 care center,park or playground or property zoned,planned or otherwise designated for such use by city action; or 5. Any other recreational facility where minors congregate or property zoned,planned or otherwise designated for such use by city action. B. An adult-oriented business shall not be established or located within five hundred (500) feet of an existing adult-oriented business. If two or more existing adult-oriented businesses are located in closer proximity to each other than five hundred(500)feet,then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses. C. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures,from the nearest point of the building or structure in which the adult-oriented business is or will be located to the nearest property line of any land use,land use district or zone described in subsection A of this section, or to the nearest point of the building or structure in which an existing adult-oriented business described in subsection B of this section, is located. D. No advertising sign or structure,advertisement,display or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments,devices or paraphernalia designed for use in connection with specific sexual activities, shall be shown or exhibited so as to be visible from any exterior area. E. All building openings,entries and windows shall 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-oriented business,and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area. G. The establishment of an adult-oriented business shall comply with the applicable site development standards--including parking--of the zone,district or area in which the adult-oriented business is located,the building code,fire code,and the health and safety code of the city.An adult- RVPUB\MXM\660646 45 RVPUMMXM\667951.1 oriented business shall comply with the applicable city permit and inspection procedures.In addition, adult-oriented businesses shall comply with the following performance standards: 1. Each adult-oriented business shall have a business entrance separate from any other non-adult business located in the same building. 2. No adult-oriented business shall be operated in any manner that permits the observation by the public of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location beyond the walls of the building or portion thereof in which the adult-oriented business is conducted. 3. The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. 4. Each adult-oriented 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 all times that the adult-oriented business is open to the public. 5. Any viewing room shall be visible from the manager's station of the adult-oriented 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-oriented businesses,including buildings,landscaping and parking areas, shall be maintained in a clean and orderly manner free of trash,weeds and debris. 7. The maximum occupancy load,fire exits,fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the County fire department and the city's building department. 8. No adult-oriented business shall operate between the hours of two a.m.and nine a.m. of any particular day.The planning commission,or city council on appeal,shall establish the actual permitted hours of operation for each permit approved or granted.No owner, operator,manager or employee of an adult-oriented business, regardless of whether or not a permit has been issued for said business under the provisions of this code,shall allow such business to remain open for business or to permit 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 two a.m. and nine a.m. of any particular day or in violation of the actual permitted hours of operation established in the conditions of approval for the permit. 9. Off-street parking shall be provided for the adult-oriented business as specified for the zone, district or area in which the business is located in accordance with the parking provisions of this code and as follows: Adult Theater, Adult Cabaret or Adult Motion Picture Arcade. One parking space shall be provided for every two seats in the viewing room,or one parking space shall be provided for every RVPUB\MXN1\660646 46 RVPUB\MXM\667951.1 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 parking space shall be provided for each employee on the maximum shift. 10. Any person who operates or causes to be operated an adult-oriented business,other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this code,which exhibits on the premises in a viewing room or viewing booth of less than one hundred fifty(150) square feet of floor space, a film,video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: a. Upon application for an adult-oriented business license, the application shall 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 permitted.A manager's station(s)shall not exceed thirty- two (32) square feet of floor area. b. No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the director of community development. c. It is the duty of the permit-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 unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any 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 permitted 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 patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter. 11. An on-site security program shall be prepared and implemented including the following items: a. All off-street parking areas and building entries serving the adult-oriented 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 parking surface and/or walkway.This required lighting level is established in order to provide sufficient illumination of the RVPUBMCM\660646 47 RVPUB\MXM\667951.1 parking areas and walkways serving the adult-oriented 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-oriented business, except those areas 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-oriented 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 shall be licensed in accordance with the California 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. b. No adult motion picture arcade 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. c. Maximum 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 permitted in any room or partitioned portion of a room in which an image producing device is located. 13. Adult Hotel/Motel. a. Evidence that a sleeping room in a hotel,motel or a similar 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 hotel/motel as that term is defined in this title. 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-oriented 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. Couch dancing/straddle dancing and other sexual activities prohibited. RVPUB\MXM\660646 48 RVPUB\MXM\667951.1 For purposes of this section, "couch dancing" or "straddle dancing" shall be defined as an employee of the adult-oriented business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity. A. No person shall operate or cause to be operated an adult-oriented business,regardless of whether or not a permit has been issued under this code, knowingly or with reason to know, permitting, 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-oriented business while engaged in the display or exposure of a specified anatomical area 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 area or engaged in or simulating a specified sexual activity. B. No employee of an adult-oriented business 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-oriented 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-oriented business,regardless 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- oriented business. D. No person at any adult-oriented business,regardless 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 area or engaging in or simulating a specified sexual activity. RVPUB\MXM\660646 49 RVPUB\MXM\667951.1 E. No employee of an adult-oriented business,regardless of whether or not a permit has been issued for said business under this chapter, shall engage in a performance, solicit a performance,make a sale, solicit a sale,provide a service or solicit a service between the hours of two a.m. and nine a.m. of any particular day. Establishment of an adult-oriented business. The establishment of an adult-oriented 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-oriented business), to any adult-oriented business; C. The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this subsection, "enlargement" 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 parcel of land." SECTION 6. Severability.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 declared invalid or unconstitutional. SECTION 7. CEQA Determination. The adoption of this Ordinance 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 fords 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-oriented 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 summary thereof to be published within fifteen(15) days of the adoption and shall 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 Government Code Section 36933. RVPUB\MXM\660646 50 RVPUB\MXM\667951.1 PASSED, APPROVED,AND ADOPTED this day of ,2004. Cristina Cruz Madrid, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney RVPUB\MXM\660646 51 RVPUB\MXM\667951.1 RVPUB\MXM\660646 52 RVPUB\MXM\667951.1 EXHIBIT"A" SUMMARY OF ADULT BUSINESS ADVERSE SECONDARY EFFECT STUDIES AND LETTERS 1. Environmental Research Group - 1996 (Report: The American Center for Law and Justice on the Secondary Impacts of Sex- Oriented Businesses) This report provides evidence showing that crime rates are significantly higher in areas with one or more sex-oriented business than in comparable areas 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 areas containing a sex-oriented business. In addition, 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 larger 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 Phoenix) 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 are located. Crime statistics also showed that all types of crimes, especially sex- related crimes,occur with more frequency in neighborhoods where sexually-oriented businesses are located. Perpetrators of criminal activities at or near adult establishments often have records for prior arrests for moral turpitude 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 crime rates exist,particularly for sex-related crimes,in areas located near adult businesses.Further,the study reports that adult entertainment establishments have a negative effect upon property values and perceptions in a neighborhood. Furthermore, adult entertainment RVPUB\MXM\660646 53 RVPUB\MXM\667951.1 businesses tend to locate in areas with poorer residential conditions. Residential conditions thereafter tend to worsen. Concentrations of adult entertainment 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 crimes, especially sex-related crimes,occur with more frequency in neighborhoods where sexually-oriented businesses are located. Sex-related crimes occur more frequently in predominantly residential areas than in areas that are 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 are greater for residential properties than for commercial properties. Property owners and businessmen surveyed in the Los Angeles study area cited the following adverse effects resulting from adult entertainment establishments locating near their 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(TX),and Indianapolis to support the theory that a concentration of adult businesses results in deteriorating property values and depressed neighborhood conditions,particularly 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,particularly prostitution,drugs, assault, and sex crimes. The New Hanover County Planning Department also provided recommendations to address impacts created by adult business establishments 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 Prepared by Las Vegas,NV- City Commission Minutes for Regular Meeting on 3/15/78) This study includes: (1) A transcript from the City Commission Meeting on 3/15/78; - 3 individuals commented for the record: RVPUB\MXM\660646 54 RVPUB\MXM\667951.1 1. A physician whose practice was located near 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 area move their businesses elsewhere because of the presence of the adult business in that particular area.The physician also commented on how the business had adversely affected his practice because people had commented to him that having his practice near a pornographic business is not appealing; 2. The Executive Director of Christian Coalition did not believe a 1,000 ft. separation restriction was stringent enough; and 3. The City Attorney 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 affidavits from a city planner (recommending a dispersal ordinance),police officer(concentrations of adult businesses have adverse effects on the surrounding areas), and a sociologist(recommended a dispersal ordinance); and (3) Questionnaires that were distributed to 4 categories of persons:brokers and Realtors in the area, owners and residents (who lived in neighborhoods located near adult entertainment businesses), business owners and proprietors (who owned businesses located near adult entertainment businesses); and a cross-section of people (who lived in neighborhoods not located near adult entertainment businesses). The questionnaires tended to show that adult entertainment businesses had a deteriorating effect on surrounding neighborhoods. 8. Cattaraugus 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 Ellicottville at the time of the study nor did the Town's existing land use regulations address adult uses,however the Town Board 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 recreational tourism and the Town feared that the uncontrolled establishment of adult entertainment businesses would conflict with Ellicottville's efforts to remain a family oriented,tourist community. The Board 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 bars (one method: to use their exclusion of minors as part of the definition). RVPUB\MXM\660646 55 RVPUB\MXM\667951.1 9. Islip,NY- 1980 (Study&Recommendations for Adult Entertainment in the Town of Islip) The Town of Islip wished to create a dispersal ordinance similar 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 Department of City and Planning for City of N.Y.) This study shows that adult entertainment is more readily accessible than it was ten years ago. Adult videos are produced in greater numbers and at lower costs. They are often available in general interest video stores as well as those devoted 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 near each other. Studies of adult entertainment uses in areas where they are highly concentrated, such as Times Square and Chelsea, identified a number of significant negative secondary impacts. In the Times Square area, 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 Square area where adult uses are 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 near them. Furthermore,most real estate brokers reported that adult entertainment establishments were perceived to negatively affect nearby property values and decrease market values. In addition,adult use accessory business signs are generally larger, more often illuminated, and graphic (sexually- oriented) compared with signs of other nearby commercial uses. Community residents view this signage as out of keeping with neighborhood character and were concerned about the exposure of minors to sexual images. 11. New York Times Square - 1994 (Report on the secondary effects of the Concentration of Adult Use Establishments 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 area. The study did reveal a reduction in criminal RVPUB\MXM\660646 56 • RVPUB\MXM\667951.1 complaints the further one went from the major concentration of adult establishments. Furthermore, many property owners,businesses,experts and officials provided anecdotal evidence that proximity (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 oriented businesses. From 1984 to 1989, the police department in Oklahoma City cracked down on the150+ adult oriented businesses in the City. Priorities 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 bars,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 pornography,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 corners of bars. 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 Cleburne itself enacted a strong SOB ordinance, SOBs would simply locate just outside Cleburne in adjacent cities. Thus,it was important to get the participation of as many cities in the county as possible to support Cleburne's efforts to effectively regulate adult businesses. The county-wide task force held public hearings where experts testified as a precursor to each city planning and zoning commission and council later holding their own separate, individual hearings to discuss adoption of SOB regulations in their individual jurisdictions. Task force findings included the following: major and sex-related crime rates are substantially higher in areas within the vicinity of an SOB; property values for areas surrounding 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, and RVPUB\MXM\660646 57 RVPUB\MXM\667951.1 public safety of cities and counties 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, TX) This study presented evidence concerning the high rates of police calls from SOBs.Research also showed a higher number of crime arrests (including rape, prostitution/commercial vice, and other sex offenses)where SOBs were concentrated versus areas where SOBs were spaced more than a half mile apart. Such findings lead to the theory that there are increased crime arrests and disturbances requiring police presence around SOBs and significantly more crime when there is a concentration of SOBs in one area. Real estate brokers active in Dallas areas reported that SOBs "are perceived to negatively affect nearby property values and decrease market 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 impacting the nearby residential neighborhoods. When concentrated,SOBs typically compete with one another for customers through larger,more visible signs,and graphic advertising. Investors and lenders are unwilling to invest in new improvements in areas near SOBs.Thus,vacant land often sits idle for years. Single-family homes in areas near SOBs frequently end up as rentals because the families move away from the SOB-dominated area 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 preparation 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 realize a decrease in property value (affecting both residential and commercial properties). Properties located near adult entertainment businesses experience an increase in listings on the real estate market. Crime A statistically significant increase in crime is found in areas where adult entertainment businesses are located. The average crime rate in the study areas was 72%higher than the rate for RVPUB \660646 58 RVPUB\MXM\667951.1 control areas. Sex-related crimes occurred more frequently within neighborhoods having at least one adult entertainment business than in those neighborhoods with no adult business. The neighborhood residents within the study areas also perceived far 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 are associated with SOBs,the City Council Committee determined the necessity of licensing all SOB entertainers and managers. Testimony 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 clear regulations encourage lewd sexual behavior or sexual contact. Many businesses are designed with internal areas that are out of the view of managers and are 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 entertainment establishments in Newport News had higher rates of police calls compared to nearby restaurants(adult entertainment establishments accounted for 65%of the area's calls). Realtors who were knowledgeable of local market conditions indicated that having adult uses nearby 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 concerns for personal safety, increased crime,noise, strangers in the neighborhood, and parking 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 are located. 18. Bellevue, WA- 1988 (City of Bellevue -Background Material from Planning Director to City Council) This study discussed telephone surveys of real estate appraisers conducted by the Kent Planning Department. The appraisers cautioned that each case must be evaluated individually and according to its particular 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 appearance and condition of RVPUB\MXM\660646 59 RVPUB\MXM\667951.1 the adult business and neighborhood characteristics. As for commercial properties,most appraisers felt that there would be little to no adverse impacts to surrounding businesses or property values. The conclusion therefore,was that in order to protect property values,adult uses should be located in commercial areas not adjacent to any residential uses. In Bellevue, there existed three adult uses. An analysis of police reports for these areas showed no higher incidence of crime than in adjacent areas without adult uses. However, all properties were located in established commercial areas and all structures in which these uses were located were in excellent condition. 19. Des Moines,IA- 1984 This study analyzed cases from Detroit,Boston,New Orleans,and Los Angeles 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 area most appropriate in Des Moines for adult uses was not the City's revitalization area(or business district)because of its close proximity to schools,residential areas,parks,playfields,etc.,but rather that such uses would be more appropriately located near the City's main highway. This conclusion was supported by the fact that children had limited access ways to schools and a location near 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, WI) St. Croix County had not experienced any major problems with its two adult entertainment establishments. However, the County wished to implement new regulatory measures as a prophylactic measure. This study analyzed the Detroit case and ordinance to support the theory that a dispersal model like Detroit's 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 addition of one sexually- oriented business to a census tract increases the overall crime rate index in that area by 9.15 crimes per thousand people per year even if all other social factors remained unchanged. In St. Paul,there was a significantly higher crime rate associated with two adult businesses in an area than an area with only one adult business. Housing values were also significantly lower in an area where there were three adult businesses compared to an area with only one adult business. Individuals who lived near adult businesses testified concerning the following:pornographic materials were left in adjacent lots;prostitution resulted in harassment of neighborhood residents; adult businesses contributed to infiltration of organized crime in those areas. RVPUB\MXM\660646 60 RVPUB\MXM\667951.1 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 Garden Grove, California: The Relationship Between Crime and Adult Business Operations on Garden Grove Blvd(1991) This study was commissioned by the City of Garden Grove to research the secondary effects of adult businesses in the City. It summarizes an exhaustive series of statistical 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-year period. The researchers found that "crime 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 areas) and areas without adult businesses (control areas) within the City of Austin. Both control and study areas were circular in shape with a radius of 1,000 feet. These areas contained similar land uses and were in close proximity to one another. Four study areas were defined: two with single businesses and two with more than one business. Within the study areas, sex-related crimes rates were two to nearly five times the city-wide average. Also, sex-related crime rates were found to be 66%higher in study areas with two adult businesses compared 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 findings of the Amarillo Planning Department regarding the adult entertainment industry within the confines of the City of Amarillo. These fmdings analyze the land use effects of adult entertainment businesses and alternatives 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 crime rates. 26. Police Reports and Letters. The following police department reports are also available: RVPUB\MXM\660646 61 RVPUB\MXM\667951.1 a. Anaheim, CA Letter in Response to NFLF 1998: From 1/1/95 to 12/31/97, the Anaheim Police Department responded to calls for service at nude theaters and topless bars 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. c. Los Angeles, CA Letter re Harmful Effects 1998: commented on the significant increase of nude juice bars from 1996-1998; although the juice bars comply with L.A.=s zoning ordinances, citizens from the surrounding areas protested the businesses (prostitution and lewd conduct arrests had been made in and around many of the juice bars). d. Cleveland,OH Letter re Harmful Effects 1977: Lists crimes which have occurred in or near adult businesses in the City of Cleveland such as murder,rapes,and other sex offenses,and robberies. e. Bellevue, 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 regarding 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 observation 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 lighting. RVPUB\MXM\660646 62 RVPUB\MXM\667951.1 EXHIBIT "Al" Los Alamitos Police Department Memo To: Chief McCrary From:Sergeant Arnold Date: 8/27/2003 Re: Sexually Oriented Businesses Over the past two weeks I have solicited information from various police agencies in Orange County regarding police responses to Sexually Oriented Businesses, specifically adult clubs with nude or partially nude entertainment. 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,which hosted different"theme"nights,attracted different types of clientele depending on the theme,and"amateur nights"were typically the busiest nights with regards 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 activity. 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 Ma currently has three adult clubs. One is a partially nude strip bar with an ABC license to sell alcohol,one is a totally nude juice bar with no ABC license,and the other is a bikini bar 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 traffic collisions,kidnapping,and burglary alarms. The police department 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 are located in the city of Lake Forrest in south Orange County. One started out as a bar which featured clad dancers but has since become a topless bar. The other has nude dancers and caters to different clientele depending on the night. Twenty reports have been taken since 1990 regarding the second bar and 75% of the reports list the bar 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 bar. This usually revolves RVPUB\ XM\660646 63 RVPUB\MXM\667951.1 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-arm robbery. The other club is under investigation by ABC for allegations of prostitution. Customers receive a lap dance and then for an extra fee,are 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 bars. From January 1,2003 to the present,patrol has responded to 94 calls for service at these clubs. Most of the calls for service involved disturbances of the peace,assaults, suspicious circumstances,unknown trouble reported,burglar alarms,trespassing,stolen vehicles,and others. Garden Grove Police Department The City of Garden Grove reports no adult clubs within their city. They do however,have several adult bookstores. The most common crimes associated with these businesses are public masturbation and narcotics related offenses. La Habra Police Department 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 department reports no calls for service at this club. Huntington Beach Police Department 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 regarding Sexually Oriented Businesses was paramount 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 Diego Police Department The City of San Diego reported problems with organized crime and biker gangs associated with adult clubs. Specifically, Mafia and Hell's Angels. They also reported narcotics 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. RVPUB\M CM\660646 64 RVPUB\MxM\667951.1 La Palma Police Department 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. Brea Police Department Brea has no adult clubs. Cypress Police Department Cypress has no adult clubs. RVPUB\MXM\660646 65 R VPUB\MXM\667951.1 IP or ri__ tp �',� AZUSA`' AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROY BRUCKNER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 1, 2004 SUBJECT: A TWELVE MONTH STATUS REPORT ON THE EIGHTEEN MONTH EXTENSION OF THE AMORTIZATION PERIOD OF TIME ALLOWING A NONCONFORMING USE TO CONTINUE OPERATION AT 330, 336 &350 W. FOOTHILL BOULEVARD AND 638, 640, 642 &644 SUNSET AVENUE. RECOMMENDATION: Hear status report from the Owner. UPDATE: On February 18, 2003, the City Council approved the application for an extension of the amortization period of time for 330, 336 & 350 W. Foothill Boulevard and 638, 640, 642 8.644 Sunset Avenue. The applicant was granted eighteen months in which to market the C3 zoned properties to residential developers, a use which is more consistent with the proposed General Plan. On February 3, 2004, Planning Division and Redevelopment Department staff met with the applicant to discuss the progress of the marketing effort. During the past twelve months, the applicant has discussed the property with two residential developers. One developer is interested in obtaining the entire 300 block of Foothill Boulevard, from Angeleno Avenue to Sunset Avenue. This same developer has been in contact with the Planning Department for further discussion. Attached is a letter from the broker representing the property owners, describing their progress to date in marketing the site. ZiOdy G06/. r Sallee flicvcI • - (.;um!uucrcial Rral Etirare February 25, 2004 Ms. Susan Cole Associate Planner City of Azusa 213 East Foothill Boulevard Azusa, California 91702-1395 RE; 330 West Foothill Boulevard Azusa, California Dear Ms. Cole: The property in question is comprised of six (6) lots measured to be approximately 50'x150' for a total of approximately 45,000 square feet. These lots face Foothill Boulevard on the North and run from Sunset on the West to Angelino on the East. These are the owners as follows: 330 to 350—I. Dusserre 324—Single Family Home 300—Batting Cage Property—Mr. Fred Peterson At this time we have received offers on the Dusserre and Peterson Property. The developer that made the offers has placed the single-family home in escrow. In order to improve this block and accommodate additional residential housing we have asked the City of Azusa to assist us in relocating the batting cage operation. The time line for placing the Dusserre and Peterson properties in escrow is estimated to be in the next week or two. Sincerely, Norman R. Sauve Sauve Riegel, Inc. 12 South Raymond Avenue,Suite A,Pasadena,California 91105 • Tel: (626) 585-4321 • Fax: (626) 683-3990 • wwwsauveriegel.com • Foothill Boulevard ,05 Dc Dc , 1[1 ,Ir,. 1111 111., 1l,�l ,l 300 350 I 338 330 11 ' 1 I ''l i' li 1 �I I >L I' ��i'�' Il1lll� 1j l (1i III It 1 1 ,f I1ir) Ill�f!II 111111 it I II11 111;1,1 1 1 , , I ; I� , SII I'�II � !!�i i; liijiil ,( !I� I ISaresOlfx� I;�, 1 illi) i�l! 11� 1'li I III 11,' 11��I Illi ll ���1 iil 11''1 J'l ll IIIi I I I, 11111; 111�I1;i11 ri III II�j Ili; Battin Cages Batting Cages II � I 9 9 , 1[11i1�,1[[ 11 II Illi 111 `11 to 1-u b 1 (i m. [ 1 ; I �Iilllilll ii 11 I � 'a 1 lll 111 1 1� �I 11 II I I ,L; I![ 1111' 1111 11 11' 111L1 1 111 . _ \ ,,1111 ! � Illl:flll '!f , l 111 ; , 1 �1 1.1 4 residential units i'1,111j 1,11 1 1 [�''I'�111'11 [1 1[li�l� 1 \` 1 !I 1 Iii I III 'I 'Il I 1111111111 !II �,I1 1 , 111 ;1;,1 ;,, ,1,, �,I;, 'll,il , L it i I1 1 1111�;1r'Ij1 I 1 ►I{I j� LI11 it (111111 j1i! I 1 L 111 11I11r I1 ,1,111�!11!li�'� 1lil�lli,Ilifl'!I11 330-350 West Foothill Boulevard 324 West Foothill Blvd. 330 West Foothill Blvd. Azusa, California IT) 1` • V\lt.: 10- I AZUSA AGENDA ITEM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR RICK COLE, CITY MANAGER DATE: MARCH 1, 2004 SUBJECT: REPORT ON RESTAURANT GRADING RECOMMENDATION It is recommended that the City Council review the report and provide direction to staff. BACKGROUND At the City Council meeting held on February 2, 2004, City Council directed staff to provide a report on the Los Angeles County Health Department Restaurant Grading System for possible adoption in the City of Azusa. From a historical perspective, the Los Angeles County Board of Supervisors adopted Ordinance No. 97-0071 on December 16, 1997, that required, among other things, for restaurants to post a letter grade, or score card, or both, depicting all retail food facilities latest health inspection results. In adopting the ordinance, the Board of Supervisors requested that all cities in Los Angeles County consider adopting a similar ordinance in order to facilitate countywide implementation by the Los Angeles County Health Department. At the request of the Los Angeles County Health Department, an informational item was provided to the Azusa City Council on February 17, 1998, concerning the grading system, and the requirement for "Certified Food Handlers" to be present during business hours. At that time Council had a number of concerns about adding potentially significant costs, as well as additional regulations on Azusa Businesses. Additional questions were raised concerning the estimated $125.00 cost that would have been incurred by each "Certified Food Handler" that would have been required under the County Ordinance. The "Certified Food Handler" component became particularly problematic if the cost had to absorbed by minimum wage food service workers, or if small businesses would see recurring costs every time a required "Certified Food Handler" left the business. Accordingly, Council referred the issue to Economic Development for further review. Staff is unaware of any further action that may have been taken by Economic Development concerning this issue. However, in 1998, the State Legislature, via AB 1978, added Section 113716 Health and Safety Code that, to a large extent, now occupies the area of "Certified Food Handlers" (copy attached). The basis for the grading system adopted by the Los Angeles County Health Department stems from the "California Uniform Retail Food Facilities Law" (California Health and Safety Code Section 113700 et seq.), and more specifically Section 113715 Health and Safety Code that provides as follows: "Sec. 113715 Nothing in this chapter shall prohibit a local governing body from adopting an evaluation or grading system for food facilities, from adopting an employee health certification or employee training program, from prohibiting any type of food facility, or from regulating the provision of patron toilet and handwashing facilities." From a practical standpoint, an "A" Grade posted on a restaurant does not mean that • the food establishment is clean, free of vermin, rodents, cockroaches, or that employees working in the restaurant do not pose a hazard due to potential disease transmission. As such, the "Grade" can be misleading to the public. The County Grading System is based on all food facilities beginning with a score of 100, and a subtraction of points based on three (3) point value inspection categories in point amounts of 1, 4, and 6 (a sample inspection form is attached). The last two (2) categories deal with, among other items, posting required notices to the public, suspension of the operators health permit, and condemned food voluntarily disposed of by an operator. These last two sections have no point values attributed to them and do not affect a letter grade. If a patron is truly concerned about the cleanliness of a restaurant, their only way of making an informed decision about the cleanliness of the restaurant, or food safety, is to ask to see the restaurants last health inspection report. The "California Uniform Retail Food Facilities Law" provides for this under Section 113946 (c) Health and Safety Code and states as follows: "113946. (c) A copy of the most recent inspection report shall be maintained at the food facility. The food facility shall post a notice advising patrons that a copy of the most recent inspection report is available for review by interested parties." A modified version of this report is also available on the Los Angeles County Health Department Website at www.lapublichealth.org/rating. Samples of the report available on the Website are attached for two (2) "A" rated food facilities in Azusa (see attached Whole Enchilada and Zoro's Meat Market). Staff has also attached a full list of food facilities, along with their Grades, and violations (see attached Azusa Restaurant Ratings). From an enforcement standpoint, staff has asked the Los Angeles County Health Department to provide information on how many restaurants in the county, and in the City of Azusa in particular that they have prosecuted or fined for restaurant violations found during the course of their inspections since inception of the Grading system. Unfortunately, the County has been unable to point out or document a single case. As indicated on the "Documentation/Comments" portion of the sample inspection report, 2 "Failure to correct the violations by the compliance date may result in additional fees for reinspection." [Emphasis added]. Re-inspection fees charged by the County are currently $91.00 per re-inspection based on the current fee schedule supplied by the County Health Department. Staff could not find any evidence that the Health Department actually follows-up on restaurant violations to compel corrections of violations found during routine inspections other than potential re-inspection fees. To the extent that restaurants and patrons are truly desirous of knowing what inspections have revealed, and allowing patrons to make an informed choice on whether to patronize any particular Azusa restaurant, the council could simply adopt an ordinance requiring that inspection reports be posted on the front door of all food facilities in the City of Azusa. Under the County Ordinance, the posting of actual inspection findings is at the discretion of the local Health Inspector. However, if the restaurant failed to comply there is no evidence of a penalty actually being imposed by the county. The posting of Grades may have a deleterious affect on many restaurants that receive a grade less than an "A", even though an "A" Grade may contain inspection items that could be offensive to many potential patrons, but do not necessarily impact food safety. Should the Council be desirous of adopting the County Grading System it can be accomplished by adopting the latest edition of the Los Angeles County Public Health Code. FISCAL IMPACT The posting of Grades will have little direct impact on City of Azusa facilities, such as the Senior Center. However, additional costs will likely be incurred by Azusa Businesses in the form of re-inspection fees, should they receive less than an "A" Grade, or if actual inspection reports are posted. Attachments: Certified Food Handler Sample Inspection Form Whole Enchilada Inspection Report Zoro's Meat Market Inspection Report Azusa Restaurant Ratings and Violations 3 Health and Safety Code Certified Food Handler 113716. (a) (1) On or before January 1, 2000, each food facility shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination. For purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits. (2) The Legislature finds and declares that the certification required by this section may impose hardship on the owners and operators of smaller food facilities and, therefore, to the extent that a person who is seeking certification pursuant to this section requires training in order to successfully pass an approved and accredited food safety certification examination, this training shall be designed and provided in as flexible a manner as possible. To that end, the Legislature further finds and declares that this training may include, but need not be limited to, classroom training, home study programs, and computer-assisted training. (b) On and after January 1, 2000, a food facility that commences operation, changes ownership, or no longer has a certified owner or employee pursuant to this section shall have 60 days to comply with subdivision (a). (c) There shall be at least one certified owner or employee at each food facility. No certified person at a food facility for purposes of subdivision (a) may serve at any other food facility as the person required to be certified pursuant to this section. The certified owner or employee need not be present at the food facility during all hours of operation. (d) The responsibilities of a certified owner or employee at a food facility shall include the safety of food preparation and service, including ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. (e) The food safety certificate issued pursuant to this section shall be retained on file at the food facility at all times, and shall be made available for inspection by the health enforcement officer. (f) The issuance date for each original certificate issued pursuant to this section shall be the date when the individual successfully completes the examination. A certificate shall expire three years from the date of original issuance. Any replacement or duplicate certificate shall have as its expiration date the same expiration date that was on the original certificate. (g) Certified individuals shall be recertified every three years by passing an approved and accredited food safety certification examination. (h) On or before March 1, 1999, enforcement agencies shall notify all permitted food facilities subject to this section of the new legal obligation imposed by this section and provide to them the names and contact addresses for all approved and accredited food safety certification examinations. (i) The food safety certification examination shall include, but need not be limited to, the following elements of knowledge: (1) Foodborne illness, including terms associated with foodborne illness, microorganisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness. (2) The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and microorganisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures. (3) The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food worker health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices. (4) Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery. (5) Procedures for cleaning and sanitizing equipment and utensils. (6) Problems and potential solutions associated with facility and equipment design, layout, and construction. (7) Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance. (j) (1) Except as otherwise provided in paragraph (2), tests, utilizing forms recognized by the Conference on Food Protection, of the following food safety certification examination providers shall be deemed to be approved and accredited for purposes of this section: (A) The National Restaurant Association Educational Foundation's ServSafe Food Protection Manager Certification Examination. (B) Experior Assessments LLC. (C) The National Registry of Food Safety Professionals. (D) The certifying board of the Dietary Managers'Association. (2) (A) On or before January 1, 2000, the department, in consultation with the California Conference of Directors of Environmental Health (CCDEH), the Conference for Food Protection, representatives of the retail food industry, and other interested parties, shall develop regulations to approve and accredit additional equivalent food safety certification examinations and to disapprove and eliminate accreditation of food safety certification examinations. (B) Commencing January 1, 1999, at least one of the accredited statewide food safety certification examinations shall cost no more than sixty dollars ($60), including the certificate. However, commencing January 1, 2000, the department may adjust the cost of food safety certification examinations to reflect actual expenses incurred in producing and administering the food safety certification examinations required under this section. If a food safety certification examination is not available at the price established by the department, the certification and recertification requirements relative to food safety certification examinations imposed by this section shall not apply. (k) (1) For purposes of this section, a food facility includes only the following: (A) A food establishment, as defined in Section 113780, at which unpackaged foods are prepared, handled, or served. (B) A mobile food preparation unit, as defined in Section 113815. (C) A stationary mobile food preparation unit, as defined in Section 113890. (D) A commissary, as defined in Section 113750. (2) (A) Notwithstanding paragraph (1), this section shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for winetastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and packaged for, that licensee. (B) Notwithstanding paragraph (1), this section shall not apply to those food facilities that handle only unpackaged, nonpotentially hazardous foods. Those facilities may choose to meet the requirements through full certification, or may adequately demonstrate to the enforcement officer the knowledge of the employees of the food facility of food safety principles as they relate to the specific food operation. (3) Notwithstanding paragraph (1), this section shall not apply to a food facility operated by a school district, county office of education, or community college district if the district or office elects to be regulated by the food safety program of the city, county, or city and county in which the school district, county office of education, or community college district is located. (I) For purposes of this section, the following definitions apply: (1) "Food safety program" means any city, county, or city and county program that requires, at a minimum, either of the following: (A) The training of one or more individuals, whether denominated as "owners," "managers," "handlers," or otherwise, relating in any manner to food safety issues. (B) Individuals to pass a food safety certification examination. (2) "Food handler program" means any city, county, or city and county program that requires that all or a substantial portion of the employees of a food facility who are involved in the preparation, storage, service, or handling of food products to engage in food safety training or pass a food safety certification examination, or both. (m) (1) Any provisions of a food safety program in effect prior to January 1, 1999, that require training or a certification examination, or both, shall be deemed to satisfy the requirements of this chapter until January 1, 2001, at which time these provisions shall fully conform with the requirements of this chapter. However, all provisions of a food safety program in effect prior to January 1, 1999, that do not pertain to training or a certification program shall conform with the requirements of this chapter by January 1, 2000. (2) On and after January 1, 1999, a food safety program that was not in effect prior to that date may not be enacted, adopted, implemented, or enforced, unless the program fully conforms with the requirements of this chapter. (n) No city, county, or city and county may enact, adopt, implement, or enforce any requirement that any food facility or any person certified pursuant to this section do any of the following: (1) Obtain any food safety certificate or other document in addition to the certificate required by this section. (2) Post, place, maintain, or keep the certificate required by this section other than as specified in subdivision (e). (3) Pay any fee or other sum as a condition for having a certificate verified, validated, or otherwise processed by the city, county, or city and county. (o) Certification conferred pursuant to this chapter shall be recognized throughout the state. Nothing in this chapter shall be construed to prohibit any local enforcement agency from implementing or enforcing a food handler program, as defined in paragraph (2) of subdivision (I) that took effect prior to January 1, 1998, but only in the form in which the program existed prior to January 1, 1998. (p) Notwithstanding Section 113935, a violation of this section shall not constitute a misdemeanor, but shall constitute grounds for permit suspension or revocation, in accordance with Article 5 (commencing with Section 113950). COUNTY OF LOS ANGELES• DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL HEALTH SCORE GR/V3E See reverse side ter the gamine tequiresseetts thrd correspond to mach rittaflee Ested belay. Sect astached pages kr decumemesion es le the meet moue MON vieladontsl absented et the time at inspection. • No violations observed at the time of inspection. • Complitint aegaarts not observed at time of inspeclio i. SECTION i .o.n� (Fount Value-6 poets for vitiations in each category in Sectian 1 maairrium parts deductible 36) • a m FOOD TEMPERATURES , VERMIN 1. loldirq at 11-IF-ilttm ediate"risk imUlfrole items ar`serrimos 9, Rodents•immediate not °' 2. 3oaled Shelled Eggs-unappirove�d temperatum 10. ockroathes-immediate risk cs'a, 11, a :poking lies-iirrrnediate risk ix' '� 4. Reheating WATER l SANITIZING 3 5- °^fig 12. "Sanili •multi-use consumer Wrists Iii FOOD 13. Vo Hot Water-immediate tisk!food preparation estatesirnent a 6, }>idul6erated Food-irorne to risk 14. Vo Water s act i` EMPLOYEE PRACTICES SEWAGE 113 mi '4 7, !Disease Transmission-carrier I lesion!rash 15. wage Deposal System-immediate risk m u a i 0 8. washeremployeedid nal wash hands/no sagtplies 16. aiets-no operable hotels - � 9- SECTION F ION II r--,..... Taira Value-4 pound nor violations in each category re Section II maximum points deductive 2Bt FOOD TEMPERATURES OPERATIONS 17, -folding of PHF-moderate risk I multiple items or servings 211. /Soap/Drying Device-dispensers empty 18. -aiding of PHF-single serving 29_ Hazai€yus Materials!Chemicals-storage!use 113. Shell Eggs 39, Employee Practices-tobacco I eating I other A mFOOD PREPARATIONUTENSILS I EQUIPMENT I SHELVING I CABINETS 5 207 Diigent Preparation 31. ntpe eify Cleaned/Nat Maintained Cdr n re 21. Thaw*-improper method 32 ' iii-kitchen oasts!food-contact strtaces Risk for Contamination-food prepared at unapproved area! PLUMBING.!FIXTURES food prepared or handled mitt bare hands!other 133. -:. kflow/Back&homage a 1 FOOD ritieal Sink)Fixture(hariiwaslung 1 utensil washing!food 34. © ;23. Food Storage-improperly covered I labeled!elevated •missing!inoperable!inaccessible hand sink Ready-To-Eat Food aexposed to possible aontatna►atoer from CONSUMER PROTECTION!TRUTH-IN-MENU _at 1a raw meats I poultry I fish!eggs 35. -abets-consumer foods 25. Food Nut Protected ham Consumer 36, Nisrepreserltation-advertised food 26. ,Jnapprroved Source 37.k \Dlster Warning Signs 27. Reused!Re-seved 3S, Disclosure Nattcation tit SECTION III IN;.�",; X (Point Value=each sub-category violation valued at 1 pained In Section Dl-maximum.paints deductthle 36) FOOD VERMIN - ' 39. Pure Food!Spolage 59. `Rodents-no active popirteban 1 rodent praollig 40. :tustorner Self-Service Utensils 60. fbockroaches-low risk!harborage ares 4t Reirozen Foods 61. Other Insects-low risk g 42. improper Inspection at Defretry 1 Transportation Open dation I Air Curtain I'filmdom OPERATIONS PLUMBING I FIXTURES!EQUIPMENT DRAINAGE ti g 43. Dispensers-disrepair,ren--fractional 1 Supplies-unapproved Sink and Fixtures!Floor Sink!Floor Drain Z to w G n 44." Hai Restraints/Outer Garments!Nails I Ring 63. -ie cicg I not clean!disrepair!unapproved ¢ 45. hi h Tangs!Records N� brain Line!Supply Line o r t roc 46. 4arardous Materials I Chemicals-low risk -unapproved discftarge I installation I materials I leaking! 47, merlon Premises-homier storage/linen!castoff l tools 65. Vo Hat Water-no irmemdiale risk 48. Spats Area VENTit-ATION I LIGHTING 49. ,.wing/Sleepirksi Quarters sem: iood-riot clean.!disrep*d missies.Mars iii 50, Animal I Bird I Fowl 67. dentia n-egotism*not under hood I impiaper hood type t UTENSILS I EQUIPMENT/SHELVING I CABINETS as. Vacillation•general E 51. Conditions disrepair 60. .ighling!L ht Shields 52. rage '. io :s 4 . _TOILETS!TOUT ROOMS I DRESSING ROOMS ' " X . 53. Jnapproved Type!Improper Use/Irnpraper Installation 'mists I Toilet Room-disrepair/inadequate k 54. Arming Rag-not clean I inadequate sager!turbid 1 storage 70, door not self-dosing I not clean f dispense s!toilet tissue 55. Sari ser-improper concentration!temperature I method I test 71. 3ressing Room!Personal Items . 56._ \Thermometer-refrigeration l probe REFUSE I PREMISES I JANITORIAL WALLS I CEILINGS I FLOORS 72. anitarial-suppies I equipment 57.1 Ie�orati an 1 Unapproved IAalerials€Facility Nat Fully 73.! kefuse I Containers FOOD OFFICIAL INSPECTION REPORT COUNTY OF LOS ANGELES• DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL h EALTH SECTION IV (Point Value-violations are not included in the calculation of the final score and do not affect the overall grade) SIGNS!PERMITS OTHER 75,,,, •Pubac Haab Perron._ 82.1 1 79. Grade I Score CONDEMNATION I VOLUNTARY DISPOSAL 77... _Inspection Report _ Poultry lbs. Produce lbs. 78; Public Notification Other Meat 1 Fish lbs. Grains I Nuts lbs. 79 Codified Food Sat*Manager Eats Product lbs.t.awned/Mist lbs. 80 Signs-hendwash 1 smoking I choking Dairy lbs,\iqud Dairy oz. 81. County Business License(unincorporated areas only) 63.) (Tow lbs.T O al aa_ SECTION V (Point Value-sub-categories are not included in the calculation of the final score and do not affect the overall grade) TRAINING PROVIDED CLOSURE!ADMINISTRATIVE ACTION M Sanit nation-muitkuse consumer utensils 93. Suspension of Public Health Petra ES .Sanitization-food confac€-surface 94. Admi Administrative Review I Office Hearing 86. Handwashing-employee 95. -3eferrel-Plan Check 87. Delivery-piper inspection of food SE.' Werra-Other Agency or Department e. Cooking Temperatures w Bt! ETINS I ADVISORIES DISTRIBUTED TO OPERATOR 89. Cooling Methods 97. food Fa`iity Information Padget(packet date) 90. Holding Temperatures 98. ,Summary of Advisory Bulletins 91. Thewing 1 Thawing Methods 99. Other 921 Other(specify)_ FOOD PREPARATION-STATUS 10(4 flo Food Preparation Observed at Was of Inspection SCORE I GRADE iki CO SCORE(deductions) Section II_ GRADE Final Score: ( 100-Total Points Deducted ) 5 SecSection III:tion II: GA(90-100) 6 B(80-89) GC(70-79) CS Score(<70) Q Total EI?* SCORE/GRADE TO SE ENTEFFEDON PAGE ONE Of TheS REPORT. Ci csi ? POSTING OF THE FINAL SCORE!GRADE IS REQUIRED IN THOSE CITIES THAT HAVE ADOPTED COUNTY ORDINANCE 974071 DOCUMENTATION!COMMENTS mut UP041 1. Failure to correct the violations by the compliance date may result in additional fees for reinspection. unapt 2, Your signature on this form does not constitute agreement with its contents.You may discuss the contents of this report Or your grade with the department by contacting the supervisor at the Environmental Health office indicated on page one of this report. Until such time as a decision is rendered by this department,the contents of this report and the grade shad remain in effect. 3. If you are not satisfied with your score or grade on this report you may be eligible for an Owner Initiated Inspection,which may result in a change in your grade. Contact your inspector to determine your eligibility: TEMPERATURE CONTROL- documentation required for all facilities with PHF. Inspector Thermometer 0; i,,,, lis Process i Molding rim Temp T Process I Holding Type of Food mount +� + «,� Type of food(Amount} t"h two. toGamior� i"�1 r•i Location r M U NAO,!7.1A3gg t i . i° b " ° ° ''''''8 ',.-g "1 8 114 i'ii:--°'" ,,! '''''-gri,,,.agigi..g.,..ig :, 1:fi a : :ltll ' gl .:,,,L1 ,5i,, it,,1,,, .:-S -oc/vr),, ,gliz.:1. 411.40°4 ligO Ogg- aAgff- q a =,- - a.K.Alt...? :..7..,: 1-, 1311,A .. q mg g g 4§,i( fliP 1191alliliiiIIIIIiigi3g1 fig Illigm f,tiol 1fTlilmill it- 1 i 1 ga i '741, 11 .1 I 1_, ., .s . , 6 gw,a, zo, 'LI' Ti k.,-,11 gB' I _,. t„, Frgkliiii 1 0, 1= a ii. .1 9 . , ... .1 i," T, E 1 . R Rat a ... .K. aDarzi26 ,a 1.19 1, g_d_1§01 1 us-4-1:0, 551' 4.! 111% lg. d i * 1111g;n 1 3iik] • §i 4 S I 1 2 Z ;! /1 ..1-,7.11. 1!;1#1111volai;,..t1 1 glgigli 1 Illt 1i-it?' Vili 1 § ;;t1;- ga i !I 1 1.,,I1R §s 1 It li i ilii.1 -'..4.1 la -1141114 g FIlia tg 17111 R L41 UI 1 /61 i . ift g' -g ;14 '4 . 1i 1 1 .„3 Itima; -15q.wil 14/ 4 ' x 11014 141; ; i; fiZil g 1-Sigl i 311 tilif .37.1 1 1 . , , „::-.. il pt Al t;10 4i 1 111 it 14'11!11 lig 1:1i iliKti li 4011: illil t 11 Ilig 4 i;141, gq 11 g Irsil c 11 ! ! 4 i!ig - 4...11 pli ,a_ I 1 1811111 itti 1 1 1/11 ! fi ff ,.1, , ltt 1111 5 7E7 41 11. i. 11 41 it'/1 $1. 4I tRil, i :4411111 il "gle 141a 1 if /41- i . a 43 1 it g. ii3 q-,..„,4,- z. 13. 1 .4--7 i: 1 IRgll a II/4 m T 1 . -, ; 1 lat 1 -, I 1.1, 1 ilk' ii4Ag -.1 K. ' , gt; 1 i fitti 5,11 lig .. 1 , , E .... .0 m ... . 101Mi .mt. . al 9_ 1,, a UI 1 a , :Ill ''it i 1 1111 i 1.1 4# q :1! qliti 15 a ig a: i tl i ri, ,,, 7, i:I i 0. II 1.1 72e, 115.. 1 144713g 1 g'..Ng_. aiIhr -' 711 1 glggl 111 %IU 11 '4 131 - 11 / ii gq Lft 1 I 1 gl 1;Al 41[011 illii Igll'i si 1 q . :11 4 4 i % i ;-1 1 1 i 1 ;11 11 1 aii, liv,:11 i , i qIial % la il 11 Riill [1.' 41 alqiim a 1, g gi k,:l .A4.. 11 laiiii 1 ". 11 ; wlii i! lq 5 lAaA 1 ii gl a si5g til,„ .i2 .u.1 4 ; 8 i i ,.„, / g ,i st .1 1, a - . rt i li it" lai 11 ..1 i _ 1 i g H 11.1 El 4q hi i - I ' g ir th , I 1 1 , 1 2- n mo . 46tt; ,, ,,. ag, irg • si .4. g g V g132.7 8 a a 5 Ii ;iiis liaN i- I lit!! g'° Is i!8 $1114g;2n WWI 461161aftVill'otIZ liS ! - 1g141 l'I*V4gilig Q 41!14 g[- 18[1Ig e ti- gli 11411141111 Rrg RT!'t 4116..agil6L' R4 7i 1.11111 illtalliil 11 lialt 1 111. 1 ig Eill .r lin" d '''. lil f143 Itliiiii tJ ,t=i, - .-. .4 ). 0 t.,, =8, gIi E 1 f .... .8 [ - 4. , • a ii,,,„. k:I 4,., g. IA -Fg w. I gri • .1:it,g'Iii liWitiv55 ',-. ill :c1 Tisli I [ILliti: !AI .111,1 I-i la IU (41 ' 1, 41 ii 1 ,,,, ,a wi .1 1, i p rk tiwg, g 'IF1 Oblif f 311-1 1 : RUE I Iwilli 1 ,f I. . . 14a iQg'r II 41144 11! Ille t ARs.154 i lial&I glailall 1 I _ gt IgKII /1$ 1 g a,. iffiRt41 ' s 51g. ;:tlitl gr iilli IIIIS gliAg 111a 1:4R1 0 i'lit al ', 1. 1§ 7=31i '4114, 1 A' g; il IliA4 1 gil •.giat, F, 154 # 4 lig ,N k'll' ji211- ka gJi4gli qi' gg a. 1111/ a 11.1 al !111 ail wi .. I 111 11 ,111 11g kilg ' Fi 13 tg I RI 1 -g[ !,1; a 111. . 1 11.. , 4 1011 UN] F 4 al-Al: ig 91- 1A 11 4114 1 11 1 illi 141 n 1 g i a , W 11411 al pal PI 1. ' ,, 1 :3111 wittollii , § I l!t1 nil! gg2 gf% 1. 4 Igi li 41%1 ' il4 : i VII ri'''-'1, 61 1 i ,,„ 1 1:411 §.4 A RR ia, 11 i 1q0", 11 Il, ! 11g u :11, 1 211§f1. 1 1 i aglaa 11 a. ! !! ili2 : li liwi ! Igi 14;:41 g 11 .,- 0 , II -2-til 5 q.. 1411 R 1. 1. W ligT 11 lag 1 1 11 gl gi I 1 1 , 1 : 11. g ';:: 4 u u . HO I . m x 1 k . tlill R 1 1 i ' IR mil pg 8' ' 71 Environmental Rating Search.Results Page 1 of 2 DEPARTMENT OF HEALTH SERVICES Home Programs j Hospitals I Clinics I Public Health I SE LAPUBLICHE LTH OR Environmental Health INF • About Contacts FAQ Reports Unka Comments Discussion THE WHOLE ENCHILADA 855 E ALOSTA AVE AZIJSA,CA 91702 Click here to see map Current Score: 94 A Violations: 031 Improperly Clearied/Not Maintained Clean 056 Thermometer 058 Not Maintained Clean Inspection Date: 11/0412003 Inspection History Inspection Date: Score Letter Grade 081041200 91 A 0710112003, 93 A 06/23/2003 83 B Back To Search Result{sl Try Another Search Los Angeles County Department of Health Services-Public Health Environmental Health 5050 Commerce,Drive Baldwin Park,CA 31706 Tel:(S26)4304200 eco@dhs,co,ta.ca,us SELECT A PROGRAM FIERE-----. : ®I http:/)www l.apublichealth.org/ ting/ratedetail.cfrn?start=1 2/3/2004 Environmental Rating Search Results Page 1 of 2 DEPARTMENT OF HEALTH SERVICES Home] Programs Hospitals€Clinics !Public Health J SE LAPUBLICHEALTH.ORG r, Environmental Health About Contacts FAQ Repasts Links Comments Discussion ZORO'S MEAT MARKET 794 E ALOSTA AVE AZUSA,CA 91702 Click here to see map Current Score: 92 A Violations: 031 Improperly Cleaned/Not Maintained Clean 043 Dispensers/Suppliers 047 Interior Premises 053 Unapproved Type/Improper Use/Improper Installation 054 Wiping Rag fl56 Thermometer 057 Deterioration/Unapproved Materials/Facility Not Fully Enclosed 058 Not Maintained Clean 060 Cockroaches 061 Other Insects 063 Sink and Fixtures/Floor Sink/Floor Drain 069 Lighting/Light Shields 070 Toilets/Toilet Room Inspection Date: 09/2312003 Inspection History Inspection Date: Score Letter Grade 06/2312003 83 8 12/26/2002 88 R 10/3112002 75 C http://www.lapublichealth.orgtrating/ratedetail.cfm?starr----1 2/3/2004 Azusa Restaurant Ratings Inspection Establishment Address Date Score Grade Violation(s) 123 NUTRITION CENTER 637 E ARROW HWY 5/15/2003 95A Soap/Drying Device No Hot Water 7 ELEVEN#13994 705 E 5TH ST 5/28/2003 91 A Improperly Cleaned/Not Maintained Clean Sanitizer Thermometer Not Maintained Clean Cockroaches Sink and Fixtures/Floor Sink/Floor Drain #N/A 7 ELEVEN#17314 504 S CITRUS AVE 5/22/2003 87 B Food Storage Improperly Cleaned/Not Maintained Clean Storage Sanitizer Thermometer Not Maintained Clean Toilets/Toilet Room #N/A 7 ELEVEN#17448C 455 E FOOTHILL BLVD 6/3/2003 90 A Food Storage Improperly Cleaned/Not Maintained Clean Condition Not Maintained Clean 99 CENT&SMART SHOPPING 150 W FOOTHILL BLVD 6/4/2003 87 B Food Storage Improperly Cleaned/Not Maintained Clean Interior Premises Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Drain Line/Supply Line 99 CENTS ONLY STORES 307 N CITRUS AVE 9/29/2003 93 A Food Storage Interior Premises Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean A&P MARKET 200 W FOOTHILL BLVD 12/3/2003 97A Dispensers/Suppliers Condition Deterioration/Unapproved Materials/Facility Not Fully E A.M.PRODUCE 831 LARK ELLEN AVE 3/25/2003 84 B Food Storage Improperly Cleaned/Not Maintained Clean Critical Sink/Fixture Dispensers/Suppliers 1 Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Rodents ACAPULCO RESTAURANT 998 E ALOSTA AVE 9/25/2003 92 A Improperly Cleaned/Not Maintained Clean Condition Deterioration/Unapproved Materials/Facility Not Fully E Drain Line/Supply Line Lighting/Light Shields ALDOLINO'S ITALIAN RESTAURANT 659 E ARROW HWY 7/9/2003 91 A Disease Transmission Storage Unapproved Type/Improper Use/Improper Installation Drain Line/Supply Line ALMAZON BAKERY 582 E FOOTHILL BLVD 7/1/2003 88 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Cockroaches Open Door/Air Curtain/Window ALOHA PIZZA 180 W SIERRA MADRE AVE 10/8/2003 100A #N/A ALONDRA'S BAKERY 120 W 9TH ST 9/8/2003 95A Food Storage Not Maintained Clean ALONDRA'S BAKERY 530 S CITRUS AVE#7 8/6/2003 92 A Soap/Drying Device Condition Sanitizer Thermometer No Hot Water AMERICAN LEGION POST#180 819 N LOREN AVE 6/26/2003 92A Improperly Cleaned/Not Maintained Clean Interior Premises Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Exterior Premises ANTOJITOS EL FIRUS 592 E FOOTHILL BLVD 10/20/2003 97A Deterioration/Unapproved Materials/Facility Not Fully E Drain Line/Supply Line Lighting/Light Shields ARBY'S#176 700 E ALOSTA AVE 9/29/2003 100 A #N/A ARCO AM/PM 100 N AZUSA AVE 6/25/2003 90 A Soap/Drying Device Improperly Cleaned/Not Maintained Clean Storage 2 Not Maintained Clean ARROW CAR WASH 915 E ARROW HWY 5/22/2003 93 A Improperly Cleaned/Not Maintained Clean Condition Sanitizer Not Maintained Clean A-Z LIQUOR 944 N AZUSA AVE 4/22/2003 94A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Not Maintained Clean A-Z SERVICE STATION 16940 E GLADSTONE 8/19/2003 98A Sanitizer No Hot Water AZUSA 76 295 S AZUSA AVE 10/30/2003 96 A Improperly Cleaned/Not Maintained Clean AZUSA AUTO REPAIR 901 E GLADSTONE ST 8/20/2003 99A Deterioration/Unapproved Materials/Facility Not Fully E AZUSA GREENS COUNTRY CLUB 919 W SIERRA MADRE AVE 10/8/2003 94A Improperly Cleaned/Not Maintained Clean Thermometer Not Maintained Clean #N/A AZUSA LIQUOR MART 861 S LARK ELLEN AVE 3/25/2003 91 A Improperly Cleaned/Not Maintained Clean Condition Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain No Hot Water #N/A AZUSA MARKET 246 N AZUSA AVE 12/30/2003 94 A Soap/Drying Device Not Maintained Clean Drain Line/Supply Line #N/A AZUSA MARKET&LIQUOR 469 E ARROW HWY 5/9/2003 94 A Soap/Drying Device Unapproved Type/Improper Use/Improper Installation Lighting/Light Shields #N/A AZUSA PACIFIC SNACK BAR 921 E ALOSTA AVE 9/25/2003 100A #N/A AZUSA PACIFIC UNIV.CAFETERIA 901 E ALOSTA AVE 9/25/2003 99A Condition AZUSA SENIOR CENTER 740 N DALTON AVE 7/1/2003 96A Improperly Cleaned/Not Maintained Clean BAJA JOE 310 N CITRUS AVE B 11/19/2003 83 B Cooling Thawing Condition Storage Thermometer 3 Deterioration/Unapproved Materials/Facility Not Fully E Sink and Fixtures/Floor Sink/Floor Drain No Hot Water Ventilation BALZAC CAFE 722 N AZUSA AVE 7/7/2003 96A Interior Premises Condition Storage Thermometer BASKIN ROBBINS#6180 922 E ALOSTA AVE 3/27/2003 100 A #N/A BENNY'S JR MARKET 208 N AZUSA AVE 6/25/2003 85 B Holding of Potentially Hazardous Food(PHF) Soap/Drying Device Critical Sink/Fixture Interior Premises Not Maintained Clean Toilets/Toilet Room BEST TERIYAKI 1399 N SAN GABRIEL CANYON 10/2/2003 82 B #N/A Food Storage Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Deterioration/Unapproved Materials/Facility Not Fully E Sink and Fixtures/Floor Sink/Floor Drain Refuse/Containers BIG LOTS#4327 360 N CITRUS AVE 5/21/2003 98A Interior Premises Not Maintained Clean #N/A BLOCKBUSTER VIDEO#6077 910 E ALOSTA AVE 5/22/2003 100 A #N/A #N/A BURGER KING#5414 890 E ALOSTA AVE 9/29/2003 90A Holding of Potentially Hazardous Food(PHF) Condition Thermometer Drain Line/Supply Line No Hot Water BURRITO VILLAGE 962 E ALOSTA AVE 10/28/2003 97 A Unapproved Type/Improper Use/Improper Installation Thermometer Deterioration/Unapproved Materials/Facility Not Fully E CALIFORNIA BURGERS 353 E FOOTHILL BLVD 12/9/2003 87 B Disease Transmission Improperly Cleaned/Not Maintained Clean Condition Thermometer Deterioration/Unapproved Materials/Facility Not Fully E 4 CALIFORNIA JUICE CAFE 1137 E ALOSTA AVE 8/20/2003 98A Sanitizer Thermometer CALLAHANS 200 S IRWINDALE AVE 12/3/2003 83 B Holding of Potentially Hazardous Food(PHF) Improperly Cleaned/Not Maintained Clean Condition Storage Wiping Rag Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Other Insects CANYON CITY BARBEQUE 347 N SAN GABRIEL AVE 11/7/2003 91 A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Condition Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Janitorial CANYON CITY LIQUOR 424 W FOOTHILL BLVD 9/8/2003 92A Dispensers/Suppliers Interior Premises Unapproved Type/Improper Use/Improper Installation Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain No Hot Water Lighting/Light Shields Refuse/Containers CARL'S JR 1190 W FOOTHILL BLVD 12/23/2003 99A Open Door/Air Curtainndow CARMENS MEXICAN FOOD 416 N AZUSA AVE 9/4/2003 92 A Ready to Eat Food Dispensers/Suppliers Condition Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain CAROUSEL JR MART LIQUOR 801 W GLADSTONE ST 5/21/2003 95A Dispensers/Suppliers Condition Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean CENTRAL MEAT MARKET 345 N AZUSA AVE 9/29/2003 92 A Improperly Cleaned/Not Maintained Clean Condition Wiping Rag Thermometer Refuse/Containers 5 CERTIFIED MARKET 777 W 1ST ST 10/6/2003 86 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean Condition Unapproved Type/Improper Use/Improper Installation Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Drain Line/Supply Line CHINA BUFFET 485 E GLADESTONE 8/29/2003 81 B Holding of Potentially Hazardous Food(PHF) Shelled Eggs Diligent Preparation Thawing Food Storage Hood CHINESE TASTE 932 E ALOSTA AVE 11/26/2003 88 B Disease Transmission Improperly Cleaned/Not Maintained Clean Deterioration/Unapproved Materials/Facility Not Fully E Dressing Room/Personal Items CHOW MEIN HOUSE 530 S CITRUS AVE 13 7/3/2003 100A #N/A CHRISTY'S DONUTS 798 E ALOSTA AVE 9/2/2003 89 B Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Condition Wiping Rag Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Open Door/Air CurtainNVindow Lighting/Light Shields CIRCLE MOBIL MART 145 N AZUSA AVE 5/9/2003 93 A Labels Interior Premises Not Maintained Clean No Hot Water CITRUS LIQUOR 484 S CITRUS AVE 5/22/2003 95A Improperly Cleaned/Not Maintained Clean Not Maintained Clean CITRUS THAI CUISINE 877 S CITRUS AVE 12/4/2003 81 B Food Storage Improperly Cleaned/Not Maintained Clean Condition Unapproved Type/Improper Use/Improper Installation Wiping Rag Sanitizer Thermometer 6 Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Open Door/Air Curtain/Window Hood Dressing Room/Personal Items Refuse/Containers CLUB HOUSE 1143 E ALOSTA AVE 5/22/2003 89 B Improperly Cleaned/Not Maintained Clean Backflow/Back Siphonage Deterioration/Unapproved Materials/Facility Not Fully E Rodents Drain Line/Supply Line CORKY'S PLACE 1050 W FOOTHILL BLVD 11/13/2003 72 C Holding of Potentially Hazardous Food(PHF) Disease Transmission Food Storage Ready to Eat Food Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Condition Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Open Door/Air Curtain/Window Sink and Fixtures/Floor Sink/Floor Drain Drain Line/Supply Line Hood COSTANZA COFFEE 954 E ALOSTA AVE 3/25/2003 91 A Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Sanitizer Sink and Fixtures/Floor Sink/Floor Drain Drain Line/Supply Line Toilets/Toilet Room COSTCO PIZZA KITCHEN 1220 W FOOTHILL BLVD 9/4/2003 94A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Deterioration/Unapproved Materials/Facility Not Fully E COSTCO WAREHOUSE(MEAT DEPT) 1220 W FOOTHILL BLVD 8/13/2003 100 A #N/A COSTCO WHOLESALE 1220 W FOOTHILL BLVD 8/13/2003 100 A #N/A COSTCO WHOLESALE 1220 W FOOTHILL BLVD 6/26/2003 91 A Holding of Potentially Hazardous Food(PHF) Critical Sink/Fixture No Hot Water COUNTRY CHICKEN 994 E ALOSTA AVE 12/9/2003 88 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean 7 Hair Restraints Condition Thermometer Not Maintained Clean CRAZY CRICKET PIZZA 858 N AZUSA AVE#E 3/26/2003 95 A Risk For Contamination Storage D.B.SUPER DISCOUNT STORE 843 LARK ELLEN AVE 4/22/2003 100A #N/A DAGWOOD'S DELI&GRILL 251 S IRWINDALE AVE 12/4/2003 96A Dispensers/Suppliers Thermometer Not Maintained Clean Lighting/Light Shields DAILY DONUTS 311 S AZUSA AVE 7/7/2003 88 B Food Storage Improperly Cleaned/Not Maintained Clean Condition Unapproved Type/Improper Use/Improper Installation Wiping Rag Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain DAILY DONUTS 200 W FOOTHILL BLVD 8 9/8/2003 87 B Food Storage Improperly Cleaned/Not Maintained Clean Not Maintained Clean Drain Line/Supply Line No Hot Water Lighting/Light Shields DALIA'S PIZZA 584 E FOOTHILL BLVD 10/22/2003 87 B Risk For Contamination Improperly Cleaned/Not Maintained Clean Interior Premises Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Toilets/Toilet Room DAVID'S TEXACO 1195 W FOOTHILL BLVD 10/22/2003 89 B Improperly Cleaned/Not Maintained Clean Labels Condition Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain DEL TACO#281 106 S AZUSA AVE 10/2/2003 98A Storage Deterioration/Unapproved Materials/Facility Not Fully E DEWITT#11 CHEVRON 803 W ARROW HWY 5/29/2003 91 A Food Storage 8 Improperly Cleaned/Not Maintained Clean Sanitizer DOMINO'S PIZZA 200 W FOOTHILL BLVD 3 9/11/2003 98A Thermometer Deterioration/Unapproved Materials/Facility Not Fully E DONS LIQUOR&DELI 5215 N CLYDEBANK AVE 5/29/2003 93A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean EDDIES LIQUOR&JR MARKET 596 E FOOTHILL BLVD 6/2/2003 85 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean Critical Sink/Fixture Not Maintained Clean Lighting/Light Shields Toilets/Toilet Room EL ENCANTO 100 N OLD SAN GABRIEL CYN 10/20/2003 91 A Improperly Cleaned/Not Maintained Clean Condition Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Hood Lighting/Light Shields EL PICOSO RESTAURANT 307 S AZUSA AVE 12/1/2003 93A Cooling Unapproved Type/Improper Use/Improper Installation EL TACO NAZO 163 N AZUSA AVE 7/7/2003 92A Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Rodents Open Door/Air Curtain/Window Hood FOOTHILL DAIRY 600 E 5TH ST 5/8/2003 99A Improperly Cleaned/Not Maintained Clean Not Maintained Clean Refuse/Containers FRONTIER DONUTS 495 S CITRUS AVE 11/19/2003 84 B Food Storage Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Drain Line/Supply Line Refuse/Containers 9 FRONTIER LIQUORS 655 E ARROW HWY 5/15/2003 95A Improperly Cleaned/Not Maintained Clean Cockroaches GALADAY FAMILY RESTAURANT 437 S AZUSA AVE 10/27/2003 86 B Risk For Contamination Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Drain Line/Supply Line GARDUNO'S TACO KING 491 S CITRUS AVE 11/6/2003 89 B Food Storage Condition Storage Wiping Rag Sanitizer Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean GEORGE'S BURGERS 585 E ARROW HWY 12/1/2003 98A Thermometer Hood GLADSTONE DONUT HOUSE 169 E GLADSTONE ST 3/12/2003 72 C Cockroaches Food Storage Soap/Drying Device Improperly Cleaned/Not Maintained Clean Hazardous Material/Chemicals Interior Premises Condition Unapproved Type/Improper Use/Improper Installation Wiping Rag Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean No Hot Water Lighting/Light Shields #N/A GUADALUPE'S RESTAURANT 817 W GLADSTONE ST 10/8/2003 85 B Food Storage Improperly Cleaned/Not Maintained Clean Interior Premises Condition Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Drain Line/Supply Line Hood 10 Lighting/Light Shields HERITAGE COURT 701 E FOOTHILL BLVD 10/16/2003 98A Sanitizer Thermometer IN-N-OUT BURGER 324 S AZUSA AVE 7/7/2003 99A Thermometer J.J.'S BURGERS 246 N AZUSA AVE 10/30/2003 87 B Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Condition Unapproved Type/Improper Use/Improper Installation Thermometer Not Maintained Clean Open Door/Air Curtain/Window Hood Lighting/Light Shields Refuse/Containers JACK IN THE BOX#3217 877 E ALOSTA AVE 8/6/2003 93A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain JACK IN THE BOX#3579 126 N AZUSA AVE 7/1/2003 100A #N/A JERRY'S MARKET 211 E NEWBURGH ST 6/5/2003 94A Improperly Cleaned/Not Maintained Clean Drain Line/Supply Line Toilets/Toilet Room JUAN POLLO 1129 E ALOSTA AVE 12/23/2003 92A Improperly Cleaned/Not Maintained Clean Condition Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields KENTUCKY FRIED CHICKEN#610106 806 E ALOSTA AVE 12/30/2003 98A Wiping Rag Open Door/Air CurtainNVindow KING RANCH MARKET 150 W 9TH ST 6/5/2003 86 B Risk For Contamination Improperly Cleaned/Not Maintained Clean Interior Premises Thermometer Not Maintained Clean Drain Line/Supply Line Lighting/Light Shields Refuse/Containers KING RANCH MARKET(MEAT DEPT) 150 W 9TH ST 12/30/2003 98A Not Maintained Clean 11 Lighting/Light Shields KING RANCH MARKET(RESTAURANT)150 W 9TH ST 10/9/2003 92 A Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Wiping Rag Thermometer Lighting/Light Shields KOLORINA#5 665 E ARROW HWY 10/1/2003 96A Storage Thermometer Drain Line/Supply Line Lighting/Light Shields KOOL MAN ICE CREAM 839 LARK ELLEN 8/19/2003 99A Lighting/Light Shields LA BODEGA MARKET 281 E NEWBURGH ST 11/24/2003 100 A #N/A LA BODEGA RESTAURANT 291 E NEWBURGH ST 11/24/2003 99A Condition LA FAMILIA 1197 W ARROW HWY 12/29/2003 96A Dispensers/Suppliers Interior Premises Condition Storage LA FLOR DE MEXICO 495 E GLADSTONE AVE 6/16/2003 91 A Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields LA FLOR DE MEXICO(BAKERY) 495 E GLADSTONE AVE 7/8/2003 95 A Improperly Cleaned/Not Maintained Clean Not Maintained Clean LA FLOR DE MEXICO(REST.) 495 E GLADSTONE AVE 6/16/2003 94A Improperly Cleaned/Not Maintained Clean Interior Premises Thermometer LA FONDA 1044 W GLADSTONE ST 12/30/2003 99A Deterioration/Unapproved Materials/Facility Not Fully E LA MEXICANA 790 E ALOSTA AVE 11/18/2003 88 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean Storage Unapproved Type/Improper Use/Improper Installation Sanitizer Thermometer LA PIZZA LOCA 493 S CITRUS AVE 11/19/2003 96 A Improperly Cleaned/Not Maintained Clean 12 LA PRADERA CARNICERIA 651 E ARROW HWY 9/3/2003 91 A Cooling Sanitizer Thermometer Deterioration/Unapproved Materials/Facility Not Fully E LA PRADERA CARNICERIA 651 E ARROW HWY 5/15/2003 90 A Food Not Protected Soap/Drying Device Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean LA TOLTECA RESTAURANT 321 N AZUSA AVE 7/2/2003 90 A Food Storage Ready to Eat Food Condition Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Drain Line/Supply Line Ventilation Lighting/Light Shields LALO'S FAMILY COFFEE SHOPPE 530 S CITRUS AVE 8 11/20/2003 94A Improperly Cleaned/Not Maintained Clean Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain LAST CHANCE SALOON 832 N AZUSA AVE 6/2/2003 89 B Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Cockroaches Sink and Fixtures/Floor Sink/Floor Drain LEO'S BAKERY 5221 CLYDEBANK AVE 7/17/2003 84 B Holding of Potentially Hazardous Food(PHF) Improperly Cleaned/Not Maintained Clean Condition Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Lighting/Light Shields Refuse/Containers LILO'S BAKERY 327 N AZUSA AVE 9/22/2003 90A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Condition Unapproved Type/Improper Use/Improper Installation Thermometer Deterioration/Unapproved Materials/Facility Not Fully E • 13 Sink and Fixtures/Floor Sink/Floor Drain LITTLE CAESARS PIZZA 1139 ALOSTA AVE 11/5/2003 100 A #N/A LOS LOBOS BAKERY 680 S AZUSA AVE A 7/17/2003 87 B Food Storage Dispensers/Suppliers Interior Premises Condition Sanitizer Thermometer Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields Refuse/Containers LOS LOBOS MEXICAN FOOD 841 S LARK ELLEN AVE 11/12/2003 92 A Soap/Drying Device Condition Unapproved Type/Improper Use/Improper Installation Sanitizer Exterior Premises LUCKY CHOICES 110 W 9TH ST 10/2/2003 86 B Food Storage Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Storage Unapproved Type/Improper Use/Improper Installation Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Drain Line/Supply Line MARIA'S CANTINA 738 N AZUSA AVE 5/21/2003 91 A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Condition Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E MARIE CALENDERS#65 1175 E ALOSTA AVE 8/6/2003 91 A Improperly Cleaned/Not Maintained Clean Storage Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain MCDONALD'S 980 E ALOSTA AVE 11/26/2003 98 A Sink and Fixtures/Floor Sink/Floor Drain Toilets/Toilet Room MICHAEL'S INN 577 E ARROW HWY 4/29/2003 87 B Improperly Cleaned/Not Maintained Clean 14 Interior Premises Condition Storage Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Open Door/Air Curtain/Window Drain Line/Supply Line Ventilation MILAD'S CHEVRON 101 N AZUSA AVE 6/25/2003 96 A Soap/Drying Device MOON WOK 1125 E ALOSTA AVE 12/8/2003 99A Not Maintained Clean NANAS ICE CREAM 505 N AZUSA AVE 10/20/2003 99A Lighting/Light Shields NORTHROP GRUMMAN CAFE 1111 W 3RD ST 9/5/2003 98A Condition Deterioration/Unapproved Materials/Facility Not Fully E NUTRITION DEPOT 735 E ARROW HWY B 5/9/2003 91 A Food Storage Improperly Cleaned/Not Maintained Clean Deterioration/Unapproved Materials/Facility Not Fully E PACIFIC PEARL BUFFET 1250 W FOOTHILL BLVD 9/25/2003 87 B Disease Transmission Improperly Cleaned/Not Maintained Clean Wiping Rag Not Maintained Clean Ventilation PANDA BAKERY 657 E ARROW HWY 11/12/2003 97A Dispensers/Suppliers Not Maintained Clean Cockroaches PANDA WOK 310 N CITRUS AVE M 9/24/2003 93A Food Storage Dispensers/Suppliers Sanitizer Thermometer PATTY'S MARKET 458 N VIRGINIA AVE 6/26/2003 94A Improperly Cleaned/Not Maintained Clean Interior Premises Rodents PEPE'S TACOS 190 W SIERRA MADRE BLVD 10/8/2003 90A Risk For Contamination Ready to Eat Food Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain PHO 777 920 E ALOSTA AVE 12/1/2003 85 B Food Storage 15 Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Condition Storage Not Maintained Clean Hood Lighting/Light Shields PIZZA HUT#758210 331 N CITRUS AVE 7/24/2003 87 B Disease Transmission Improperly Cleaned/Not Maintained Clean Thermometer Not Maintained Clean • Toilets/Toilet Room QUICK BUY MARKET 858 N AZUSA AVE 6/4/2003 94A Improperly Cleaned/Not Maintained Clean No Hot Water Toilets/Toilet Room QUIZNO'S SUBS 709 N AZUSA AVE 10/6/2003 100 A #N/A RANCHO LAS TORCAZAS 575 E ARROW HWY 4/29/2003 98A Not Maintained Clean Toilets/Toilet Room RANCHO LOS MAGUEYES 248 W FOOTHILL BLVD 12/4/2003 90A Thawing Food Storage Hair Restraints Sink and Fixtures/Floor Sink/Floor Drain RITE AID 153 E GLADSTONE ST 5/21/2003 94A Backflow/Back Siphonage Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain RNJ ORIENTAL MART 310 N CITRUS AVE#L 11/19/2003 93 A Soap/Drying Device Condition Storage Not Maintained Clean ROBERTO'S VERY MEXICAN FOOD 1167 E ALOSTA AVE 10/20/2003 99 A Thermometer ROSS DRESS FOR LESS#275 820 ALOSTA AVE 5/22/2003 100 A #N/A SAV-ON DRUGS 101 W FOOTHILL BLVD 5/27/2003 98A Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain SAV-ON DRUGS#37 367 N CITRUS AVE 5/28/2003 99A Deterioration/Unapproved Materials/Facility Not Fully E SEMAG&STROPS 621 E ARROW HWY 5/15/2003 93A Improperly Cleaned/Not Maintained Clean 16 Storage Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain SIAM PALACE THAI CUISINE 992 E ALOSTA AVE 12/9/2003 94A Improperly Cleaned/Not Maintained Clean Wiping Rag Thermometer SIRUNGUI 5235 N CLYDEBANK AVE 12/29/2003 93A Soap/Drying Device Condition Deterioration/Unapproved Materials/Facility Not Fully E Sink and Fixtures/Floor Sink/Floor Drain SIZZLER 900 E ALOSTA AVE 12/9/2003 93A Improperly Cleaned/Not Maintained Clean Condition Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain SMART CITY GRINDS 635 N AZUSA AVE 5/21/2003 92 A Improperly Cleaned/Not Maintained Clean Sanitizer Thermometer Deterioration/Unapproved Materials/Facility Not Fully E No Hot Water SPUDS LIQUOR 310 N CITRUS AVE N 3/25/2003 91 A Improperly Cleaned/Not Maintained Clean Interior Premises Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Toilets/Toilet Room STARBUCKS COFFEE 1119 E ALOSTA AVE 10/30/2003 90 A Soap/Drying Device Improperly Cleaned/Not Maintained Clean Sanitizer Not Maintained Clean STATER BROS. 1145 E ALOSTA AVE 5/22/2003 95A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers STATER BROS.#57(DELI) 1145 E ALOSTA AVE 8/6/2003 95A Improperly Cleaned/Not Maintained Clean STATER BROS.(MEAT) 1145 E ALOSTA AVE 12/23/2003 100 A #N/A STOP AND GO MART 166 W SIERRA MADRE AVE 6/2/2003 92 A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E 17 Not Maintained Clean SUBWAY SANDWICHES&SALADS 1127 E ALOSTA AVE 7/21/2003 100 A #N/A SUPER STOP 99 CENT STORE 530 S CITRUS AVE 9 6/2/2003 95A Food Storage Thermometer T&J SUBS 200 W FOOTHILL BLVD#7 9/8/2003 94A Improperly Cleaned/Not Maintained Clean Sanitizer Drain Line/Supply Line T K CHINESE BBQ 459 S AZUSA AVE#D 10/27/2003 88 B Food Storage Improperly Cleaned/Not Maintained Clean Wiping Rag Not Maintained Clean Cockroaches No Hot Water TACO BELL 1150 W FOOTHILL BLVD 8/13/2003 98A Sink and Fixtures/Floor Sink/Floor Drain No Hot Water TACO BELL#2389 800 E ALOSTA AVE 9/23/2003 96 A Improperly Cleaned/Not Maintained Clean TACO KING 600 E FOOTHILL BLVD 9/2/2003 91 A Improperly Cleaned/Not Maintained Clean TACO KING 245 E GLADSTONE ST 12/16/2003 91 A Improperly Cleaned/Not Maintained Clean Condition Storage Unapproved Type/Improper Use/Improper Installation Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields TACO TACO 425 E FOOTHILL BLVD#B 11/18/2003 84 B Thawing Food Storage Ready to Eat Food Improperly Cleaned/Not Maintained Clean Unapproved Type/Improper Use/Improper Installation Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Drain Line/Supply Line TACO TAPATIO 502 E FOOTHILL BLVD 11/18/2003 91 A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers 18 Condition Thermometer Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain TACOS AZTECA 459 S AZUSA AVE#C 11/10/2003 93A Dispensers/Suppliers Interior Premises Condition Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields TEXACO REFINING&MKTG.INC. 106 S AZUSA AVE 8/19/2003 95A Improperly Cleaned/Not Maintained Clean Not Maintained Clean THAI TAE WA RESTAURANT 310 N CITRUS AVE E 11/24/2003 88 B Thawing Food Storage Storage Wiping Rag Not Maintained Clean Ventilation THE BASHFUL BUTLER 124 SANTA FE AVE 9/5/2003 91 A Improperly Cleaned/Not Maintained Clean Interior Premises Condition Sanitizer Not Maintained Clean Lighting/Light Shields THE BEVERAGE SHOP 251 E GLADSTONE ST 5/21/2003 90A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Condition Unapproved Type/Improper Use/Improper Installation Not Maintained Clean Rodents THE CASABLANCA 347 S IRWINDALE AVE 6/26/2003 95A Soap/Drying Device Not Maintained Clean THE WHOLE ENCHILADA 855 E ALOSTA AVE 11/4/2003 94A Improperly Cleaned/Not Maintained Clean Thermometer Not Maintained Clean TOGO'S EATERY 924 E ALOSTA AVE 8/5/2003 93 A Improperly Cleaned/Not Maintained Clean Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain 19 Toilets/Toilet Room TONNY'S RESTAURANT MINI MARKET 1197 W ARROW HWY 5/15/2003 100 A #N/A TOP MARKET 503 N AZUSA AVE 6/4/2003 93 A Cooking Deterioration/Unapproved Materials/Facility Not Fully E TOP VALUE(MARKET) 273 E GLADSTONE ST 1/13/2003 91 A Improperly Cleaned/Not Maintained Clean Spoils Area Condition Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Rodents TOP VALUE(MEAT DEPT.) 273 E GLADSTONE ST 12/16/2003 92 A Ready to Eat Food Improperly Cleaned/Not Maintained Clean TOP VALUE(RESTAURANT) 273 E GLADSTONE ST 12/16/2003 90A Cooling Improperly Cleaned/Not Maintained Clean TOTO'S LECHON OF AZUSA 530 S CITRUS AVE#2 11/13/2003 81 B Holding of Potentially Hazardous Food(PHF) Food Storage Improperly Cleaned/Not Maintained Clean Wiping Rag Sanitizer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Cockroaches TULIPANO ITALIAN RESTAURANT 530 S CITRUS AVE 15 11/13/2003 92A Improperly Cleaned/Not Maintained Clean Condition Unapproved Type/Improper Use/Improper Installation Wiping Rag Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Hood USA PETROLEUM 340 N CITRUS AVE 5/22/2003 95 A Improperly Cleaned/Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain VALERO 500 S AZUSA AVE 7/1/2003 95 A Labels Sanitizer VALLEY SUPER BURGER 753 W GLADSTONE ST 11/10/2003 93A Food Storage Condition Deterioration/Unapproved Materials/Facility Not Fully E Ventilation 20 VFW POST#8070 250 E 1ST ST 12/1/2003 97A Unapproved Type/Improper Use/Improper Installation Thermometer Rodents WONDER BREAD 451 E ARROW HWY#B,C 4/29/2003 95A Improperly Cleaned/Not Maintained Clean Not Maintained Clean YAHALA 453 E ARROW HWY 11/5/2003 85 B Soap/Drying Device Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields Toilets/Toilet Room ZORO'S MEAT MARKET 794 E ALOSTA AVE 9/23/2003 92 A Improperly Cleaned/Not Maintained Clean Dispensers/Suppliers Interior Premises Unapproved Type/Improper Use/Improper Installation Wiping Rag Thermometer Deterioration/Unapproved Materials/Facility Not Fully E Not Maintained Clean Cockroaches Other Insects Sink and Fixtures/Floor Sink/Floor Drain Lighting/Light Shields Toilets/Toilet Room 21 . . _ • irr kc' oyA4 • , , , , , 4-'),,,,)- ,_ ii. A '4444.-1 AZUSA TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: DAVID E. RUDISEL, COMMUNITY IMPROVEMENT MANAGER VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR VIA: RICK COLE, CITY MANAGER /at-r`=' DATE: FEBRUARY 17, 2004 SUBJECT: BUSINESS LICENSE SUSPENSION/REVOCATION HEARING FOR "THE LAST CHANCE SALOON", 832 N. AZUSA AVENUE Community Improvement Case No. 03-C-496-M Assessor Number: 8608-025-01 1 Business License Number: 007286 Business Name: The Last Chance Saloon Business Owner: Kathern Elliott RECOMMENDATION: It is recommended that the City Council conduct the required informal hearing and revoke the business license to operate the "Last Chance Saloon" effective immediately. BACKGROUND: At the regular meeting of the City Council on January 20, 2004, the City Council directed staff to notify the owner of "The Last Chance Saloon" to appear before the City Council on February 17, 2004, at 7:30 pm in order to conduct a business license suspension or revocation hearing as provided for in Section 18-21 Azusa Municipal Code. Per council direction the owner was notified of the scheduled hearing in a letter dated January 26, 2004. The notice of hearing included the reasons for the hearing and cited applicable municipal statutes involved. A copy of this notice is attached as "Exhibit A". The request to suspend or revoke the Business License was initiated based on the owner's failure to abate a Declared Public Nuisance and Order to Abate specific building and property deficiencies set forth in City Council Resolution No. 03-C110, an ore speci ' ally esc gybed in 1 n Department of Community Development P.O.Box 1395,Azusa,Ca.91702 -(626)812-5236 -Fax(626)334-5464 "Section 3" of the Resolution. This Resolution also described the various remedies that the City could exercise in the event the owner failed to comply with the Order of Abatement and detailed these remedies in "Section 4" of the Resolution.A copy of Resolution No. 03-C110 is attached as "Exhibit B". The owner has advised staff that she does not have the financial resources to correct the violations, and has asked that the city conduct any and all public nuisance abatement actions. However, staff does not believe that the expenditure of an estimated $10,000 for minimal repairs would be in the city's best interests. The owner's failure to correct the building and property deficiencies within the time prescribed and as ordered is a misdemeanor violation of the law under §14-427(a) Azusa Municipal Code that states, in part, as follows: "Sec. 14-427. Violation; penalty. (a) The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor."... The basis for the Business License Suspension or Revocation Hearing is based on Section 18-21 (subsections a-1, a-2 &a-5) Azusa Municipal Code that reads, in part, as follows: "Sec. 18-21. Revocation and suspension of licenses. (a) Every license granted under this chapter or any ordinance is granted and used by all parties receiving or using the license subject to the express condition that the city council may revoke the license at any time when it is determined by the city council that: (1) Any state of facts exists upon which it would be authorized to deny an application for such license or permit, if required... (2) The person to whom such license was issued or any of his agents, servants or employees or any other person in charge of or employed about the business for which the license was issued has violated any of the conditions of the license or permit, if any, or terms of this Code or of any law of the state... (5) The business has been so conducted as to be a public nuisance...." [Emphasis added] 2 Department of Community Development P.O.Box 1395,Azusa,Ca.91702 -(626)812-5236 -Fax(626)334-5464 • Staff believes the Suspension or Revocation of the Business License to operate is justified based on the following: 1. The owner failed to correct specific building deficiencies outlined in Resolution No. 03-C110 as Ordered, and that the continuing violations would have prohibited the issuance of a business license, since the conditions now existing would not comply with previous or current occupancy standards. 2. That the owner's failure to abate a Declared Public Nuisance is a continuing Misdemeanor violation of the law. 3. That the business is being so conducted as to be a public nuisance due to the owner's failure to correct potentially life-threatening conditions that pose a threat to the general public health and safety. 4. That in maintaining the property as a public nuisance, the owner has lost the legally existing nonconforming status to operate a Bar based on Section 88-1905 Azusa Municipal Code due to the owner's failure to maintain the building and property in good condition. Section 88-1905 Azusa Municipal Code states as follows: "Sec. 88-1905. Nonconforming buildings and structures— Amortization. A legal nonconforming building or structure shall be allowed to remain for the lifetime of the structure, provided the structure and property on which it located are maintained in good condition." Upon conclusion of the Business License Suspension or Revocation Hearing before the City Council, and after reviewing any relevant evidence and testimony in this matter, the City Council may take any of the following actions: 1.The City Council may determine that insufficient grounds exist to either suspend or revoke the business license. 2. The City Council may suspend the business license to operate for a specific period of time with conditional reinstatement at a later date. 3. The City Council may revoke the business license and require that the owner comply with all licensing, building, and zoning requirements under a new license to operate a Bar. Based on the foregoing, staff believes sufficient grounds exist to suspend or revoke the business license to operate the "Last Chance Saloon", at 832 N.Azusa Avenue, and that in the absence of any effort by the property owner to correct the violations the business license should be revoked. Upon conclusion of the business license suspension/revocation hearing, staff will prepare a 3 Department of Community Development P.O.Box 1395,Azusa,Ca.917132 -(626)812-5236 -Fax(626)334-5464 Resolution of the City Council action, if any, for adoption at the next regularly scheduled council meeting. FISCAL IMPACT: If the Business License is revoked, business license revenues may be decreased by approximately $150.00 annually in future years. Additional costs in the form of legal fees may be incurred to obtain an Injunction against the owner, or to prosecute the owner for misdemeanor violations should the owner continue to maintain the property as a public nuisance. Attachments: "Exhibit A" (Notice of Hearing to Owner dated January 26, 2004 "Exhibit B" (Resolution No. 03-C110) 4 Department of Community Development P.O.Box 1395,Azusa,Ca.91702 -(626)812-5236 -Fax(626)334-5464 • • • AZUSA January 26, 2004 Kathern E. Elliott 5302 Grantland Dr. Covina, CA 91722 Re: Notice of Business License Suspension / Revocation Hearing on February 17, 2004, at 7:30 pm before the Azusa City Council for the "Last Chance Saloon, 832 N. Azusa Ave., Azusa, CA 91702 Case No. 03-C-496-M Assessor No. 8608-025-011 Business License No. 007286 Dear Ms. Elliott: The Azusa City Council has scheduled a Business License Suspension or Revocation Hearing to determine if the Business License to operate the "Last Chance Saloon", located at 832 N. Azusa Avenue, Azusa, California, should be suspended or revoked pursuant to Section 18-21 Azusa Municipal Code. The Hearing will be held on February 17, 2004, at 7:30 pm, during a regularly scheduled City Council Meeting in the Civic Auditorium, 213 E. Foothill Blvd., Azusa, CA. 91702. You are asked to attend and provide any relevant testimony in this matter, and you are urged to consult with an Attorney should you so desire. The request to suspend or revoke your Business License was initiated based on your failure to abate a Declared Public Nuisance and Order to Abate specific building and property deficiencies set forth in City Council Resolution No. 03- C110, and more specifically described in "Section ofthe Resolution. This Resolution also described the various remedies that the City could exercise in the event you failed to comply with the Order of Abatement and detailed these remedies in "Section 4" of the Resolution. I have provided an additional copy with this Notice. 1 Your failure to correct the building and property deficiencies within the time prescribed as ordered is a misdemeanor violation of the law under §14-427(a) Azusa Municipal Code that states, in part, as follows: "Sec. 14-427. Violation; penalty. (a) The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor."... The basis for the Business License Suspension or Revocation Hearing is based on Section 18-21 (subsections a-1, a-2 & a-5) Azusa Municipal Code that read, in part, as follows: "Sec. 18-21. Revocation and suspension of licenses. (a) Every license granted under this chapter or any ordinance is granted and used by all parties receiving or using the license subject to the express condition that the city council may revoke the license at any time when it is determined by the city council that: (1) Any state of facts exists upon which it would be authorized to deny an application for such license or permit, if required; ... (2) The person to whom such license was issued or any of his agents, servants or employees or any other person in charge of or employed about the business for which the license was issued has violated any of the conditions of the license or permit, if any, or terms of this Code or of any law of the state; ... (5) The business has been so conducted as to be a public nuisance...." We believe the Suspension or Revocation of the Business License to operate should be Suspended or Revoked based on the following: 2 • 1. It is our contention that your failure to correct specific building deficiencies as Ordered would preclude the issuance of a business license, since the conditions now existing would not comply with previous or current occupancy standards. 2. It is our contention that your failure as an owner/operator of the business to abate a Declared Public Nuisance is a continuing Misdemeanor violation of the law. 3. It is our contention that the business is being so conducted as to be a public nuisance due to your failure to correct potentially life- threatening conditions that pose a threat to the general public health and safety. 4. It is our contention that you have lost your legal nonconforming status to operate a Bar based on Section 88-1905 Azusa Municipal Code due to your failure to maintain the building and property in good condition. Section 88-1905 Azusa Municipal Code states as follows: "Sec. 88-1905. Nonconforming buildings and structures—Amortization. A legal nonconforming building or structure shall be allowed to remain for the lifetime of the structure, provided the structure and property on which it located are maintained in good condition." Upon conclusion of the Business License Suspension or Revocation Hearing before the City Council, and after reviewing any relevant evidence and testimony in this matter, the City Council may take any of the following actions: 1. The City Council may determine that insufficient grounds exist to either suspend or revoke the business license. 2. The City Council may suspend the business license to operate for a specific period of time with conditional reinstatement at a later date. 3. The City Council may revoke the business license and require that you comply with all licensing and zoning requirements under a new license. We recommend that you make every effort to attend the Hearing. Should you have any questions, or need any additional information, please contact me at (626) 812-5285. 3 Sincerely, David E. Rudisel Community Improvement Manager End: Resolution No 03-C110 4 9 7 11 •.� ..,--7-7;i4,L • r/ CD 22,E , \,-t -- �� p� 7( 7..0 U) C7 • ti / , i f, -I..._. , 74), 7 ; --,,-fr _..,____ f , ,,_, 7 ry } 4 )' Yv. r ,7_,_. ..._ . ..._,, ,,,__. ",-A ..(...)---' t-=' -.4' - v r j , Z1-. � '.--/----)- f ..i-) (,/: �.' r---(---f77.- f - 2 Y / __ .., .___) -7 ,,,-')-cry/,,--",77---" ,1-,-"'"1.7f/ r_/✓y" r y7 (y j J ! i • RESOLUTION NO. 03-C1 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF KATHERIN E. ELLIOTT AND APPROVING AN ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 832 N.AZUSA AVENUE PURSUANT TO ARTICLE XIV, SECTION 14-411 ET. SEQ. OF THE AZUSA MUNICIPAL CODE (CASE NO. 03-C- 496-M) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council of the City of Azusa does hereby find,determine and declare that: A. On October 1,2003,a duly noticed hearing was held before the City of Azusa Public Nuisance Hearing Officer to determine whether or not the property located at 832 N.Azusa Avenue(hereinafter"Subject Property")constitutes a public nuisance as defined in Article XIV, Section 14-412, Subsections 3, 4, & 11 of the Azusa Municipal Code. The Hearing Officer found the property to be a public nuisance because of defective and unpermitted roof covering causing water ponding and accumulation, damaged and peeling exterior paint, maintaining a storage building in an unsafe and dilapidated condition, the presence of graffiti, damaged and broken exterior lighting, the presence of debris and cast-off items on the property, the absence of an approved fire extinguisher, failure to maintain parking lot striping, cracked and damaged parapet, dry-rotted fascia boards and exterior wood storage building, unpermitted/illegal use of electrical extension cord wiring throughout the building interior, loose electrical breaker panel, absence of a water shut-off valve on the water heater, lack of pressure relief valve drain pipe, lack of mechanical ventilation in Men's restroom, and water damage in Women's restroom ceiling.The owner of the property, Ms. Katherin E. Elliott,filed a timely appeal from the October 1, 2003, decision of the Hearing Officer to the Azusa City Council pursuant to provisions set forth in Section 14-418 Azusa Municipal Code. B. On November 17, 2003, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Section 14-419 of the Azusa Municipal Code on the appeal of Ms. Katherin E. Elliott. Evidence was received from the City through its Community Improvement Manager, David Rudisel, and from the property owner, Ms. Katherin E. Elliott. The staff report and files of the City Community Improvement Division, relating to the subject property, including three (3) digital photographs were received into evidence. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on November 17, 2003, the City Council specifically finds that: A. The property is in a state of general dilapidation and disrepair. B. The property constitutes a fire hazard due to an extensive use of electrical extension cord wiring in place of permanent electrical wiring, the absence of an approved fire extinguisher 1 C. That structural damages and dilapidation to the rear attached storage shed is an unsafe condition. D. That the property is a public nuisance and is detrimental to the general health, safety, and welfare of customers, employees, nearby residents and the community in general. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this resolution, the City Council of the City of Azusa does hereby deny the appeal of Ms. Katherin E. Elliott, and finds that the Subject Property is a public nuisance pursuant to Section(s) 14-412(3,4, and 11) of the Azusa Municipal Code. Accordingly, Ms. Katherin E. Elliott, as the owner of the subject property shall within thirty (30) days of adoption of this resolution: A. Demolish the storage shed attached at the rear of the building and remove it • from the property. B. Repair or replace all dry-rotted fascia boards and other wooden materials exposed to the elements. C. Repair or replace all damaged or broken exterior lighting, remove all electrical extension cord wiring, repair/install mechanical ventilation in the Men's restroom, repair/replace the circuit breaker panel in the Women's restroom hallway to remove any gaps and provide a latching cover, strap all exterior electrical conduit in an approved manner, replace any missing electrical junction box covers, and repair/replace electrical wiring between the building and the exterior pole sign. All electrical work shall be done by a Licensed California Contractor under Electrical and/or Mechanical permits obtained from the City of Azusa Building Division. D. Install a new roof on the building after obtaining a permit from the City of Azusa Building Division. E. Provide an approved Fire Extinguisher inside the building. SECTION 4.Should the property owner fail to comply with the conditions and or time frames provided for in Section 3 of this resolution, the City of Azusa shall cause abatement, upon securing a warrant from a court with jurisdiction in this matter, pursuant to provisions set forth in Article XIV, Section 14-411 et seq.Azusa Municipal Code. Said abatement may include, but is not limited to; suspension and/or revocation of the Business License to operate the existing business known as "The Last Chance Saloon" under provisions of Section 18-21 Azusa Municipal Code, disconnection of electrical service, demolition and removal of the dilapidated/unsafe storage shed. Nothing in this Section shall prevent the City from seeking civil, or criminal prosecution, or the issuance of civil administrative fines and penalties under provision of Section 1-25 Azusa Municipal Code. SECTION 5. In the event the City of Azusa is required to cause abatement, as set forth in Section 3 of this resolution, all costs incurred shall be charged to the property owner pursuant to provisions set forth in Article XIV, Section 14-411 et seq. Azusa Municipal Code in addition to any costs already incurred and recoverable through the date of adoption of this resolution. 2 SECTION 6. The City of Azusa shall record a"Declaration of Substandard Property" with the Los Angeles County Recorder's Office following adoption of this resolution. Said declaration shall remain in place until such time as the property is rehabilitated or demolished. SECTION 7. The City Clerk shall send a certified copy of this Resolution to the appellant at the address shown in the Notice of Appeal,or as set forth in the testimony or evidence at the hearing thereon. Such mailing shall constitute notice to each said party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 14-420 and that any action to review this decision of the City Council shall be commenced not later than the ninetieth (90th) day following the adoption of this Resolution. SECTION 8. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of December, 2003. 0111) CRISTINA MADRID, MAYOR ATTEST' • VERA MENDOZA, CITY CL I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regularly scheduled City Council Meeting on December 1 s`, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE CITY CLERK 3 s AC T CC ..... Z.ui AZUS TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: DAVID E. RUDISEL, COMMUNITY IMPROVEMENT MANAGER VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR VIA: RICK COLE, CITY MANAGER DATE: MARCH 1, 2004 SUBJECT: BUSINESS LICENSE SUSPENSION/REVOCATION HEARING FOR "THE LAST CHANCE SALOON", 832 N. AZUSA AVENUE Community Improvement Case No. 03-C-496-M Assessor Number: 8608-025-011 Business License Number: 007286 Business Name: The Last Chance Saloon Business Owner: Kathern Elliott RECOMMENDATION: It is recommended that the City Council conduct the required informal hearing and revoke the business license to operate the "Last Chance Saloon" effective immediately. BACKGROUND: At the regular meeting of the City Council on January 20, 2004, the City Council directed staff to notify the owner of "The Last Chance Saloon" to appear before the City Council on. February 17, 2004, at 7:30 pm in order to conduct a business license suspension or revocation hearing as provided for in Section 18-21 Azusa Municipal Code. Per council direction the owner was notified of the scheduled hearing in a letter dated January 26, 2004. The notice of hearing included the reasons for the hearing and cited applicable municipal statutes involved.A copy of this notice is attached as "Exhibit A". The request to suspend or revoke the Business License was initiated based on the owner's failure to abate a Declared Public Nuisance and Order to Abate specific building and property deficiencies set forth in City Council Resolution No. 03-C110, and more specifically described in "Section 3" of the Resolution. This Resolution also described the various remedies that t e als1 jr9&, a(///ate-W 416 Department of Community Development 49//e 50/4 P.O.Box 1395,Azusa,Ca.91702 - (626) 812-5236 -Fax(626) 334-5464 ((( could exercise in the event the owner failed to comply with the Order of Abatement and detailed these remedies in "Section 4"of the Resolution.A copy of Resolution No. 03-C110 is attached as "Exhibit B". The owner has advised staff that she does not have the financial resources to correct the violations, and has asked that the city conduct any and all public nuisance abatement actions. However, staff does not believe that the expenditure of an estimated $10,000 for minimal repairs would be in the city's best interests. The owner's failure to correct the building and property deficiencies within the time prescribed and as ordered is a misdemeanor violation of the law under §14-427(a) Azusa Municipal Code that states, in part, as follows: "Sec. 14-427. Violation; penalty. (a) The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article,or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor."... The basis for the Business License Suspension or Revocation Hearing is based on Section 18-21 (subsections a-1, a-2 &a-5) Azusa Municipal Code that reads, in part, as follows: "Sec. 18-21. Revocation and suspension of licenses. (a) Every license granted under this chapter or any ordinance is granted and used by all parties receiving or using the license subject to the express condition that the city council may revoke the license at any time when it is determined by the city council that: (1) Any state of facts exists upon which it would be authorized to deny an application for such license or permit, if required... (2) The person to whom such license was issued or any of his agents, servants or employees or any other person in charge of or employed about the business for which the license was issued has violated any of the conditions of the license or permit, if any, or terms of this Code or of any law of the state... (5) The business has been so conducted as to be a public nuisance...." [Emphasis added] Staff believes the Suspension or Revocation of the Business License to operate is justified based 2 Department of Community Development P.O.Box 1395,Azusa,Ca.91702 - (626) 812-5236 -Fax(626) 334-5464 on the following: 1. The owner failed to correct specific building deficiencies outlined in Resolution No. 03-C110 as Ordered, and that the continuing violations would have prohibited the issuance of a business license, since the conditions now existing would not comply with previous or current occupancy standards. 2. That the owner's failure to abate a Declared Public Nuisance is a continuing Misdemeanor violation of the law. 3. That the business is being so conducted as to be a public nuisance due to the owner's failure to correct potentially life-threatening conditions that pose a threat to the general public health and safety. 4. That in maintaining the property as a public nuisance, the owner has lost the legally existing nonconforming status to operate a Bar based on Section 88-1905 Azusa Municipal Code due to the owner's failure to maintain the building and property in good condition. Section 88-1905 Azusa Municipal Code states as follows: "Sec. 88-1905. Nonconforming buildings and structures— Amortization. A legal nonconforming building or structure shall be allowed to remain for the lifetime of the structure, provided the structure and property on which it located are maintained in good condition." Upon conclusion of the Business License Suspension or Revocation Hearing before the City Council, and after reviewing any relevant evidence and testimony in this matter, the City Council may take any of the following actions: 1. The City Council may determine that insufficient grounds exist to either suspend or revoke the business license. 2. The City Council may suspend the business license to operate for a specific period of time with conditional reinstatement at a later date. 3. The City Council may revoke the business license and require that the owner comply with all licensing, building, and zoning requirements under a new license to operate a Bar. Based on the foregoing, staff believes sufficient grounds exist to suspend or revoke the business license to operate the "Last Chance Saloon", at 832 N.Azusa Avenue, and that in the absence of any effort by the property owner to correct the violations the business license should be revoked. Upon conclusion of the business license suspension/revocation hearing, staff will prepare a Resolution of the City Council action, if any, for adoption at the next regularly scheduled council meeting. 3 Department of Community Development P.O.Box 1395,Azusa,Ca.91702 - (626)812-5236 -Fax(626) 334-5464 FISCAL IMPACT: If the Business License is revoked, business license revenues may be decreased by approximately $150.00 annually in future years. Additional costs in the form of legal fees may be incurred to obtain an Injunction against the owner, or to prosecute the owner for misdemeanor violations should the owner continue to maintain the property as a public nuisance. Attachments: "Exhibit A" (Notice of Hearing to Owner dated January 26, 2004 "Exhibit B" (Resolution No. 03-C110) 4 Department of Community Development P.O.Box 1395,Azusa,Ca.91702 -(626) 812-5236 -Fax(626) 334-5464 a AZUSA January 26, 2004 Kathern E. Elliott 5302 Grantland Dr. Covina, CA 91722 Re: Notice of Business License Suspension / Revocation Hearing on February 17, 2004, at 7:30 pm before the Azusa City Council for the "Last Chance Saloon, 832 N. Azusa Ave., Azusa, CA 91702 Case No. 03-C-496-M Assessor No. 8608-025-011 Business License No. 007286 Dear Ms. Elliott: The Azusa City Council has scheduled a Business License Suspension or Revocation Hearing to determine if the Business License to operate the "Last Chance Saloon", located at 832 N. Azusa Avenue, Azusa, California, should be suspended or revoked pursuant to Section 18-21 Azusa Municipal Code. The Hearing will be held on February 17, 2004, at 7:30 pm, during a regularly scheduled City Council Meeting in the Civic Auditorium, 213 E. Foothill Blvd., Azusa, CA. 91702. You are asked to attend and provide any relevant testimony in this matter, and you are urged to consult with an Attorney should you so desire. The request to suspend or revoke your Business License was initiated based on your failure to abate a Declared Public Nuisance and Order to Abate specific building and property deficiencies set forth in City Council Resolution No. 03- C110, and more specifically described in "Section 3" of the Resolution. This Resolution also described the various remedies that the City could exercise in the event you failed to comply with the Order of Abatement and detailed these remedies in "Section 4" of the Resolution. 1 have provided an additional copy with this Notice. 1 Your failure to correct the building and property deficiencies within the time prescribed as ordered is a misdemeanor violation of the law under §14-427(a) Azusa Municipal Code that states, in part, as follows: "Sec. 14-427. Violation; penalty. (a) The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor."... The basis for the Business License Suspension or Revocation Hearing is based on Section 18-21 (subsections a-1, a-2 & a-5) Azusa Municipal Code that read, in part, as follows: "Sec. 18-21. Revocation and suspension of licenses. (a) Every license granted under this chapter or any ordinance is granted and used by all parties receiving or using the license subject to the express condition that the city council may revoke the license at any time when it is determined by the city council that: (1) Any state of facts exists upon which it would be authorized to deny an application for such license or permit, if required; ... (2) The person to whom such license was issued or any of his agents, servants or employees or any other person in charge of or employed about the business for which the license was issued has violated any of the conditions of the license or permit, if any, or terms of this Code or of any law of the state; ... (5) The business has been so conducted as to be a public nuisance...." We believe the Suspension or Revocation of the Business License to operate should be Suspended or Revoked based on the following: 1. It is our contention that your failure to correct specific building deficiencies as Ordered would preclude the issuance of a business 2 license, since the conditions now existing would not comply with previous or current occupancy standards. 2. It is our contention that your failure as an owner/operator of the business to abate a Declared Public Nuisance is a continuing Misdemeanor violation of the law. 3. It is our contention that the business is being so conducted as to be a public nuisance due to your failure to correct potentially life- threatening conditions that pose a threat to the general public health and safety. 4. It is our contention that you have lost your legal nonconforming status to operate a Bar based on Section 88-1905 Azusa Municipal Code due to your failure to maintain the building and property in good condition. Section 88-1905 Azusa Municipal Code states as follows: "Sec. 88-1905. Nonconforming buildings and structures—Amortization. A legal nonconforming building or structure shall be allowed to remain for the lifetime of the structure, provided the structure and property on which it located are maintained in good condition." Upon conclusion of the Business License Suspension or Revocation Hearing before the City Council, and after reviewing any relevant evidence and testimony in this matter, the City Council may take any of the following actions: 1. The City Council may determine that insufficient grounds exist to either suspend or revoke the business license. 2. The City Council may suspend the business license to operate for a specific period of time with conditional reinstatement at a later date. 3. The City Council may revoke the business license and require that you comply with all licensing and zoning requirements under a new license. We recommend that you make every effort to attend the Hearing. Should you have any questions, or need any additional information, please contact me at (626) 812-5285. 3 Sincerely, David E. Rudisel Community Improvement Manager End: Resolution No 03-C11 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF KATHERIN E. ELLIOTT AND APPROVING AN ORDER FOR ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 832 N.AZUSA AVENUE PURSUANT TO ARTICLE XIV, SECTION 14-411 ET. SEQ. OF THE AZUSA MUNICIPAL CODE(CASE NO.03-C- 496-M) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find,determine and declare that: A. On October 1,2003,a duly noticed hearing was held before the City of Azusa Public Nuisance Hearing Officer to determine whether or not the property located at 832 N.Azusa Avenue(hereinafter"Subject Property")constitutes a public nuisance as defined in Article XIV, Section 14-412, Subsections 3, 4, & 11 of the Azusa Municipal Code. The Hearing Officer found the property to be a public nuisance because of defective and unpermitted roof covering causing water ponding and accumulation,damaged and peeling exterior paint,maintaining a storage building in an unsafe and dilapidated condition,the presence of graffiti,damaged and broken exterior lighting, the presence of debris and cast-off items on the property, the absence of an approved fire extinguisher, failure to maintain parking lot striping, cracked and damaged parapet,dry-rotted fascia boards and exterior wood storage building, unpermitted/illegal use of electrical extension cord wiring throughout the building interior,loose electrical breaker panel,absence of a water shut-off valve on the water heater, lack of pressure relief valve drain pipe, lack of mechanical ventilation in Men's restroom,and water damage in Women's restroom ceiling.The owner of the property,Ms.Katherin E.Elliott,filed a timely appeal from the October 1, 2003, decision of the Hearing Officer to the Azusa City Council pursuant to provisions set forth in Section 14-418 Azusa Municipal Code. B. On November 17, 2003, a duly noticed hearing was held before the City Council of the City of Azusa pursuant to the provisions of Section 14-419 of the Azusa Municipal Code on the appeal of Ms. Katherin E. Elliott. Evidence was received from the City through its Community Improvement Manager,David Rudisel, and from the property owner,Ms.Katherin E.Elliott. The staff report and files of the City Community Improvement Division, relating to the subject property, including three(3)digital photographs were received into evidence. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on November 17,2003,the City Council specifically finds that: A. The property is in a state of general dilapidation and disrepair. B. The property constitutes a fire hazard due to an extensive use of electrical extension cord wiring in place of permanent electrical wiring, the absence of an approved fire extinguisher C. That structural damages and dilapidation to the rear attached storage shed is an unsafe condition. D. That the property is a public nuisance and is detrimental to the general health, safety, and welfare of customers, employees, nearby residents and the community in general. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this resolution,the City Council of the City of Azusa does hereby deny the appeal of Ms. Katherin E. Elliott,and finds that the Subject Property is a public nuisance pursuant to Section(s)14-412(3,4, and 11) of the Azusa Municipal Code. Accordingly, Ms. Katherin E. Elliott, as the owner of the subject property shall within thirty(30)days of adoption of this resolution: A. Demolish the storage shed attached at the rear of the building and remove it from the property. B. Repair or replace all dry-rotted fascia boards and other wooden materials 1. exposed to the elements. C. Repair or replace all damaged or broken exterior lighting, remove all electrical extension cord wiring, repair/install mechanical ventilation in the Men's restroom,repair/replace the circuit breaker panel in the Women's restroom hallway to remove any gaps and provide a latching cover,strap all exterior electrical conduit in an approved manner, replace any missing electrical junction box covers, and repair/replace electrical wiring between the building and the exterior pole sign.All electrical work shall be done by a Licensed California Contractor under Electrical and/or Mechanical permits obtained from the City of Azusa Building Division. D. Install a new roof on the building after obtaining a permit from the City of Azusa Building Division. E. Provide an approved Fire Extinguisher inside the building. SECTION 4.Should the property owner fail to comply with the conditions and or time frames provided for in Section 3 of this resolution,the City of Azusa shall cause abatement,upon securing a warrant from a court with jurisdiction in this matter, pursuant to provisions set forth in Article XIV,Section 14-411 et seq.Azusa Municipal Code.Said abatement may include,but is not limited to;suspension and/or revocation of the Business License to operate the existing business known as"The Last Chance Saloon" under provisions of Section 18-21 Azusa Municipal Code, disconnection of electrical service,demolition and removal of the dilapidated/unsafe storage shed. Nothing in this Section shall prevent the City from seeking civil, or criminal prosecution, or the issuance of civil administrative fines and penalties under provision of Section 1-25 Azusa Municipal Code. SECTION 5. In the event the City of Azusa is required to cause abatement,as set forth in Section 3 of this resolution, all costs incurred shall be charged to the property owner pursuant to provisions set forth in Article XIV, Section 14-411 et seq. Azusa Municipal Code in addition to any costs already incurred and recoverable through the date of adoption of this resolution. SECTION 6. The City of Azusa shall record a"Declaration of Substandard Property" with the Los Angeles County Recorder's Office following adoption of this resolution. Said declaration shall remain in place until such time as the property is rehabilitated or demolished. SECTION 7. The City Clerk shall send a certified copy of this Resolution to the appellant at the address shown in the Notice of Appeal,or as set forth in the testimony or evidence at the hearing thereon. Such mailing shall constitute notice to each said party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 14-420 and that any action to review this decision of the City Council shall be commenced not later than the ninetieth (90th)day following the adoption of this Resolution. SECTION 8. The City Clerk shall certify the adoption of this Resolution. PASSED,APPROVED AND ADOPTED this 1st day of December,2003. CHRISTINA MADRID,MAYOR ATTEST: VERA MENDOZA,CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regularly scheduled City Council Meeting on December 1$`,2003, 2 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK 3 ":0300# FISCAL IMPACT This is a reimbursement grant in the amount of $50,931.99 from the State of California Homeland Security Grant Program. The County of Los Angeles and the State of California, upon receipt of goods by the City of Azusa Police Department, will process reimbursement. Reimbursement is expected to take 60-90 days. PREPARED BY Olga Bruno, Emergency Services Coordinator Attachment OB/vendorselection Vendor Selection VENDOR Item Description Quantity Unit Cost Cost JURISDICTIONAL CATEGORY AirGas West, Duarte, CA Chemical Resistant Tape 87 $ 11.60 $ 1,009.20 Respirator Canisters w/P-100 filters for full face respirators 80 12.29 $ 991.20 Full Face Respirators (3M600) 80 71.29 $ 5,703.20 Tychem SL Coveralls 96 14 $ 1,344.00 Outer Gloves, chemical resistant 85 11.58 $ 984.30 Inner Gloves, chemical resistant(paks of 10) 9 19.43 $ 174.87 Tax $ 842.06 Total 11,048.83 OPERATIONAL CATEGORY AirGas West, Duarte, CA 29-Liquid Chemical Splash Resistant Clothing (Tychem LV) 4 $ 36.10 $ 144.40 149-Spill Containment Devices (roll of spill sorbent) 1 $ 80.17 $ 80.17 31-Tight fitting, full facepiece negative pressure air purifying respirator(Millenium) 10 $ 255.90 $ 2,559.00 31-Tight fitting, full facepiece negative pressure air purifying respirator(fit-testing cartridges for 6,000 series mask) 50 $ 3.52 $ 176.00 266-SCBA fit test equipment and software to conduct flow testing (cartridges for fit testing Millenium masks) 5 $ 59.72 $ 298.60 31-Tight-fitting, full facepiece, negative pressure air purifying respirator(cartridges for fit testing Advantage 1,000) 26 $ 4.46 $ 115.96 113-Chemical Resistant tape 5 $ 11.60 $ 58.00 35-Chemical Resistant Boots, Steel or Fiberglass Toe and Shank(combat overshoes) 12 $ 18.46 $ 221.52 148-Decontamination System for individual and mass aplication (shower and catch basin) 1 $ 1,027.04 $ 1,027.04 Tax $ 386.16 Total $ 5,066.85 17-Liquid Splash Resistant Chemical Clothing, encapsulated (22 Tomps Suits at 605.00 ea., and 1 Training Suit @ The Centech Group, Inc., $298.00, gloves @143.00 and socks @37.00) 23 $ 13,788.00 Arlington,VA Tax& Shipping $ 1,537.51 Total $ 15,325.51 OB/vendorselection.xl **so-. AZUSA CONSENT CALENDAR TO: HONRABLE MAYOR AND CITY COUNCIL MEMBERS FROM: KING DAVIS, CHIEF OF POLICE VIA: RICK COLE, CITY MANAGER DATE: MARCH 1, 2004 SUBJECT: PURCHASE OF FOURTH RADIO CONSOLE POSITION IN THE AMOUNT OF $27,028.81 FROM THE COMMUNICATIONS CENTER, GLENDORA, CA. RECOMMENDATION It is recommended that the City Council approve the purchase of a fourth radio console position in the amount of $27,028.81 from Communications Center (Glendora), a General Services Administration (GSA) member.As GSA member, the city is not required to competitively bid this purchase. It is also recommended that the City Council approve the purchase of four flat screen monitors from DK systems (low bidder) to complete the 911 and 4th radio position upgrade. BACKGROUND The Police Department is currently functioning with three radio positions in the Communications Center. There is a fourth workstation with CAD and phone capabilities; however, we have not had any funds to purchase the necessary radio equipment. Recently, the State of California allocated $145,000 to the Azusa Police Department for a 911 system upgrade. Verizon proposed to do the job for $128,000. However, a careful line-by-line analysis of their bid managed to reduce the cost to the State to $110,000. 4a.Aal/ (3// &itd4 :11Lft • • With the resulting$18,000 savings, plus the remaining monies, the Police Department is now able to purchase a new radio for the fourth position. A fully functioning fourth position will insure that the Department's radio needs will keep pace with anticipated city growth, Department staffing, and workload needs for years to come. In the short term, we will now be able to provide much-needed extra staffing in the Communications Center for special events, Task force operations, SWAT call-outs,various driver checkpoints, plus any civic emergencies that arise. The cost of the radio equipment, which is to include (but not limited to) operator position port,workstation console interface processor, IBM workstation computer, single channel 64 minute rapid recall recorder, 2 headset jacks interface, heavy duty single footswitch, and 17 inch LCD touch screen monitor is $27,028.81. The cost for the 2 Viewsonic 20.1" LCD monitors and 2 Viewsonic 18" LCD monitors is $3,751.95. FISCAL IMPACT The initial funding must be provided by the City and will be reimbursed by the State of California, Department of General Services-Telecommunications Division. The State has already sent a "commit to fund" letter.