HomeMy WebLinkAbout597ORDINANCE NO. 597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
AMENDING IRWINDALE MUNICIPAL CODE CHAPTERS 5.36, 9.53, 17.08 AND17.59
REGARDING THE REGULATION OF ENTERTAINMENT AND ADULT-ORIENTED
BUSINESSES
WHEREAS, the Irwindale Municipal Code, at Chapter 9.53, includes only one code,
section 9.53.010, and currently prohibits nudity and sexual activities in Adult -Oriented
Businesses (as that term is defined in Section 9.53.020); and
WHEREAS, the Irwindale Zoning Code, at Chapter 17.59, currently limits Adult -
Oriented Businesses to particular locations in the City of Irwindale ("City"); and
WHEREAS, the City Council believes that additional provisions regulating Adult -
Oriented Businesses are necessary to protect the health, safety, welfare and property of the City's
residents; and
WHEREAS, the City Council of the City wishes to promote the City's great interest in
protecting and preserving the quality of the residential, commercial and industrial areas of the
City, and the quality of life through effective land use planning; and
WHEREAS The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary effects of Adult -
Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990);
Seattle, Washington, Department of Construction and Land Use (1989); Austin, Texas, Office of
Land Development Services (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana,
Department of Metropolitan Development (1984); Houston, Texas, City Council Report (1983
and 1997); Beaumont, Texas (1982); Minnesota Crime Prevention Center, Inc., Minneapolis
(1980); Phoenix, Arizona (1979); Los Angeles, California, Department of City Planning (1977);
Amarillo, Texas, Planning Department (1977); and Cleveland, Ohio (1977); New York, New
York (1994); Newport News, Virginia (1996); Times Square, New York City (1994); Whittier,
California (1978); Adams County, Colorado (1990); Dallas, Texas (1997) and El Paso, Texas
(1986). The City Council finds that these studies are relevant to the problems addressed by the
City in enacting this Ordinance to regulate the adverse secondary effects of Adult -Oriented
Businesses and more specifically finds that these studies provide convincing evidence that:
1. There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by Adult -Oriented Businesses, including but not limited
to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and
violence against persons and property. The studies from other cities establish by convincing
evidence that Adult -Oriented Businesses that are not regulated as to operating standards often
have a deleterious effect on nearby businesses and residential areas, causing, among other
adverse secondary effects, an increase in crime and a decrease in property values.
Ordinance No. 597
Page 1
2. Regulations for Adult -Oriented Businesses should be developed to prevent
deterioration and/or degradation of the vitality of the community before the problem exists,
rather that waiting for problems to be created.
WHEREAS, the City Council also takes judicial notice of the factual findings and legal
conclusions in the numerous judicial decisions on the regulation of Adult -Oriented Businesses
which include but are not limited to City of Los Angeles v. Alameda Books, 122 S.Ct. 1728
(2002); City of Erie v. Pap's A.M. ("Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d
265 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991);
FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young
v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976); decisions of
the United Stated Court of Appeals for the Ninth Circuit, including but not limited to: Gammoh
v. City of La Habra (9th Cir. 2005) 395 F.3d 1114; World Wide Video of Washington, Inc. v. City
of Spokane, 2004 WL 1171686 (9th Cir.(May 2004)); Dream Palace v. County of Maricopa, 384
F.3d 990 (9th Cir. 2004); Ctr. for Fair Pub. Policy v. Maricopa County, 336 F.3d 1153 (9th Cir.
2003) Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001);
Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d
807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d
1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles,
222 F.3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City
of Las Vegas ("Baby Tam F), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of
Las Vegas ("Baby Tam II"), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las
Vegas ("Baby Tam III'), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego,
183 F.3d 1108 (9th Cir. 1999); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th
Cir. 1993), cert. denied 511 U.S. 1030 (1994); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9th
Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053
(2000); several California cases, including but not limited to: Tily B., Inc. v. City of Newport
Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3 Ca1.4th 832 (1993), cert.
denied 510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); Department of
Alcoholic Beverage Control v. Alcoholic Beverage Appeals Bd. of California ("Vicary') 99
Cal.App.4th 880 (2002); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert.
denied 475 U.S. 1064 (1986); and other federal cases, including but not limited to: Fantasyland
Video, Inc. v. County of San Diego, 373 F. Supp. 2d 1094 (D. Cal. 2005); Hang On, Inc. v. City
of Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10
F.3d 123 (3rd Cir. 1993); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir.
1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d
1157 (11th Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi,
779 F.2d 1074 (5th Cir. 1986); and
WHEREAS, the City Council believes the following statements are true, in part based
upon its understanding of the experiences of cities such as Seattle, Washington; Austin, Texas;
Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; Newport Beach
California, Anaheim California, and Phoenix, Arizona; and on medical evidence of the effects of
illegal drugs such as methamphetamine and cocaine on human behavior:
Ordinance No. 597
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A. Adult -Oriented Businesses should not be located in areas of the City which
are in the vicinity of public parks, places of worship, educational institutions,
residential properties, and premises selling alcoholic beverages, due to the fact
that such Adult -Oriented Businesses create secondary effects which are
wholly incompatible with those sensitive uses;
B. The effect of Adult -Oriented Businesses on the residential areas of the City
would cause a loss of sensitivity to the adverse effect of pornography upon
children, established family relations, respect for marital relationship and for
the sanctity of marriage relations of others, and the concept of non-aggressive
consensual sexual relations; as well as increase vacancy rates in those
commercial districts, thereby reducing the City's tax base;
C. The City Council believes that allowing Adult -Oriented Businesses in the
manner and areas provided herein is appropriate because such areas include
ample accessible real estate that is easily accessible by freeways, highways
and roads;
D. Without the adoption of this Ordinance, Adult -Oriented Businesses might be
able to locate anywhere within the City by right, and without being subject to
the reasonable time, place and manner operational regulations enacted to
reduce the significant secondary effects believed to be caused by the
businesses, thereby subjecting the people of the City to the unmitigated
secondary effects shown to accompany unregulated and under -regulated
Adult -Oriented Business;
E. A reasonable regulation of the location and manner of operation of Adult -
Oriented Businesses protects the image of the community and its property
values and protects its residents from the adverse secondary effects of such
Adult -Oriented Businesses, while providing those who desire to patronize
Adult -Oriented Businesses an opportunity to do so in appropriate areas within
the City;
F. Adult -Oriented Businesses should be regulated in a manner which will
separate such land uses from other incompatible uses;
WHEREAS, the aforementioned studies and cases show that sex-related offenses are
included within the category of secondary effects caused by unregulated or under -regulated
Adult -Oriented Businesses; and
WHEREAS, the City Council believes that persons who have been convicted of sex-
related offenses have shown a propensity to commit such offenses and should not be permitted to
operate Adult -Oriented Businesses for five (5) years after such conviction. This is because the
sexually oriented nature of the business creates an increased opportunity for the commission of
sex-related offenses by persons who have exhibited a propensity for the commission of such
a offenses; and
Ordinance No. 597
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WHEREAS, the City Council believes as true the studies and judicial decisions in the
public record established and submitted in conjunction with this ordinance which demonstrate
that various operational practices of Adult -Oriented Businesses (as that term is defined in
Section 9.53.020 of this ordinance) increase criminal activity, which includes but is not limited
to sexually related criminal activity, and increase the likelihood of the transmission of diseases
including but not limited to sexually transmitted diseases such as gonorrhea, syphilis, herpes, and
acquired immune deficiency syndrome ("AIDS") and hepatitis-B; and
WHEREAS, the City Council believes the following statements are true, in part, based
upon its understanding of the studies judicial decisions in the public record established and
submitted with this Ordinance:
A. Evidence indicates Entertainers (as that term is defined in Section 9.53.020)
and other persons who publicly perform Specified Sexual Activities or
publicly display Specified Anatomical Parts (as those terms are defined in
Section 9.53.020) in Adult -Oriented Businesses have been found to engage in
sexual activities with patrons of Adult -Oriented Businesses on the site of the
Adult -Oriented Business;
B. Evidence has demonstrated that Entertainers employed by Adult -Oriented
Businesses have been found to offer and provide private shows to patrons
who, for a price, are permitted to observe and participate with the Entertainers
in live sex shows;
C. Evidence indicates that Entertainers at Adult -Oriented Businesses have been
found to engage in acts of prostitution with patrons of the establishment;
D. Evidence indicates that fully enclosed booths, individual viewing areas (as
defined in Section 9.53.020), and other small rooms whose interior cannot be
seen from public areas of the establishment regularly have been found to be
used as a location for engaging in unlawful sexual activity;
E. Individual Viewing Areas have been found to contain "glory holes" in the
walls joining abutting Individual Viewing Areas which are used by customers
to facilitate sexual activity between the occupants of the adjoining Individual
Viewing Areas;
F. Individual Viewing Areas have been found to be unsanitary due to the
existence of semen, saliva, and blood on the walls and floors of the Individual
Viewing Areas. Medical science has found that the AIDS and hepatitis-B
viruses are carried in the semen of infected males and have a potential life
span of 2 to 3 hours outside the human body. The existence of semen on the
walls and floors of the Individual Viewing Areas, as well as other areas of
Adult -Oriented Businesses, can facilitate the transmission of the AIDS and
hepatitis-B viruses. Moreover, the practice of individuals having anonymous
and/or unprotected sexual relations in Individual Viewing Areas can facilitate
Ordinance No. 597
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the transmission of the AIDS and hepatitis-B viruses as well as other sexually
transmitted diseases;
G. Poorly lit or unlit areas of Adult -Oriented Businesses provide a location for
people to engage in illegal sexual and narcotics activities;
H. Police agencies have determined that some Adult -Oriented Businesses and the
operators thereof have been found to be directly engaged in (as well as aid and
abet) criminal and illegal sexual activity. Such individuals also have been
known to use aliases;
I. The City Council is cognizant of the specific danger from the sexually
transmitted disease AIDS, which is currently irreversible and fatal. The City
Council takes legislative notice that according to statistics provided by the Los
Angeles County Health Department, in 1998 1,624 cases of AIDS were
diagnosed in Los Angeles County and 184 AIDS-related deaths were reported.
According to the most recent statistics available for 1999, 464 cases of AIDS
were diagnosed in Los Angeles County between January 1, 1999 and June 30,
1999, and 42 AIDS-related deaths were reported for that same period. Further,
the City Council takes legislative notice of the County of Orange
Communicable Disease Summary 1998, County of Orange Health Care
Agency, issued January 2000 ("Communicable Disease Summary"). The
Communicable Disease Summary states that 5,149 cases of AIDS were
reported in Orange County between 1982 and 1998. In 1998, 305 cases of
AIDS were reported in Orange County, an 8% increase over the 283 reported
cases in 1997. As of December 1998, an estimated 2,345 residents of Orange
County were living with AIDS, over double the number six years prior. As of
December 2000, an estimated 5,700 Orange County residents were living with
HIV or AIDS. The City also takes legislative notice of the AIDS Surveillance
Report dated July 31, 2001 by the County of San Diego Health and Human
Services Agency, Division of AIDS and Community Epidemiology ("AIDS
Surveillance Report") and the report entitled San Diego County HIV/AIDS
Status dated June 2000, also by the County of San Diego Health and Human
Services Agency ("AIDS Status Report"). According to the AIDS
Surveillance Report, 10,876 AIDS cases were reported throughout the County
since 1981 through July 2001, 150 of which were reported in 2001 and 420 of
which were reported in 2000.
J. The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea, chlamydia, hepatitis B and
hepatitis C. The Communicable Disease Summary further indicates that
between 1994 and ' 1998, 211 cases of syphilis were reported, 3,094 cases of
gonorrhea were reported, and 17,349 cases of chlamydia were reported in the
County. The City also takes legislative notice of the STD Fact Sheet of 2000
by the County of San Diego Health and Human Services Agency ("STD Fact
Sheet") and the Sexually Transmitted Diseases Annual Summary, San Diego
County, 1993-1994, by the Sexually Transmitted Disease Control Program,
Ordinance No. 597
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dated December 1995 ("STD Annual Summary"). According to the STD Fact
Sheet and STD Annual Summary, 1109 cases of syphilis were reported
throughout the County between 1990 and 2000, 27 of which were reported in
2000. With respect to gonorrhea, 27,890 cases of gonorrhea were reported
between 1990 and 2000, 1797 of which were reported in 2000. The number
of cases of Chlamydia reported within the County dramatically exceeds the
number of reported cases of syphilis and gonorrhea: 74,079 cases were
reported between 1990 and 2000, 8637 of which were reported in 2000. It
should also be noted that according to the AIDS Status Report, numerous
studies have shown that sexually transmitted diseases such as syphilis,
gonorrhea and Chlamydia facilitate the transmission of HIV.
K. Requiring Adult -Oriented Businesses owners to obtain permits allows the City
to ensure that, among other things, the operators of Adult -Oriented Businesses
have not been convicted of prostitution or other sex related offences in the
past.
WHEREAS, the City Council has a reasonable basis to believe that the experiences of
Los Angeles County, Orange County and San Diego County as to these sexually transmitted or
blood borne diseases are relevant to the experiences of Irwindale.
WHEREAS, while the City Council desires to protect the rights of those who provide
adult-oriented entertainment, it desires to do so in a manner which decreases, to the greatest
extent feasible, the undesirable secondary effects associated with such entertainment; and
WHEREAS, based upon the evidence contained in the studies, judicial opinions, and
other public records, the City Council finds as follows:
A. The City has an interest in ensuring that individuals who operate Adult -
Oriented Businesses have not been convicted of certain criminal offenses,
particularly sexually related offenses. The restrictions on criminal convictions
contained in this Ordinance further that interest;
B. The requirement that Adult -Oriented Businesses only allow performances
which are characterized by Specified Sexual Acts or feature Specified
Anatomical Parts in such a way that patrons are not be permitted within two
(2) feet of the Entertainers is likely to: reduce the opportunities for illegal
sexual activity to occur between Entertainers and patrons; reduce the
opportunities for illegal drug transactions to occur between Entertainers and
patrons; and is particularly likely to reduce the opportunity for such illegal
sexual activity to occur at the Adult -Oriented Business;
C. Requiring Entertainers in Individual Viewing Areas or Entertainers desiring to
perform within two (2) feet of patrons to be completely separated from
patrons by a floor to ceiling plexiglass or other clear, permanent barrier which
physically prevents any physical contact between patrons and Entertainers is
likely to reduce the opportunity for illegal sexual activity to occur between
Ordinance No. 597
Page 6
Entertainers and patrons, reduce the possibility of the transmission of sexually
transmitted diseases between Entertainers and patrons, and reduce the
possibility that illegal drug transactions will occur on the premises;
D. Requiring the entire interior portion of Individual Viewing Areas to be visible
from aisles and public areas of the Adult -Oriented Business is likely to reduce
the opportunity for illegal sexual activity to occur within the Individual
Viewing Area;
E. Requiring areas within Adult -Oriented Businesses to be illuminated in
compliance with the minimum standards contained in Section 9.53.050 is
likely to reduce the opportunity for the occurrence of illegal drug and sexual
activity in dark portions of Adult -Oriented Businesses;
F. Prohibiting any physical contact between Entertainers and patrons of Adult -
Oriented Businesses is likely to reduce the opportunity for the occurrence of
illegal sexual and narcotics activity between patrons and Entertainers;
G. Prohibiting holes or openings between the interior spaces of Individual
Viewing Areas is likely to reduce the opportunity for the occurrence of illegal
sexual activity between the occupants of Individual Viewing Areas;
H. Prohibiting the occupancy of more than one person in an Individual Viewing
Area at any time is likely to reduce the opportunity for the Individual Viewing
Area to be used for illegal sexual activity;
I. Prohibiting patrons of Adult -Oriented Businesses from directly providing
payments or gratuities to and prohibiting Entertainers from directly accepting
the same is likely to reduce the opportunity for illegal sexual activity to occur
between patrons and Entertainers;
J. The City also takes legislative note of the number of courts have upheld
distance limitations between Entertainers and patrons, prohibitions against
physical contact between Entertainers and patrons, and precluded direct
exchange of monies between Entertainers and patrons at Adult -Oriented
Businesses that provide live entertainment, including, based on the presence
of secondary effects including, but not limited to: Gammoh v. City of La
Habra (9th Cir. 2005) 395 F.3d 1114; Tily B. v. City of Newport Beach (1999)
69 Cal.AppAth 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998);
BSA, Inc. v. King County, 804 F.2d 1104, 1110-11 (9th Cir. 1986); Kev, Inc. v.
Kitsap County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of
Chattanooga, 894 F. Supp. 1140 (E.D. Tenn. 1995); Parker v. Whitfield
County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of Arlington,
65 F.3d 1248 (5th Cir. 1995).
.y K. The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication.
The City Council takes note of the proliferation of adult material on the
Ordinance No. 597
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Internet, satellite television, direct television, CDs, DVDs, and that these
various media provide alternative avenues of communication. The City
Council also considers and relies on published decisions examining the
proliferation of communications on the Internet. (Reno v. American Civil
Liberties Union, 521 U.S. 8449 117 S.Ct. 23293, 138 L.Ed.2d 874 (1997) [the
principle channel through which many Americans now transmit and receive
sexually explicit communication is the Internet]; Anheuser-Busch v. Schmoke,
101 F.3d 325, 329 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the
Fourth Circuit rejected a First Amendment challenge to a Baltimore ordinance
restricting alcohol advertisements on billboards acknowledging that the
Internet is one available channel of communication]; U.S. v. Hockings, 129
F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir.
1996), cert. denied 519 U.S. 820 [recognizing the Internet as a medium for
transmission of sexually explicit material in the context of obscenity
prosecutions].) The emergence of the Internet brings with it a virtually
unlimited additional source of adult-oriented sexual materials available to
interested persons in every community with a mere keystroke.
WHEREAS, the City Council is aware of the recent increase in the establishment of
businesses which provide Adult -Oriented entertainment; and
WHEREAS, in the absence of this Ordinance, the City would be unable to reduce or
eliminate the secondary effects caused by the unregulated operation of Adult -Oriented
Businesses, and would therefore be forced to suffer the deleterious impacts of such secondary
effects which include but are not limited to increased crime and blight; and
WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress any
activities protected by the First Amendment, but rather to enact a content neutral ordinance
which addresses the secondary effects Adult -Oriented Businesses have on the City; and
WHEREAS, the City Council finds that this Ordinance is a comprehensive content
neutral zoning ordinance regulating the time, place and manner of operation of sexually oriented
businesses pursuant to Government Code Section 65850.4; and
WHEREAS, the City Council wishes to maintain and modify the prohibitions set forth in
Chapters 9.53 and 17.59 related to Adult -Oriented Businesses and wishes to adopt additional
provisions to combat the recognized secondary effects of such businesses; and
WHEREAS, the City Council finds that additional terms must be defined for clarity of
this Ordinance and therefore wishes to add additional terms and definitions to Chapter 17.08; and
WHEREAS, the City Council believes that increased regulation of all forms of
entertainment is necessary to protect the health, safety, welfare and property of the City's
residents; and
WHEREAS, the City Council believes that increased regulation of live entertainment is
necessary to prevent nuisance activity, including noise violations; and
Ordinance No. 597
Page 8
WHEREAS, the City Council wishes to amend the regulations as set forth in Chapter
5.36 regarding the regulation of entertainment and wishes to adopt additional provisions for
consistency with the regulations to be imposed on Adult -Oriented Businesses.
NOW, THEREFORE, the City Council of the Irwindale does ordain as follows:
SECTION 1. The City Council hereby amends Chapter 5.36 of the Irwindale Municipal Code as
follows, which amendments revise sections 5.36.010 through 5.36.050 and 5.36.080 through
5.36.110, revises and renumbers sections 5.36.130 to 5.36.050 and 5.36.070 to 5.36.060, and
adds sections 5.36.055, 5.36.115, 5.36.130 and 5.36.140. Chapter 5.36, in its entirety reads as
follows:
"5.36.010 Permit required.
No person, firm, partnership, corporation or business entity shall operate, conduct or
manage any place or premises open to the public as a place of entertainment or property
or location that provides any form of entertainment, as defined in section 5.36.020,
without first obtaining an annual permit as provided for in this chapter. Entertainment
permits hereunder shall be in addition to any other permit, license or entitlement required
by this code or other law.
5.36.020 Definitions.
1. "Entertainment" means every form of live entertainment, music, solo band or orchestra,
act play, burlesque show, cabaret, fashion show, style show, review, pantomime, scene
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song, dance, act , song, and dance act, or any other act or performance participated in by
one or more persons for the purpose of holding the attention of, gaining the attention and
interest of, diverting or amusing guests or patrons or the use of a radio or other electronic
playback device providing music for dancing by patrons or guests.
The following is included in the term "entertainment": The presence of any
performer, dancer, employee, agent, model or other person, collectively and
individually referred to as "Entertainer," in any place of entertainment who
engages in any specified sexual activity (as that term is defined in Section
9.53.020 of this Code) not otherwise prohibited by local, State or Federal law, or
who exposes any specified anatomical part (as that term is defined in Section
9.53.020) not otherwise prohibited by local, State or Federal law, or who performs
in attire commonly referred to as pasties or G-string, or any other opaque covering
which does not expose the areola or nipples of the female breast, and while
covering the natal cleft and pubic area covers less than one inch on either side of
the entire length of the natal cleft and two inches across the pubic area.
2. "Owner" or "permit holder" or "permittee" means any of the following:
a) A sole proprietor or individual(s) who own or operate a place of
entertainment;
b) All general partners of a partnership which owns or operates a place of
entertainment;
Ordinance No. 597
Page 9
c) All persons who hold a controlling interest in a corporation, or other limited
liability entity which owns or operates a place of entertainment.
d) All persons issued a permit by the City.
3. "Place of entertainment" means any business establishment or concern open to
members of the public, with or without charge, in which entertainment is offered or
performed.
5.36.030 Exclusions.
The provisions of this chapter shall not be deemed to require a permit for the following:
A. For the use of a radio, record or compact disc player, jukebox, television or
other electronic playback device in any establishment, except when utilized by
an announcer or disc jockey who at any time provides any form of vocal
entertainment, including the announcing of song titles or artists' names in
conjunction therewith;
B. For entertainment conducted in connection with a regularly established
motion picture theatre, public park, primary or secondary schools, circus or
fairground;
C. For entertainment conducted by or sponsored by any bona fide club, society or
association, organized or incorporated for benevolent, charitable, educational
or literary purposes, having an established membership, and which holds
meetings at regular intervals of not less than once per three month period,
when proceeds, if any, arising from such entertainment are used for the
purpose of such club, society or association.
5.36.040 Application for permit.
Applicants for entertainment permits shall file a written, signed and verified application
with the City Manager, or his or her designee, showing:
A. The name and permanent address of applicant, a California driver's license
number and any and all aliases;
B. The enterprise name and/or any other business name, and business address of
the applicant. If the applicant is a corporation, the name shall be exactly as set
forth in its articles of incorporation and the applicant shall show the name and
residential address of each of the officers, directors, and each stockholder
owning ten percent (10%) of the stock of the corporation or more. If the
applicant is a partnership, the application shall show the names and residence
addresses of each of the members, including limited partners;
C. The name under which the entertainment enterprise is to be operated;
Ordinance No. 597
Page 10
D. The telephone number of the enterprise, and the address and legal description
of the parcel of land on which the enterprise is located;
E. A detailed description of the proposed entertainment, including type of
entertainment, number of persons engaged in the entertainment, anticipated
occupancy, and any further information about the entertainment or
entertainers, which may be necessary in light of the proposed entertainment;
F. A site plan describing the building and/or unit proposed for the entertainment
establishment and a fully dimensioned interior floor plan;
G. The date, hours, total duration of the event, and location where the
entertainment is proposed to be conducted, and the admission fee, if any, to be
charged;
H. The name or names of the person or persons responsible for the management
or supervision of applicant's business and residence address thereof,
I. A statement of the nature and character of applicant's business, if any, to be
carried on in conjunction with such entertainment, including whether or not
alcohol will be served as part of such business;
J. Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been, within the
previous five (5) years, convicted of a felony, the nature of such offense, and
the sentence received therefore including conditions of parole or probation, if
any;
K. Whether or not the applicant has ever had any permit or license issued in
conjunction with the sale of alcohol or provision of entertainment revoked,
including the date thereof and name of the revoking agency;
L. A statement under oath that the owner has personal knowledge of the
information contained in the application and that the information contained is
true and correct;
M. A statement that the owner has read and understands the provisions of this
chapter;
N. A statement whether the owner previously operated in this or any other
County, City or State under an entertainment establishment license/permit or
similar business license/permit, including but not limited to an adult business
license/permit, and whether the owner has ever had such a license or permit
revoked or suspended, the reason therefore, and the business entity or trade
name under which the owner operated that was subject to the suspension or
revocation;
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O. If the premises are being rented or leased or being purchased under contract, a
copy of such lease or contract shall accompany the application;
P. Such other reasonable information which may be necessary in light of the
proposed entertainment.
5.36.050 Investigation.
A. Upon receiving an application for an entertainment permit, the City Manager or
designee shall conduct an investigation to determine if the proposed business is in
compliance with the provisions of this chapter. The City Manager or designee, shall,
within thirty (30) calendar days of receipt of a complete permit application, approve and
issue the permit if all the requirements of this Chapter have been met. If the City Manager
or designee determines that the application does not satisfy the requirements of this
chapter, he or she shall deny the application.
1. The applicant shall be served with written notice within ten (10) business days of
the decision. Notice shall be personally served or served by deposit in the United
States mail, first class postage prepaid, at the address shown on the application.
Service shall be deemed complete upon personal service or deposit in the United
States Post Mail.
2. The City Manager or designee shall take all lawful steps to insure that any
applicant whose permit has been denied pursuant to this section shall be afforded
prompt judicial review of the City Manager's or designee's decision to deny the
permit.
B. Standards for Approval of Permit. The City Manager or designee shall approve and
issue an entertainment permit if the application and evidence submitted show that:
1. The place of entertainment is proposed to be located in a zone permitting the
proposed use under Title 17 of this Code;
2. For up to fifty (50) patrons, at least one security guard will be on duty, patrolling,
among other areas, the grounds and parking areas at all times while the business
is open. An additional security guard shall be on duty for every additional fifty
(50) patrons on the premises. The security guards shall be charged with
preventing violations of law and enforcing compliance by patrons with the
requirements of this chapter. No security guard required pursuant to this
subparagraph shall act as a door person, ticket seller, ticket taker, or admittance
person while acting as a security guard;
3. Notwithstanding 5.36.050(B)(2), all persons conducting a public dance or any
entertainment where dancing by patrons or customers is permitted shall have in
attendance at the premises for the purpose of supervising the dancing and the
conduct of all patrons and customers a duly licensed and uniformed security
Ordinance No. 597
Page 12
guard at all times such dancing is permitted or allowed. However, the provisions
of this section shall apply only to those establishments or premises where a dance
floor or dance area in excess of one hundred square feet is available or designated
for dancing by customers or patrons.
4. The premises within which the entertainment is located shall provide sufficient
sound absorbing insulation so that noise generated inside the premises shall not
be audible anywhere on adjacent property or public right-of-way or within any
other building or other separate unit within the same building, nor should any
noise violate Chapter 9.28;
5. All entertainment described within Section 5.36.020 complies with the additional
regulations in Section 5.36.055;
6. All signage conforms to the standards applicable to the zone;
7. Every place of entertainment shall have a manager on the premises at all times
when entertainment is performed;
8. The place of entertainment must not operate or be open between the hours of two
a.m. (2:OOam) and seven a.m (7:OOam).
Section 5.36.055 Additional Regulations.
The following regulations shall apply to all "entertainment" as defined in Section
5.36.020:
A. If the place of entertainment is licensed to serve alcoholic beverages, the
permittee shall abide by the rules and regulations set forth by the
California Department of Alcoholic Beverage Control.
B. Stage or entertainment areas shall not be open to view from outside the
premises.
C. All areas of the place of entertainment accessible to patrons shall be
illuminated at a minimum of two (2) foot-candles, evenly distributed at
ground level.
D. No permit shall be valid for more than a one year period of time.
Section 5.36.060 Appeals from Action of City Manager.
A. If an applicant is aggrieved by any action or failure to act upon the part of
the City Manager or designee, in issuing, failing to issue, suspending or
revoking any permit under this chapter, such applicant may appeal to the
City Council by filing with the City Clerk a statement addressed to the
City Council setting forth the facts and circumstances regarding the
Ordinance No. 597
Page 13
action or failure to act on part of the City Manager or designee.
B. The right to appeal to the City Council from the denial, suspension or
revocation of any permit required by this chapter shall terminate upon the
expiration of fifteen (15) business days following the deposit of a
certified letter in the United States Post Office advising the applicant of
the action of the City Manager or designee and of his or her right to
appeal such action to the City Council.
C. The hearing shall be held within twenty (20) business days of the receipt
by City Clerk of the appeal, or at the next regularly scheduled City
Council Meeting, whichever is sooner.
D. After the application has been set for hearing, notice shall be given, per
applicable requirements, of proposed or actual location of the applicant's
business. For the purposes of this section, notice to property owners shall
be sufficient if given to those property owners who appear as such on the
most recent equalized assessment roll prepared by the County of Los
Angeles. Additionally, the City Manager or designee shall cause a public
notice to be posted at the location where the business or entertainment is
to be conducted. All notices provided for in this section shall be in the
form and manner as prescribed by the City Manager or designee. The
applicant shall bear all costs and expenses in mailing, printing and
posting such notices and shall pay such costs to the City prior to the time
set for public hearing on the pending application. Failure to pay such
costs by the applicant shall be grounds for denial of the application. The
costs to the applicant shall be provided for in the City's fee schedule.
E. At the time and place set for public hearing as to any application, and as
may be continued from day to day, the City Council, shall hear and
determine all the facts and evidence relevant to the applicant and
supervisory employees, as well as the entertainment proposed, including
the nature and location of the proposed entertainment.
F. The City Council may preside over the hearing on appeal or, in the
alternative, appoint a hearing officer to conduct the hearing, receive
relevant evidence, and submit to the City Council findings and
recommendations to be considered by the City Council.
G. The City Council shall render its decision within five (5) business days
from the date of the hearing or, in the event that a hearing officer has
been appointed, within five (5) business days from the date the City
Council receives the findings and recommendations of the hearing
officer. The decision of the City Council shall be final.
Ordinance No. 597
Page 14
5.36.080 Denial of application.
At the conclusion of the hearing or investigation, such decision shall be set forth in a
resolution making necessary findings which shall be adopted within thirty (30)
calendar days after such decision is rendered. The City Manager, or designee, or, on
appeal, the City Council, may deny said application if it is found and determined that
any of the following exist:
A. The premises or establishment is likely to be operated, or is operating, or
has been operating, in an illegal, improper or disorderly manner; or
B. The applicant or any other person associated with him or her as principal
or partner, or in a position or capacity involving partial or total control
over the conduct of the business for which such permit is sought to be
issued, has been convicted in court of competent jurisdiction of any
offense involving the presentation, exhibition or performance of any
obscene show of any kind, or of a felony, or has had any approval, permit
or license issued in conjunction with the sale of alcohol or the provision
of entertainment, revoked within the preceding five (5) years; or
C. That granting the application would create a public nuisance; or
D. That the normal operation of the premises would interfere with the peace
and quiet of any surrounding residential neighborhood; or
E. The applicant has made any false, misleading, or fraudulent statement of
material fact in the required application, or other document provided to
the City.
F. That the applicant has not or cannot meet the standards of approval as
required by any code, law, statute or regulation, including but not limited
to the requirements of this Chapter or the City zoning code.
5.36.090 Conditions imposed on permit.
The City Manager, or designee, or the City Council on appeal, in granting any permit may
also impose such reasonable conditions as to the use or extent of such permit as may be
required pursuant to section 17.80.040 of this Code.
5.36.100 Suspension or revocation of permit.
A. After notice and hearing pursuant to section 5.36.060, the City Manager, or
designee, may suspend or revoke any permit granted pursuant to this Chapter
if he or she finds and determines that any permittee, agent or employee
thereof, or any person connected or associated with the permittee as partner,
director, officer, general manager, or other person who is exercising
Ordinance No. 597
Page 15
managerial authority of, or on behalf of, the permittee or any entertainer
acting under the. authority of such permit:
1. Made any false, misleading or fraudulent statement of material fact in the
application for permit, or other document provided to the City;
2. Violated any provision of this Chapter or any statute, ordinance, or
condition relating to the permitted activity;
3. The permittee has ceased to meet the requirements for issuance of permit,
including but not limited to the violation of any rules, regulations or
conditions imposed upon the permittee's business or permit;
4. Is convicted of a felony;
5. Convicted of a misdemeanor occurring upon, or relating to the premises or
lot upon which the place of entertainment is located, which offense is
classified by the State as an offense involving a sexual crime against
children, sexual abuse, rape, distribution of obscene material or material
harmful to minors, prostitution or pandering, including, but not
necessarily limited to the violation of any crime requiring registration
under California Penal Code Section 290, or any violation of Penal Code
Sections 243.4, 2619 261.5, 264.1, 266, 266a through 266k, inclusive, 267,
286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or
647;
6. If, on two or more occasions within a twelve (12) month period, a person
or persons has or have been convicted of a felony or misdemeanor for an
offense set forth in subsection 5 of this section as a result of such person's
activity on the premises or property on which the place of entertainment is
located, and the person or persons were employees, contractors or agents
of the place of entertainment at the time the offenses were committed;
7. If the permit holder or his or her authorized agent has knowingly allowed
prostitution, or solicitation for prostitution, on the premises;
8. Conducted a permitted business in a manner contrary to the peace, health,
safety and general welfare of the public, including but not limited to music
or noise from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood; or
9. Demonstrated a lack of fitness to be trusted with the privileges granted by
such a permit.
B. The decision of the City Manager, or designee, shall be set forth in a statement
of decision, which shall be adopted within thirty (30) calendar days of the date
Ordinance No. 597
Page 16
of such decision and shall be final unless appealed in accordance with the
provisions of Section 5.36.060 of this Chapter.
5.36.110 Fees.
The fee for an entertainment permit shall be as set forth by resolution of the City Council,
payable annually on or before the anniversary date of each and every year after the original
permit is approved. Such permit shall be in addition to any business license, or other
permits or license fees which may be required by the City code.
Section 5.36.115 Permits Nontransferable.
No entertainment permit shall be sold, transferred, or assigned by any permit holder, or by
operation of law, to any other person, group, partnership, corporation or any other entity,
and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be
deemed to constitute a voluntary surrender of such permit, and such permit shall be
thereafter null and void. A permit held by an individual in a corporation or partnership is
subject to the same rules of transferability as contained above. The permit shall be valid
only for the exact location specified in the permit.
Section 5.36.120 Time for filing application.
All persons engaged in providing entertainment in the city prior to the effective date of this
ordinance shall be subject to the provisions of Chapter 17.76 of this Code.
Section 5.36.130 Public Nuisance.
Any establishment operated, conducted or maintained contrary to the provisions of this
Chapter is unlawful and a public nuisance, and may be abated pursuant to Section
1.12.040, and further constitutes a misdemeanor subject to the provisions of Section
1.12.010.
Section 5.36.140 Alternative
In the event that any prohibition set forth above in this Chapter, is held to be invalid or
unenforceable by a court of competent jurisdiction, such prohibition shall be severed
from the Chapter, the remainder of which will remain in full force and effect."
SECTION 2. The City Council hereby renumbers code sections 9.53.010 and 17.59.030(F) to
9.53.050(B)(14), renumbers 17.59.030(B) to 9.53.020(D), renumbers 17.59.030(H) to
9.53.050(B)(25), adds sections 9.53.010 through 9.53.120 and adopts Chapter 9.53 in its entirety,
to read as follows:
Ordinance No. 597
Page 17
"9.53.010 Intent
The intent of this chapter is to regulate adult-oriented businesses which, because of their
very nature, are believed to have many of the recognized significant secondary effects on
the community which include, but are not limited to: depreciated property values and
increased vacancies in residential and commercial areas in the vicinity of the adult-
oriented businesses; spread of sexually transmitted diseases; higher crime rates, noise,
debris or vandalism in the vicinity of adult-oriented businesses; and blighting conditions
such as low level maintenance of commercial premises and parking lots which thereby
have a deleterious effect upon adjacent areas.
Special regulation of these uses is necessary to ensure that these adverse effects will not
contribute to the blighting or downgrading of the neighborhoods in the vicinity of the
adult-oriented businesses. It is neither the intent, nor effect of this section to impose
limitations or restrictions on the content of any communicative material. Similarly, it is
neither the intent, nor effect of this section to restrict or deny adults access to sexually
oriented materials or merchandise protected by the First Amendment, or to deny access
by the distributors or exhibitors of adult-oriented business to their intended market.
Nothing in this section is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any City
ordinance, any law or any statute of the State of California regarding public nuisances,
unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the
exhibition or public display thereof.
9.53.020 Definitions
As used in this chapter:
A. "Adult-oriented business" means any business establishment or concern which
as a regular and substantial course of conduct performs as an adult bookstore,
adult theater, adult motion picture arcade, adult cabaret, stripper, adult model
studio, adult motel/hotel; any business establishment or concern which as a
regular and substantial course of conduct sells or distributes sexually oriented
merchandise or sexually oriented material; or any other business
establishment or concern which as a regular and substantial course of conduct
offers to its patrons products, merchandise, services or entertainment
characterized by an emphasis on matters depicting, describing or relating to
specified sexual activities or specified anatomical parts. "Adult-oriented
business" does not include those uses or activities, the regulation of which is
preempted by State law. For the purposes of this section, a business
establishment or concern has established the provision of products,
merchandise, services or entertainment characterized by an emphasis on
matters depicting, describing or relating to specified sexual activities or
specified anatomical parts as a regular and substantial course of conduct when
one or more of the following conditions exist:
Ordinance No. 597
Page 18
i. The area devoted to adult merchandise and/or sexually oriented
material exceeds more than fifteen percent (15%) of the total display
or floor space area open to the public;
ii. The business establishment or concern presents any type of live
entertainment which is characterized by an emphasis on specified
sexual activity or specified anatomical parts;
iii. The regular and substantial course of conduct of the business consists
of or involves the sale, trade, display or presentation of services,
products, or entertainment which are characterized by an emphasis on
matter depicting, describing or relating to specified sexual activity or
specified anatomical parts.*
* No adult-oriented business shall be issued a permit or be
permitted to operate within the City if in the presentation of sale,
trade, display or presentation of services, products or entertainment
characterized by an emphasis on matters, depicting, describing or
relating to specified sexual activity or specified anatomical parts is
otherwise prohibited by local, state or federal law.
B. "Entertainer," for the purposes of this chapter, means any person who dances,
models, entertains, and/or performs specified sexual activities or displays
specified anatomical parts in an adult-oriented business.
C. "Individual viewing area" shall mean any area designed for occupancy of one
person for the purpose of viewing live performances, pictures, movies, videos
or other presentations.
D. "Sexually oriented" means any use, display, sale, product, book, treatment,
manipulation, projection machine or other device, the principal advertised and
emphasized purpose, use of, manifestation of, which is for gratification,
prurient, education, entertainment, observation, reading, or other stimulus,
excitation, or study of human heterosexual, homosexual, or other explicit
sexual activity, or stimulation or depiction thereof or any specified sexual
activity.
E. "Sexually oriented material" means any element of sexually oriented
merchandise, or any book, periodical, magazine, photograph, drawing,
sculpture, motion picture film, video, or other written, oral or visual
representation which, for purposes of sexual arousal, provides depictions
which are characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical parts.
F. "Sexually oriented merchandise" means sexually oriented material, or
sexually oriented implements and paraphernalia, such as, but not limited to
Ordinance No. 597
Page 19
sexually oriented devices which are designed or marketed primarily for the
stimulation of human genital organs or sadomasochistic activity.
G. "Specified anatomical parts" means:
i. Less than completely and opaquely covered human genitals; pubic
region; buttocks, or female breast below a point immediately above the
top of the areola; or
ii. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
H. "Specified sexual activities" means:
i. Actual or simulated sexual intercourse including oral copulation and
anal intercourse; or
ii. Clearly depicted human genitals in a state of sexual stimulation, arousal
or tumescence, or physical stimulation of unclothed genitals or any act
of masturbation; or
iii. Erotic or lewd touching, fondling or other sexually oriented contact
including any touching of the pubic region, buttocks or female breasts;
or
iv. The use of excretory, urinary or menstrual function in the context of a
sexual act; or
v. The presence of any person who performs, or appears in attire where
specified anatomical parts are either not opaquely covered or minimally
covered with devices commonly referred to as pasties and G-strings or
any other opaque covering, over the nipple and areola of the female
breast, and while covering the natal cleft and pubic area covers less than
one inch on either side of the entire length of the natal cleft and two
inches across the pubic area; or
vi.Any act which would constitute "sexually explicit conduct" as defined in
Title 18 of the United States Code at section 2256(2).
9.53.030 Permit Required
No adult-oriented business shall be permitted to operate, engage in, conduct or carry on
business within the City unless the owner of the business first obtains both an adult-
oriented business permit and a business license from the City.
Ordinance No. 597
Page 20
9.53.040 Application Requirements for Adult Business Permit
A. Application Submittal. The property owner, or authorized agent of the
property owner, is eligible to request an adult-oriented business permit.
Applications shall be submitted to the Planning Department.
B. The following is required at the time an adult-oriented business permit is
submitted:
i. A completed adult-oriented business permit application signed by the
property owner or authorized representative;
ii. A nonrefundable deposit or fee as set forth by ordinance or resolution of
the City Council;
iii. A letter of justification and diagram or floor plan describing the proposed
project and explaining how it complies or will comply with the
requirements contained in Chapters 5.36 and 17.59.
iv. Signed statement by the applicant verifying the applicant intends to and
will comply with all operational requirements of Chapter 9.53.050.
v. Signed statement that the applicant, and/or the applicant's officers,
partners or investors have not had an adult-oriented business permit
revoked within the previous two (2) years.
vi. All other information as required by City of Irwindale adult-oriented
business permit information sheet.
C. Determination of Completeness. The Planning Director shall determine
whether the application contains all the information required by the provisions
of this Chapter 9.53. If it is determined that the application is not complete,
the applicant shall be notified, in writing within thirty (30) calendar days of
the date of receipt of the application, that the application is not complete and
the reasons therefore, including any additional information necessary to render
the application complete. The applicant shall have thirty (30) calendar days to
submit additional information to render the application complete. Failure to do
so within the thirty (30) day period shall render the application void. Within
twenty (20) calendar days following the receipt of an amended application or
supplemental information, the Planning Director shall again determine
whether the application is complete in accordance with the procedures set
forth in this subsection. Evaluation and notification shall occur as provided
above until such time as the application is found to be complete. The applicant
shall be notified within five (5) business days of the date the application is
found to be complete. All notices required by this chapter shall be deemed
given upon the date they are either deposited in the United States mail or the
date upon which personal service of such notice is provided.
Ordinance No. 597
Page 21
9.53.050 Application/Findings/Requirements
A. The Planning Commission shall issue an adult-oriented business permit within
forty-five (45) days of receipt of a complete application unless a longer period
is required to comply with the provisions of the California Environmental
Quality Act (CEQA) if it finds that the application fully complies with the
findings/requirements of this section. If the Planning Commission has not
made a decision within forty-five (45) days of receipt of a complete
application, or such longer time period as required to comply with CEQA, the
applicant shall be permitted to begin operating the establishment for which a
permit is sought, unless and until the Planning Commission notifies the
applicant of a denial of the application and states the reason(s) for the denial.
A complete application shall consist of all sections of the written application
answered with requested information accompanied by plans showing how the
business intends to comply with the requirements of this chapter and
applicable requirements of Chapter 5.36 and Chapter 17.59. The decision of
the Planning Commission to issue or deny a permit shall be final unless timely
appealed to the City Council in accordance with section 9.53.090(D) of this
Code. The appeal will be governed by section 9.53.090(D).
B. Findings/Requirements. The Planning Commission shall approve and issue an
adult business permit if the application and evidence demonstrate compliance
with the following:
1) The adult-oriented business is located in an approved zoning district
in compliance with the zoning, location, and development standards
of Chapter 17.59 of this Code. The distance limitations contained in
Section 17.59.030 (B) are inapplicable if an approved residential use
place of worship, educational institution, park, premises selling
alcoholic beverages or another adult-oriented business locates or
seeks permission to locate within the prescribed distance of a
proposed adult-oriented business after the application for the adult-
oriented business has been submitted.
2) The adult-oriented business is not located completely or partially
within any mobile structure or pushcart.
3) The adult-oriented business shall not stage any special events,
promotions, festivals, concerts or similar events which would
increase the demand for parking beyond the approved number of
spaces for the particular use.
4) The adult-oriented business shall not conduct any massage,
acupuncture, tattooing, acupressure, fortune-telling or escort services
on the premises.
Ordinance No. 597
Page 22
5) The adult-oriented business provides a security system that visually
records and monitors all parking lot areas and all areas accessible to
the public. All indoor areas of the adult-oriented business shall be
open to public view at all times with the exception of restroom
facilities and dressing rooms. "Accessible to the public" shall include
but not be limited to those areas which are only accessible to
members of the public who pay a fee and/or join a private club or
organization.
6) The adult-oriented business complies with the City's sign
regulations.
7) The adult-oriented business complies with the development and
design requirements of the zone in which it is to be located for the
specific underlying use.
8) The adult-oriented business shall not display any sexually oriented
material or sexually oriented merchandise which would be visible
from any location outside the adult-oriented business.
9) The adult-oriented business shall not allow admittance to any person
under the age of eighteen (18) if no liquor is served, or under the age
of twenty-one (21) if liquor is served.
10) The adult-oriented business shall not operate between the hours of
one a.m. (1:00 am) and eight a.m. (8:00 am) Monday through
Saturday and one a.m. (1:00 am) and 12:00 noon on Sunday.
11) Neither the applicant, if an individual, nor any of the officers or
general partners, if a corporation or partnership, of the adult-oriented
business have been found guilty within the past five (5) years of a
misdemeanor classified by the state as a sex-related offense or felony
and have not violated any of the provisions of an adult-oriented
business permit or similar permit or license in any City, County,
Territory or State.
12) Individual viewing areas shall be operated and maintained without
any hole or other opening or means of direct communication or
visual or physical access between the interior space of two or more
individual viewing areas.
13) No individual viewing area may be occupied by more than one
person at any one time.
14) The interior of the adult-oriented business is configured such that
there is an unobstructed view of every area accessible to the public,
including but not limited to, the interior of all individual viewing
areas, from a manager's station which is no larger than thirty-two
Ordinance No. 597
Page 23
(32) square feet of floor area with no single dimension being greater
than eight (8) feet in a public portion of the establishment. No public
area, including but not limited to, the interior of any individual
viewing area, shall be obscured by any door, curtain, wall, two-way
mirror or other device which would prohibit a person from seeing
into the interior of the individual viewing area from the manager's
station. A manager shall be stationed in the manager's station at all
times the business is in operation or open to the public in order to
enforce all rules and regulations. No individual viewing area shall be
designed or operated to permit occupancy of more than one person at
a time. To the extent this provision is inconsistent with any other
provision of this code regulating the interior arrangement of adult-
oriented businesses this provision shall control.
15) All areas of the adult-oriented business shall be illuminated at a
minimum of two (2) foot-candles, evenly distributed at ground level.
16) No adult-oriented business, new or existing may maintain closed
areas, booths, cubicles, rooms, individual viewing areas or other
areas, within its place of business, which could be used, designed or
furnished for private sexual activity. No nudity or sexual activities
by customers or others shall be allowed on the premises. This
section shall become effective immediately with no amortization.
17) The adult-oriented business complies with the noise element of the
general plan or any applicable specific plan, interior and exterior
noise standards and any mitigation measures necessary to reduce the
project's noise impacts to the City's articulated noise standard,
including the regulation in Chapter 9.28.
18) No entertainment, as that term is defined in Section 5.36.020 of this
Code, shall be permitted without first obtaining a permit pursuant to
Chapter 5.36 of this Code.
19) No building, premises, structure, or other facility shall be permitted
to contain more than one type of adult-oriented business, as such
types of adult-oriented business are defined in Section 9.53.020. For
the purposes of this section, the catchall phrase "adult-oriented
business" shall not be considered a single type of adult-oriented
business.
20) Permanent barriers shall be installed and maintained to screen the
interior of the premises from public view for each door used as an
entrance/exit to the business. No exterior door or window shall be
propped or kept open at any time during hours of operation; any
exterior windows shall be covered with opaque covering at all times. �,.
Ordinance No. 597
Page 24
21) The premises shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainers' use.
22) The permittee shall provide an entrance/exit to the premises for
entertainers which are separate from the entrance/exit used by
patrons.
23) No owner or other person with managerial control over an adult-
oriented business shall permit any person on the premises of the
adult-oriented business to engage in a live showing of the human
male or female genitals, pubic area or buttocks with less than a fully
opaque covering, and/or the female breasts with less than a fully
opaque covering over any part of the nipple or areola and/or covered
male genitals in a discernibly turgid state. This provision may not be
complied with by applying an opaque covering simulating the
appearance of the specific anatomical part required to be covered.
24) No operator, entertainer, employee or agent of an adult-oriented
business providing live entertainment shall permit to be performed,
offer to perform or perform sexual intercourse, oral or anal
copulation, fondling or physical stimulation of either clothed or
unclothed human genitals, pubic regions, buttocks or female breasts
with any patron.
25) No operator, entertainer or employee or agent of an adult-oriented
business shall permit any patron to touch, caress, or fondle the
clothed or unclothed breast, buttocks, anus or genitals of any
operator, entertainer, employee or agent of an adult-oriented
business providing live entertainment nor permit any entertainer,
operator, employee or agent to touch, caress or fondle the clothed or
unclothed breasts, buttocks, anus, genitals of any patron.
26) All on stage performances require a stage of at least eighteen (18)
inches above the level of the floor, which is separated by a distance
of at least six (6) feet from the nearest area occupied by patrons, and
no patron shall be permitted within six (6) feet of the stage while the
stage is occupied by an entertainer. This subsection shall not apply to
individual viewing areas where the stage is completely separated
from the viewing area, floor to ceiling, by plexiglass or other clear
permanent barrier.
27) As to off stage performances, no entertainer shall perform live
entertainment characterized by the exposure of specified anatomical
parts or engaging in specified sexual activities off stage as these
terms are defined at Section 9.53.020 of this Code. As to an adult
cabaret dancer or entertainer performing off stage, a distance of at
least two (2) feet shall be maintained between the entertainer and
Ordinance No. 597
Page 25
patron(s) at all times. As to off stage performances, no entertainer ..
shall have physical contact with any patron and no patron shall have
physical contact with any adult cabaret dancer while the adult
cabaret dancer is performing on the premises. This prohibition does
not extend to incidental touching.
28) While on the premises, no entertainer or adult cabaret dancer shall
have physical contact with a patron and no patron shall have physical
contact with an entertainer or adult cabaret dancer, which physical
contact involves the touching of the clothed or unclothed genitals,
pubic area, buttocks, cleft of the buttocks, perineum, anal region, or
female breast with any part or area of any other person's body either
before, after, or during any entertainment by such entertainer or adult
cabaret dancer. Patrons shall be advised of the no -touching
requirements by signs and, if necessary, by owners, employees,
entertainers or adult cabaret dancers of the establishment.
29) No patron, guest or invitee shall directly pay or give any gratuity to
any entertainer and no entertainer shall accept direct payment or
gratuity from any patron.
30) The place of entertainment will provide separate restroom facilities
for male and female patrons. The restrooms will be free from
sexually oriented merchandise or sexually oriented material as those
terms are defined in section 9.53.020 of this Code.
31) Every operator, manager, authorized agent, or employee of an adult-
oriented business shall permit the police to inspect the business
activities at any time to assure compliance with these regulations.
32) No patron, guest or invitee shall be permitted to photograph, video,
or otherwise record sounds or images without the express written
consent of every individual recorded.
9.53.060 Permit Duration
An adult-oriented business permit shall be valid for a period of one (1) year from the date
of issuance.
9.53.070 Permit Renewal
An adult-oriented business permit shall be renewed on a yearly basis, provided that the
permittee and the adult-oriented business continue to meet the requirements set forth in
this chapter.
A request for permit renewal must be accompanied by a completed adult-oriented
business permit application. If said application conforms to the previously approved
Ordinance No. 597
Page 26
application and the adult-oriented business has not changed, the permit shall be renewed
by the Planning Director for another year.
Any change or alteration in that nature or operation of the adult-oriented business will
require the renewal to be reviewed by the Planning Commission at a public hearing. The
renewal fee for an adult-oriented business permit shall be established by ordinance or
resolution of the City Council.
9.53.080 Permits Non -Transferable; Use Specific
No adult-oriented business permit may be sold, transferred, or assigned by any permittee
or by operation of law, to any other person, group, partnership, corporation or any other
entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment
shall be deemed to constitute a voluntary surrender of the permit and the permit shall be
thereafter null and void. An adult-oriented business permit held by a corporation or
partnership is subject to the same rules of transferability as contained above. Any change
in the nature or composition of the adult-oriented business from one element of an adult-
oriented business to another element of an adult-oriented business or any increase of ten
percent (10%) or more of the floor area of the adult-oriented business shall also render
the permit null and void. An adult-oriented business permit shall only be valid for the
exact location specified on the permit. No off-site presentations of entertainment as
defined in Section 5.36.020 shall be permitted.
9.53.090 Enforcement and Revocation
A. Inspections. The permittee shall permit officers of the City, the County of Los
Angeles, and each of their authorized representatives to conduct unscheduled
inspections of the premises of the adult-oriented business for the purpose of
ensuring compliance with the law at any time the adult-oriented business is
open for business or occupied.
B. Revocation Grounds. The Planning Commission may revoke an adult-oriented
business permit when he or she discovers that any of the following have
occurred.
i. A violation of or failure to comply with any of the requirements
contained in Chapter 9.53 or 17.59 has occurred;
ii. It is discovered that the application contains incorrect, false or
misleading information or it is discovered that the applicant provided
incorrect, false, or misleading information to an officer of the City or
County;
iii. The applicant or permittee is convicted of any felony, or misdemeanor
which is classified as a sex or sex-related offense, or has been found to
be in violation of the City's zoning ordinance, any violation of the
City's massage ordinance, or any violation of any other applicable
adult business ordinance of the City, County or State;
Ordinance No. 597
Page 27
iv. Any person has been convicted of a sex-related offense as a result of
his or her activity on the premises of the adult-oriented business;
v. There has occurred on the premises a violation of any provision of
Chapter 5.36.
C. Revocation Notice. Upon determining that the grounds for permit revocation
exist, the Planning Director shall furnish written notice of the proposed
revocation to the permittee. Such notice shall summarize the principal reasons
for the proposed revocation, shall state that the permittee may appeal the
decision within fifteen (15) calendar days of the posting or the postmarked
date on the notice. The notice shall be delivered both by posting the notice at
the location of the adult-oriented business and by sending the same, certified
mail, return receipt requested and postage pre -paid, to the permittee as that
name and address appears on the permit. Not later than fifteen (15) calendar
days after the latter of the mailing or posting of the notice, the permittee may
file an appeal of the Planning Director's determination with the City Clerk. If
the appeal is filed within fifteen (15) calendar days of the mailing or posting
of the notice referenced above, the appeal hearing shall be provided as
contained in subsection D below.
D. Appeal. Any person aggrieved by a decision to revoke a permit under this
Chapter may file an appeal with the City Clerk within fifteen (15) calendar
days of the decision. The request for the appeal shall state the grounds upon
which the appeal is based. Upon receipt, the City Clerk shall schedule an
appeal hearing before the City Council or an appointed hearing officer and
shall provide written notice of the time, date and location of the hearing to the
applicant. The hearing shall be held no later than forty-five (45) days from
the date the request for the appeal is received by the City Clerk. The City
Council shall determine whether grounds for revocation of the adult-oriented
business permit exists and shall render its decision at the conclusion of the
hearing or upon recommendation of the hearing, unless the applicant
otherwise consents to a continuance. A written decision will be issued within
twenty (20) business days. In the event a determination is made to revoke the
permit, a order of revocation will be issued with the written decision.
E. Reapplication After Revocation. No person, corporation, partnership or
member thereof or any other entity may obtain an adult-oriented business
permit for two (2) years from the date the order of revocation has been
implemented.
9.53.100 Violation
Any establishment operated, conducted or maintained contrary to the provisions of this
Chapter is unlawful and a public nuisance, and may be abated pursuant to Section
Ordinance No. 597
Page 28
1.12.040, and further constitutes a misdemeanor subject to the provisions of Section
1.12.010.
9.53.110 Alternative
In the event any prohibition set forth above in this Chapter, is held by any court of
jurisdiction to be invalid or unenforceable, then such prohibition shall be severed from
the Chapter, the remainder of which will remain in full force and effect."
SECTION 3. The City Council hereby adds section 17.08.412 to read in its entirety as follows:
1117.08.412 Places of worship
"Places of worship" means any facilities operated by religious organizations for worship,
or the promotion of religious activities, including churches, mosques, synagogues,
temples, etc., and religious schools; and accessory uses (e.g. convent, monastery, nursery,
and parsonage) on the same site, including living quarters for ministers and staff, and
child day care facilities where authorized by the same type of land use permit required for
the religious facility itself. Other establishments maintained by the religious
organization, including full-time educational institutions hospitals, and other potentially
related operations (e.g., a recreational camp) are classified according to their respective
land use activities."
,,W—. SECTION 4. The City Council hereby adds section 17.08.418 to read in its entirety as follows:
"17.08.418 Parks
"Parks" includes any public parks, play lots, playgrounds, and non-professional /
noncommercial athletic fields, including park and playground equipment, accessory
structures, and facilities."
SECTION 5. The City Council hereby amends section 17.59.010 to read in its entirety as
follows:
"17.59.010 Findings.
The City Council finds that the following uses are subject to such close overview as to
location, operation, regulations, harmony with other uses, hours and other matters as to
make necessary special zoning for such uses:
A. Adult-oriented businesses;
B. Entertainment businesses;
C. Massage parlors;
D. Gasoline stations;
E. Motion picture theaters."
SECTION 6. The City Council hereby amends section 17.59.020 to read in its entirety as
follows:
Ordinance No. 597
Page 29
"17.59.020 Adult-oriented businesses --Findings.
The City Council finds and determines that the planning and building departments of this
city (and those of other cities) have indicated that the present controls relating to the
appropriate zoning of adult-oriented businesses are inadequate to meet special conditions
relating to such uses, including problems relating to litter, traffic, parking, hours of
operation, noise, congestion, public nuisance, depreciation of property values, proximity
to incompatible uses, appropriate concentration and dispersal of such activities and other
matters relating to public health, safety and welfare and the police power of this city; that
it is appropriate to amend the zoning code regulations for such uses, and to abate
nonconforming uses."
SECTION 7. The City Council hereby adds section 17.59.025 to read in its entirety as follows:
"17.59.025 Adult-oriented businesses - Definitions.
The words and phrases used in this chapter shall be governed by the definitions contained
in Chapter 9.53 of the Municipal Code or Chapter 17.08 of the Zoning Code."
SECTION 8. The City Council hereby amends section 17.59.030 to read in its entirety as
follows:
"17.59.030 Adult-oriented businesses — Location and special restrictions.
A. An adult-oriented business shall only be permitted in the following zones:
1) Heavy Manufacturing (designated by the acronym "M2"); and
2) Quarry (designated by the acronym "Q")
B. An adult-oriented business shall not be permitted within one thousand (1000)
feet of the following locations:
1) A place of worship;
2) An educational institution;
3) A residentially zoned property or any legal non -conforming residential
uses;
4) A public park;
5) Premises with on-site or off-site retail sales of alcoholic beverages; or
6) Another adult-oriented business.
C. Any other sexually oriented business whether an adult-oriented business or
not shall be similarly regulated and restricted, under the authority of the U.S.
Supreme Court cases of Young v. American Mini -theatres and Renton v.
Playtime.
D. The distance of separation, required by paragraph B of this section, shall be
made using a straight line, without regard to intervening structures or objects,
from the property line of the lot on which the adult-oriented business shall be
located to the nearest property line of the lot upon which is located a
residential use, place of worship, educational institution, park, premises
selling alcoholic beverages or another adult-oriented business.
Ordinance No. 597
Page 30
E. Permit Required. Adult-oriented businesses shall obtain a permit in
compliance with all applicable requirements of Chapter 9.53 of the Municipal
Code which is incorporated herein by reference.
SECTION 9. The City Council hereby adds section 17.59.035 to read in its entirety as follows:
1117.59.035 Development Standards.
A. Adult-oriented businesses shall comply with the City's parking standards for
the underlying use. Where no objective City parking standards exist for a
particular underlying use, parking shall be provided at a ratio of one space for
every 1.5 occupants based upon the maximum occupancy approved by the Los
Angeles County Fire Department.
B. Adult-oriented business shall also comply with the requirements of the
Irwindale Municipal Code, Chapter 9.53."
SECTION 10. The City Council hereby amends section 17.59.050 to read in its entirety as
follows:
"17.59.050 Nonconforming uses.
In the event there exists on the date of enactment hereof any use which qualifies as a pre-
existing nonconforming use, then such use may either:
A. Be summarily abated as a public nuisance if after a due process hearing the
city council so determines; or
B. Be amortized over a useful life of twelve months from date of notice, and then
abated as a violation of this code."
SECTION 11. Except as expressly modified pursuant to this Ordinance, the remaining
provisions of Chapter 17.59 shall remain unmodified and in full force and effect.
SECTION 12. The Deputy City Clerk shall certify to the passage of this ordinance and cause the
same to be posted in the manner provided by law.
Ordinance No. 597
Page 31
PASSED, APPROVED, and ADOPTED, this 7th day of February 2006.
�L
6Vilian A. Miranda, Mayor
ATTEST:
i da J. Kimro, MC
Deputy City C e
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 597 was duly introduced at a regular meeting of the Irwindale City
Council held on the 17th day of January 2006, and was duly approved and adopted on second
reading at its regular meeting held on the 7th day of February 2006, by the following vote of the
Council:
AYES: Councilmembers: Breceda, Fuentes, Tapia, Ortiz, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
AFFIDAVIT OF POSTING
i r �
i`
Lind J. imbro C
Deputy�City Cler
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 597 adopted by the City Council of the City of
AIrwindale at its regular meeting held February 7, 2006, to be posted at the City Hall, Library, and Post O.KiOffice on February 8, 2006.
..r
Li a mbro C Dated: February 8, 2006
puty City Clem
Ordinance No. 597
Page 32