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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 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 7 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 �p Y q Y �p > 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; Ordinance No. 597 Page 11 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