HomeMy WebLinkAbout1997-06-10 - AGENDA REPORTS - ADULT BUSINESS (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Jeffrev Lambert
UNFINISHED BUSINESS
DATE: June 10, 1997
SUBJECT: APPROVING ORDINANCE NO. 97-1 AND NO. 97-9 AMENDING THE
REGULATIONS AND STANDARDS OF THE UNIFIED DEVELOPMENT
CODE AND SANTA CLARITA MUNICIPAL CODE REGARDING ADULT
BUSINESSES, TATTOO PARLORS, AND PAWN SHOPS.
ORDINANCE 97-1
ORDINANCE 97-9
DEPARTMENT: Community Development
BACKGROUND
At the meeting of May 27, 1997 the City Council formally approved Ordinance No's 97-1 and 97-9,
amending the regulations.and standards of the Unified Development Code and Santa Clarita
Municipal Code regarding adult businesses, tattoo parlors, and pawn shops. Both ordinances were
introduced on that date and Council passed it on to second reading.
RECOMMENDATION
City Council waive further reading and approve Ordinance No's. 97-1 and 97-9.
ATTACHMENTS
Ordinance 97-1
Ordinance 97-9
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Adapted: (v - 107 17 Agenda ten10-1
ORDINANCE NO. 97-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA PROVIDING REGULATIONS FOR ADULT USES ADDING SECTION
17.17.050, "ADULT BUSINESS REGULATIONS," TO THE SANTA CLARITA UNIFIED
DEVELOPMENT CODE AND AMENDING THE SANTA CLARITA MUNICIPAL CODE TO
ADD CHAPTER 11.70 (ADULT BUSINESS LICENSE) OF TITLE 11 (PUBLIC PEACE AND
WELFARE)
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS
FOLLOWS:
WHEREAS, it is the purpose and intent of this Ordinance to provide for the reasonable
and uniform regulation of adult businesses in the City of Santa Clarita. It is recognized that
adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in
which they are located. It is therefore the control of adult businesses which will protect the
public health, safety, and welfare, preserve locally recognized values of community appearance,
minimize the potential for nuisances relAted to the operation of adult businesses, and maintain
local property values; and
WHEREAS, it is the purpose and intent of this Ordinance to establish proper regulations
and to provide for a reasonable number of appropriately located sites for adult businesses within
the City of Santa Clarita, based upon the following findings:
(a) The following studies that substantiate the adverse, secondary effects of adult
businesses were reviewed by the City of Santa Clarita:
Los Angeles, California: 1977
Phoenix, Arizona: 1979
Indianapolis, Indiana: 1984
Austin, Texas: 1986
St. Paul, Minnesota: 1989
Garden Grove, California: 1991
Upland, California: 1992
Santa Maria, California: 1993
(b) Based on the foregoing studies and the other evidence presented, the City Council
of the City of Santa Clarita finds that:
(1) Adult businesses are linked to increases in the crime rates of those areas
in which they are located and that surround them; and,
(2) Both the proximity of adult businesses to sensitive land uses and the
concentration of adult businesses tend to result in the blighting and
downgrading of the areas in which they are located.
(c) The studies conducted in various communities in other jurisdictions have
demonstrated that the proximity and concentration of adult businesses adjacent
to residential zones and areas, schools, parks and recreational uses, religious
uses, etc., or other adult businesses can cause other businesses and residents to
move elsewhere.
(d) The studies conducted in various communities in other jurisdictions have
demonstrated that adult businesses are linked to increases in the crime rates and
blighting of those areas in which they are located and that surround them.
(e) The special regulation of adult businesses is necessary to ensure that their
adverse secondary effects will not contribute to an increase in the crime rates or
the blighting or downgrading of the areas ' in which they are located or
surrounding areas. The need for special regulation is based on the recognition
that adult businesses have serious objectionable operational characteristics,
particularly when several of them are concentrated under certain circumstances
or located in proximity with sensitive uses such as residential zones and areas,
schools, parks and recreational uses, religious uses, etc., thereby having a
deleterious effect upon the adjacent areas.
(f) It is the purpose and intent of these special regulations to prevent the
concentration or location of adult businesses in a manner that would create such
adverse secondary effects. Thus, in order to protect and preserve the public
health, safety, and welfare of the citizenry, especially including minors, the
special regulation of the time, place, and manner of the location and operation of
adult businesses is necessary.
(g) The protection and preservation of the public health, safety, and welfare require
that certain distances be maintained between adult businesses and residential
zones and areas, schools, parks, and recreational uses, religious uses, etc., and
other adult businesses.
(h) The need to regulate the proximity of adult businesses to sensitive land uses such
as residential zones and areas, schools, parks and recreational uses, religious
uses, etc., and other adult businesses is documented in studies. conducted by
other jurisdictions as listed elsewhere in this Section.
(i) The report of the State of Minnesota Attorney General's Working Group on the
Regulation of Adult Businesses dated June 6, 1986, indicates that:
(1) Community impacts of adult businesses are primarily a function
of two variables, proximity to residential areas and concentration.
Property values are directly affected within a small radius,
typically one block, of the location of a sexually oriented business.
Concentration may compound depression of property values and
may lead to an increase of crime sufficient to change the quality of
life and perceived desirability of property in a neighborhood; and,
(2) The impacts of adult businesses are exacerbated when they are
located near each other. When adult businesses have multiple
uses (i.e. theater, bookstore, nude dancing, peep booth), one
building can have the impact of several separate businesses.
(j) In consideration of the findings of the report of the State of Minnesota Attorney
General's Working Group on the Regulation of Adult Businesses dated June 6,
1986, it is appropriate to prohibit the concentration of multiple adult. businesses
within one building in order to mitigate the compounded adverse secondary
effects associated with such concentrations as described above.
(k) The provisions of this Ordinance have neither the purpose nor effect of imposing
a limitation or restriction on the content of any communicative materials,
including sexually -oriented materials, that are protected by the First Amendment
of the United States Constitution and the relevant provisions of the California
State Constitution; and
WHEREAS, the City Council finds that this Ordinance, in addition to the general police
power authority of cities to enact measures to promote the health, safety, peace, and welfare
of its residents, is adopted in accordance with Government Code Section 65850(g). The City
Council finds that the authority to adopt this Ordinance pursuant to Government Code Section
65850(g) is independent of the City's police powers to regulate adult businesses and that the
City Council would have adopted this Ordinance, and each Section, paragraph, subsection,
sentence, or phrase or part thereof, irrespective of any express authority provided by
Government Code Section 65850(g); and
WHEREAS, the City of Santa Clarita (the City") adopted, by reference, the Los Angeles
County (the "County") Title 5 Business Licenses Code and desires to enter into an agreement
subsequent to the General Services Agreement with the County for the purpose of having the
County administer a City of Santa Clarita Adult Business License; and
WHEREAS, based upon the testimony and other evidence, if any, received, at the public
hearing, and upon studies and investigations made by the Planning Commission and the City
Council on their behalf, the City Council further finds and determines that this Ordinance is
consistent with the General Plan and complies with all other applicable requirements of State
law and local ordinance.
The City Council finds that this Ordinance will serve to implement the goals and policies
of the City of Santa Clarita General Plan. Specifically, the General Plan seeks to ensure that
new development is sensitive to surrounding residential uses and that development occurs in
a way that supports a well-balanced, functional mix of uses. The Adult Business Ordinance
accomplishes these objectives through the inclusion of distance requirements between a
proposed adult use and a sensitive land use such as a school, church, or park. The Adult
Business Ordinance restricts the location ofadult businesses to designated commercial and
industrial areas of the City in order to preserve the quality of residential neighborhoods. The
General Plan also promotes a diversified local economic base consisting of a balanced mix of
manufacturing, commercial, retail, cultural, and entertainment uses in order to broaden and
stabilize the.City's economic base. The Adult Business Ordinance requires a separation between
one or more adult uses in order to preserve the integrity of commercial and industrial areas
within the City. The proposed Adult Business Ordinance creates a special use permit and
specific licensing procedures for Adult Businesses; and.
WHEREAS, the Planning Commission and City Council in recommending the adoption
of and adopting the Negative Declaration of Environmental Impact under the provisions of the
California Environmental Quality Act, specifically finds that the adoption of this Ordinance will
have a deminimis impact on fish and.wildlife resources. The Planning Commission and City
Council specifically find that in considering the record as a whole, the project and including the
adoption of this Ordinance involves no potential adverse effect, either individually or
cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code.
This is based on the fact that this Ordinance adds additional regulations on the development
of adult businesses designed to reduce the secondary effects of such businesses on the
community and the environment. Furthermore, the Planning Commission and City Council find
that an initial study has been. prepared by the City staff, considered by the Planning
Commission, and the City Council, which has been the basis to evaluate the potential for
adverse impact on the environment and forms the basis for the Planning Commission's and City
Council's determination, including the information contained in the public hearing records, on
which a Negative Declaration of Environmental Impact was issued and this deminimis finding
is made. In addition, the Planning Commission and City Council find that there is no evidence
before the City that the proposed project, i.e., this Ordinance, will have any potential for an
adverse effect on wildlife resources, or the habitat on which the wildlife depends. Finally, the
Planning Commission and City Council find that the City has, on the basis of substantial
evidence, rebutted the presumption of adverse effect contained in 14 California Code of
Regulations 735.5(d)
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as follows:
SECTION 1. Paragraph (2) entitled "Adult Businesses" contained in Chapter 17.13.050
(General Commercial Uses) of the Santa Clarita Unified Development Code is hereby amended
to read as follow:
CC BP IC
2. Adult Businesses P' P' P'
'Subject to the Adult Business Ordinance in Chapter
17.17.050.
SECTION 2. (Definitions) Chapter 17.07 of the Santa Clarita Unified Development Code
is hereby amended to add the following definitions:
ADULT MOTEL means a hotel, motel, or similar commercial establishment
which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed circuit television transmissions or other
medium, films, motion pictures, video cassettes, slides, or other
photographic reproduction which are characterized or distinguished by
the depiction or description of `specified sexual activities' or `specified
anatomical areas' and has a sign visible from the public right of way
which advertises the availability of this adult type of photographic
reproduction; or,
2. Offers or advertises a sleeping room for rent for a period of time that is
less than ten (10) hours in a twenty -four (24) hour period; or,
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3. Allows a tenant or occupant of a sleeping room to sub -rent the room for
a period of time that is less than ten (10) hours in a twenty-four (24) hour
period.
ADULT TANNING SALON shall mean a business establishment where patrons
receive tanning services in groups of two (2) or more and where patron,
employees, or independent contractors thereof of the establishment expose
specified anatomical areas. `Adult Tanning Salon' or `Parlor' shall also include a
business establishment where a patron and an employee or independent
contractor thereof of the establishment are nude or expose `specified anatomical
areas.' An `adult tanning salon' or `parlor' shall also include a business
establishment where the employees or independent contractors thereof are nude
or expose `specified anatomical areas:
ADULT NOVELTY STORE is an establishment having, as a substantial portion
of its stock -in -trade, a majority of its floor area, or a majority of its revenue
derived from goods which are replicas of, or which simulate, 'specified anatomical
areas,' or'specified sexual activities,' or goods which are designed to be placed on
or in `specified anatomical areas,' or to be used in conjunction with 'specified
sexual activities,' to cause sexual excitement, including, but not limited to: dildos,
auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls,
inflatable orifices, anatomical balloons with orifices,. simulated and battery
operated vaginas.
ESCORT shall mean a person who, for any form of consideration or gratuity,
agrees or offers to act as a companion, guide, or date for another person, or who
agrees or offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY shall mean a person or business association who furnishes,
offers to furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
EMPLOYEE shall mean a person who works or performs in and/or for an adult
business, regardless of whether or not said person is paid a salary, wage or other
compensation by the operator of said business and regardless of technical status
as employee or independent contractor.
FIGURE MODELING STUDIO shall mean any establishment or business which
provides for members of the public, the services of a live human model for the
purpose of reproducing the human body, wholly or partially in the nude, by
means of photograph, painting, sketching, drawing, or other pictorial form.
INDIVIDUAL VIEWING AREA shall mean a viewing area designed for
occupancy by one person. No private viewing areas shall be.established,
maintained, or authorized, and there shall be no doors, curtains, stalls, or other
enclosures creating a private viewing area.
JUICE BAR is an establishment that features nude entertainment but serves no
alcoholic beverages.
MASSAGE PARLOR shall mean any place where, for any form of consideration
or gratuity, massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment manipulation of the human body
which occurs as a part of or in connection with "Specified Sexual Activities", or
where any person providing such treatment, manipulation, or service related
thereto, exposes "Specified Anatomical Areas". The definition of "Adult Business"
regarding the "practice of massage" does not apply to any licensed physician,
surgeon, chiropractor or osteopath office, nor by any nurse or technician working
under the supervision of a licensed physician, surgeon, chiropractor or osteopath,
nor by trainers for any amateur, semiprofessional or professional athlete or
athletic team or school athletic program.
NUDE OR STATE OF NUDITY shall mean the appearance of human bare
buttock, anus, male genitals, female genitals, or the areola or nipple of the female
breast.
OPERATOR shall mean and include the owner, permit holder, custodian,
manager, operator or person in charge of any permitted or licensed premises.
PERM MD OR LICENSED PREMISES shall mean any premises that requires
a licence and/or permit and that is classified as an adult business.
PRIVATE VIEWING AREA means an area or areas in an adult business designed
to accommodate no more than five (5) patrons or customers for purposes of
viewing or watching a performance, picture, show, film, videotape, slide, movie,
or other presentation. No private viewing areas shall be established, maintained,
or authorized, and there shall be no doors, curtains, stalls, or other enclosures
creating a private viewing area.
PUBLIC BUILDING shall mean any building owned, leased or held by the United
States, the state, the county, the City, any special district, school district, or any
other agency or political subdivision of the state or the United States, which
building is used for governmental purposes.
PUBLIC PARK or RECREATION AREA shall mean public land which has been
designated for park, recreational, or art activities including but not limited to a
park, playground, nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, pedestrianibicycle paths, open space, wilderness
areas, or similar public land within the City which is under the control,
operation, or management of the City Department of Parks, Recreation, or
Homeowner's Association.
RELIGIOUS INST=ION shall mean any church, synagogue, mosque, temple,
or building which is used primarily for religious worship and related religious
activities.
RESIDENTIAL ZONE or RESIDENTIAL USE shall mean property which is
zoned or approved for or used as a residential use and/or a single family house,
duplex, townhouse, multiple family dwelling(s), or mobile home park or
subdivision, and campground, recreational trailer park, or travel trailer park.
REGULAR AND SUBSTANTIAL COURSE OF CONDUCT shall mean:
1. Devoting more than 15 percent of total display area to the display of sex-
oriented merchandise or sex-oriented material; or
2. Presenting any type of live entertainment characterized by an emphasis
on specified sexual activities or specified anatomical areas, or performers,
models or employees appearing in public in lingerie on any ten or more
separate or consecutive days within any thirty day period; or
3. Deriving at least fifty percent (50%) of gross receipts from 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 activities or specked anatomical areas.
SEMI-NUDE MODEL STUDIO shall mean any place where a person, who
appears semi-nude or displays "Specified Anatomical Areas" is provided for
money or any form of consideration to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons.
SEX-ORIENTED MATERIAL shall mean any sex-oriented merchandise, or any
book, periodical magazine, photograph, drawing, sculpture, motion picture film,
video tape recording, or other visual representation which is distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas.
SEX-ORIENTED MERCHANDISE shall mean but not limited to dildos, auto
sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls,
inflatable orifices, anatomical balloons with orifices, simulated and battery
operated vaginas.
SHERIFF shall mean the Sheriff of the County of Los Angeles, or the Sheriffs
designated representative.
HOOL shall mean any public or private educational facility including but not
limited to child day care facilities, nursery schools, youth instructional schools,
pre-schools, kindergartens, elementary schools, primary schools, intermediate
schools, junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools, junior colleges,
and universities. School includes the school grounds, but does not include the
facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE shall mean a.stage of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breast, as well as portions
of the body covered by supporting straps or devices.
SPECIFIED CRIMINAL ACTS shall mean acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another adult business
including but not limited to distribution of obscenity or material harmful to
minors, prostitution or pandering.
SUBSTANTIAL ENLARGEMENT OF AN ADULT BUSINESS shall mean an
increase in the floor areas occupied by the business by more than 15% as the floor
areas exist on effective date of this ordinance.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS shall
mean and include any of the following:
1. The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal device which
transfers ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of a person possessing
the ownership or control.
WAITER OR WAITRESS is a man or woman who waits on tables.
SECTION 3. DIVISION 2 (ZONING) of the Santa Clarita Unified Development Code is
hereby amended to add Chapter 17.17.050 to read as follows:
17.17.050 ADULT BUSINESS REGULATIONS
1. PURPOSE
It is the purpose and intent of this Section (17.17.050) to regulate adult businesses in
order to promote the health, safety, morals, and general welfare of the citizens of the
City and to establish reasonable and uniform regulations to prevent any deleterious
location and concentration of adult businesses within the City, thereby reducing or
eliminating the adverse secondary effects from such adult businesses. The provisions
of the Section (17.17.050) have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the.intent nor effect of this Section (17.17.050) to restrict
or deny access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor effect of the Section
(17.17.050) to condone or legitimize the distribution of obscene material or material
harmful to minors.
2. APPLICABILITY
A. Adult businesses shall only be permitted to be operate in the Community
Commercial (CC) zone, Industrial Commercial (IC) zone, or Business Park (BP) zone, and
shall be subject to all the regulations and provisions in this Code. The provisions of
adult businesses shall be applied to the following:
1.
Adult Motion Picture Arcade
8.
Adult Motion Picture Theater
2.
Adult Bookstore
9.
Massage Parlor
3.
Adult Novelty Store
10.
Sexual Encounter Establishment
4.
Figure Modeling Studio
11.
Escort Agency
5.
Adult Cabaret
12.
Semi -Nude Model Studio
6.
Adult Motel
13.
Juice Bar
7.
Adult Tanning Salon
3. PRE-EXISTING LEGAL USE
A. Any adult business lawfully operating before the effective date of this ordinance
or lawfully operating before annexation in the.City of Santa Clarita that is in
violation of this Code shall be deemed a pre-existing legal use. A pre-existing
legal use shall be permitted to.continue to operate provided that the pre-existing
legal uses does not change in ownership, size, or is altered or modified in any
way. Any pre-existing legal adult business that changes in ownership, size, or is
altered or modified in any way shall be subject to all the provisions of this Code.
In addition, any pre-existing legal adult business that ceases operation for a
period of thirty (30) days or more shall be subject to all the provisions of this
Code.
B. An adult business lawfully operating as a conforming use is not rendered a non-
conforming use by the location, subsequent to the grant or renewal of an Adult
Business Use Permit and/or an Adult Business License, of a church, school, public
park, public building, residential zone, or residential lot within 1000 feet of the
adult business. This provision applies only to the renewal of a valid permit and.
license and does not apply when an application for a permit and license is
submitted after a permit and license has expired or has been revoked.
4. LOCATIONAL AND DISTANCE REQUIREMENTS
A. No person shall cause or permit the operation of any adult business within 1000
feet of another adult business, within 1000 feet of any religious institution,
school, public park, public building, or within 1000 feet of any property zoned or
approved for residential use or used for residential purposes.
B. Distance between any two adult businesses shall be measured in a straight line,
without regard to intervening structures, from the nearest property line to the
nearest property line of each business. The distance between any. adult business
and any religious institution, school, public park, public building, or any
properties zoned for residential use or used for residential purposes shall also be
measured in a straight line, without regard to intervening structures or objects
from the nearest property line of the premises where the adult business is
conducted, to the nearest property line of the premises of a religious institution,
school, or public park or public building or the nearest boundary of an affected
residential zone or residential lot.
5. ADULT BUSINESS USE PERMIT APPLICATION
A. In order to operate an adult business within the City, the applicant or proprietor
of the business must obtain the Adult Business License required by Section
(17.17.050) and an Adult Business Use Permit as required herein. It shall be
unlawful and a misdemeanor, subject to punishment in accordance with Section
(17.17.050) of this Code, for an owner, operator, manager, employee, or
independent contractor to operate an adult business without possessing an Adult
Business Use Permit required by this Code. In order for the application to be
deemed or determined complete, the applicant shall pay the filing fee for an
Adult Business Use Permit. All applicants for such a permit, in addition to any
application or documents required to be filed pursuant to the provisions of this
Section (17.17.050), shall file a written, signed, and verified application on a form
provided by the Department of Community Development. The completed
application shall contain the following information and shall be accompanied by
the following documents:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and
any aliases and submit satisfactory proof that he/she is eighteen
(18) years of age.
b. A partnership, the partnership shall state its complete name, and
the names of all partners, whether the partnership is general or
limited, and a copy of the partnership agreement, if any.
c. A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good
standing under the laws of California, the names and capacity of
all officers, directors and principal stockholders and the name of
the registered corporate agent and the address of the registered
office for service of process.
2. The applicant's mailing addresses and residential address.
3. Location and address including legal description of the proposed adult
business.
4. A recent photograph of the applicant(s).
5. The applicant's driver's license number, Social Security Number, and or
his/her state or federally issued tax identification number.
6. Ten legible blueline (folded to approximately 8" x 12") copies (using an
engineer's scale of 1"-20') of the floor plan showing the configuration of the
premises, including a statement of total floor space occupied by the
business.
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Twenty straight-line, legible blueline (folded to approximately 8" x 12")
copies of the site plan prepared within thirty (30) days prior to application
by a California registered land surveyor depicting the property lines and
the structures containing any established existing uses regulated by
Section (17.17.050) of this Code within one thousand (1000) feet of the
property to be certified; the property lines of any established religious
institution, school, or public park or recreation area within one thousand
(1000) feet of the property to be certified; and the property lines of any
residentially zoned area or residential property within one thousand
(1000) feet of the property to be certified. For purposes of this subsection,
a use shall be considered existing or established if it is in existence at the
time an application is submitted.
8. Two copies of each of the following:
a. Land Use map (1000' radius)
(1) Draw at a scale of 1 inch to 100 feet;
(2) Indicate the applicant's property (with dimension); all
surrounding property within the radius (measured from
the exterior boundaries of the subject property); all streets,
highways, alley, rights-of-way, current lot lines; and all
tract lot and house numbers;
(3) Indicate existing uses (house, apartment, store, vacant,
etc.) on all lots, parcels and portions thereof within the
radius; and
(4) Distinguish the applicant's property from surrounding
property.
b. Property ownership map (1000' radius)
(1) Draw at a scale of 1 inch to 200 feet;
(2) Indicate the applicant's property (with dimension); all
surrounding property within the radius (measured from
the exterior boundaries of the subject property); all streets,
highways, alley, rights-of-way, current lot lines; and all
tract lot and house numbers;
(3) Indicate ownership of property within the radius (number
lots to correspond to the property owners list described
below); and
(4) Distinguish the applicant's property from surrounding
property.
lil
C. Property proximity map (8 1/2 x 11) indicating surrounding
property within a radius of 300 feet and 2500 feet from the
exterior boundaries of the subject property.
9. Prepare a complete list of names and mailing addresses of the current
owners of each parcel or lot within, or partially within, a 1000' radius of
the subject property. This information must be as it appears on the latest
available assessment roll of the L.A. County Assessor, and shall be
certified as true and correct. Each name shall be assigned a number on
the list indicating corresponding numbers on the parcels or lots on the
"Ownership Map." In addition a "Certified Property Owners List
Affidavit" shall be submitted to verify completeness and accuracy of the
names and addresses. An inaccurate or incomplete list shall constitute
cause for removal of the case from the agenda or necessitate a rehearing
of the case after proper noticing of affected property owners.
10. One complete set of mailing labels for all of the property owners within
a 1000' radius of the exterior boundaries of the subject property, including
the following:
(a) Name and address of the property owner(s).
(b) Name and address of the manager of any mobilehome park, or
portion thereof, within a 1000' radius of the property. Such label
shall include the letters "MHP" apart from the address so that
such notices contain a request to post the notice in a public area
or within the park; and
(c) One set of blank envelopes, with the correct amount of postage on
each envelope, sufficient to complete one mailing of notices.
Notices .will be mailed by the Department of Community
Development.
11. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the
entertainment.
12. Proposed hours of operation.
13. The name or names of the person or persons having responsibility for the
management or supervision of the applicant's business and of any
entertainment.
14. Whether the applicant or any other individual- listed pursuant to this
Section (17.17.050) holds any other permits and/or licenses under or other
similar adult business ordinance from another city or county and, if so,
the names and locations of such other permitted businesses.
15. Whether the applicant or any of the other individuals listed pursuant to
12
this Section (17.17.050) has had a previous permit under this Ordinance
or other similar ordinances from another city or county denied, suspended
or revoked, including the name and location of the adult business for
which the permit was denied, suspended or revoked, as well as the date
of the denial, suspension or revocation, and whether the applicant or any
other individuals listed pursuant to this Section has been a partner in a
partnership or an officer, director or principal stockholder of a corporation
that is permitted under this Section (17.17.050) whose permit has
previously been denied, suspended or revoked, including the name and
location of the adult business for which the permit was denied, suspended
or revoked as well as the date of denial, suspension or revocation.
16. Whether the applicant or any of the other individuals listed on the
application has within the last five (5) years, immediately preceding the
date of the application, has been convicted of a specified, criminal act or
tax violation, and, if so, the specified criminal act or tax violation
involved, the date of conviction and the place of conviction.
17. The applicant shall be required to pay a nonrefundable application fee as
specified in the schedule of fees at the time of filing an application under
this Section (17.17.050).
18. One official set of the applicant(s) fingerprints (obtained from Los Angeles
County Sheriffs Office). The Department of Community Development
shall submit/send the fingerprints to the State Department of Justice for
a Criminal History Background Check within 72 hours of receiving the
fingerprints from the applicant(s). The application shall not be deemed
complete until the City has received fingerprints from the applicant. If
the City does not receive the background check from the Justice
Department within 60 days, this requirement will be waived, but does not
exempt the applicant from subsequent revocation or suspension if all
requirements are not met.
19. The applicant shall be required to display an on-site sign containing
information about the proposed project and the public hearing. Design
requirements can be obtained in the Community Development
Department. The on-site sign must be posted 21 days prior to the public
hearing.
B. Applicants for a permit under this Section shall have a continuing duty to
promptly supplement application information required by this Section in the
event that said information changes in any way from what is stated on the
application. The failure to comply with said continuing duty within thirty (30)
days from the date of such change, by supplementing the application on file with
the Director. of Community Development shall be grounds for suspension of a
permit.
C. In the event that the Director of Community Development determines or learns
13
at any time that the applicant has improperly completed the application for a
proposed adult business, they shall notify the applicant of such fact within 30
days and allow the applicant ten (10) days to properly complete the application.
(The time period for granting or denying a permit shall be stayed during the
period in which the applicant is allowed an opportunity to properly complete the
application.)
D. Prior to obtaining any permit to operate any adult business defined in this
Section (17.17.050), and as part of any application for a permit under this
Section, the applicant shall obtain from the Community Development Office a
written letter signed by the Director of Community of Development that the
proposed location of such business complies with the locational requirements of
this Section (17.17.050).
E. By applying for a permit under this Section (17.17.050), the applicant shall be
deemed to have consented to the provisions of this Section (17.17.050) of the
Unified Development Code, and to the Los Angeles County Sheriffs Office and
all other City agencies charged with enforcing the laws, ordinances, and code
applicable in the City of their respective responsibilities.
F. The applicant(s) shall receive a dated, signed and written letter from the Director
of Community Development when the application is deemed complete.
6. TIMELINE FOR LAND USE REVIEW AND DECISIONS CONCERNING
ADULT BUSINESS USE PERMIT
A. The Planning Commission shall approve or disapprove the completed Adult
Business Use Permit application within sixty (60) days of its acceptance as
complete by the Director of Community Development, unless extended upon the
written consent of the Community Development Director and the applicant.
B. Within sixty (60) days of receipt of the completed application by the Director of
Community Development, the Planning Commission shall conduct a noticed
hearing on the application for an Adult Business Use Permit and shall approve
the application if the application meets the requirements of this Code and shall
deny the application if any of the findings set forth in this Code cannot be
fulfilled. The Planning Commission shall issue its decision during the public
hearing. If the Planning Commission fails to approve or deny the application
within the sixty (60) days, or any extension thereof, of the receipt of the
completed application, the application shall be deemed approved by the Planning
Commission entitling the applicant to engage in the proposed use, subject to the
remaining provisions of this Code.
C. In the event the information requested pursuant to the Unified Development
Code is not available prior to the granting of the permit, the Planning
Commission shall, if the application otherwise meets the requirements of this
Code, issue the permit. Should information later obtained pursuant to this Code
materially vary from that contained in the application, such variance shall be
cause to revoke the permit. Any permit issued prior to the City receiving the
14
information required shall state clearlyon its face that the Adult Business Use
Permit is subject to suspension or revocation pursuant to the provisions of this
Code and all other applicable laws and ordinances, including revocation and
suspension provisions hereof.
PLANNING COMMISSION FINDINGS REQUIRING APPLICATION
APPROVAL
A. The Planning Commission, or City Council on appeal, shall approve the
application for an Adult Business Use Permit unless it is unable to make
one or more of the following findings:
(1) That all applicable fees have been paid.
(2) That the applicant or the applicant's spouse is not overdue in
payment to the City of any fees, fines, or. penalties assessed
against or imposed in relation to an existing or former adult
business.
(3) That the building, structure, equipment, and location used by the
business for which an Adult Business Use Permit is required
complies with the requirements and standards of the health,
building, zoning, fire, and safety laws of the State of California,
the Los Angeles County Fire Department, and the City of Santa
Clarita.
(4) That the conduct of the adult business as proposed by the
applicant, if permitted, will comply with all applicable laws;
including but not limited to, the City's building, zoning, fire, and
health and safety regulations.
(5) That the applicant is eighteen (18) years of age or older.
(6) That the use is permitted in the zone, district, or area in which it
is proposed to be located and is in conformity with the applicable
development standards of that zone, district, or area --including
the provision of required parking.
(7) That the use is in conformity with the locational criteria set forth
in this Code.
(8) That the design of the site and the proposed improvements are in
compliance with all applicable design provisions of this Code.
(9) That the proposed conduct of the adult business is in compliance
with all applicable performance standards of this Code.
(10) That the applicant, partnership, or corporation has not knowingly
made any false, misleading, or fraudulent statement of material
15
fact in the application for an Adult Business Use Permit, or in any
report or record required to be filed with the City or County.
(11) That on the date that the business for which a permit is required
herein commences, or thereafter, there will be a responsible
person on the premises to act as manager at all times during
which the adult business is open.
(12) That an applicant has not been convicted of a'Specific Criminal
Act' for which:
(a) Less than two (2) years have elapsed since the date of
conviction or the date of release from confinement, which
ever is the later date, if the conviction is of a misdemeanor
offense for the 'Specific Criminal Acts' which are sexual
crimes against children; sexual abuse; rape; or crimes
connected with another adult business including, but not
limited to, distribution of obscenity; distribution, display,
or sale of material harmful to minors; prostitution; or
pandering.
(b) Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement, which
ever is the later date, if the conviction is of a felony offense;
for the 'Specified Criminal Acts' which are sexual crimes
against children; sexual abuse; rape; or crimes connected
with another adult business including, but not limited to,
distribution of obscenity; distribution, display, or sale of
material harmful to minors; prostitution; or pandering.
(c) Less than five (5) years have elapsed since the date of
conviction or the date of release from confinement, which
ever is the later date, if the convictions are of two (2) or
more misdemeanors for the'Specified Criminal Acts' which
are sexual crimes against children; sexual abuse; rape; or
crimes connected with another adult business including,
but not limited to, distribution of obscenity; distribution,
display, or sale of material harmful to minors; prostitution;
or pandering; conviction of any such offense occurring
within twenty-four (24) months prior to application.
(d) The fact that a conviction is being appealed shall have no
effect on disqualification of the applicant.
(e) An applicant who has been convicted of any of the above
described 'Specified Criminal Acts' may qualify to own,
operate, or manage an adult business only when the
required time period has elapsed.
I&I
B. In the event the Planning Commission, or. the City Council on appeal,
denies an Adult Business Use Permit application, the business, if
operating, shall cease its operations as anAdult Business Use Permit and
no further activities regulated by this Code shall be conducted on the
premises unless and until an Adult Business Use Permit and a required
Adult Business License is obtained.
8. APPEALS TO THE CITY COUNCIL
A. If an Adult Business Use Permit is denied, by the Planning Commission, the
applicant shall have. fifteen (15) days from the date of the hearing in which to
appeal the decision to the City Council. An appeal shall be requested by a typed
letter and required appeal fee to the Community Development Department. If
appealed, notice of the hearing before the City Council shall be mailed (envelopes,
stamps, mailing labels of all property owners within a 1000' foot radius of the
subject property shall be supplied by the applicant) and published in the City's
official newspaper and the hearing shall be held at the earliest possible date
authorized by law, but in no event later than sixty (60) days from the date of the
Planning Commission's action to deny the application. The City Council shall act
on the appeal during the City Council public hearing. If the City Council does not
act on the appeal within the sixty (60) days,. the application shall be deemed
approved and the applicant shall be entitled to engage in the proposed use
subject to the remaining provisions of the Unified Development Code and all
other applicable laws and City ordinances or regulations.
9. PERFORMANCE/DEVELOPMENT STANDARDS
A. The establishment of an adult business shall comply with the applicable site
development standards of the Unified Development Code including the following:
(1) The building entrance shall be clearly and legibly posted with a notice
indicating that minors are precluded from entering the premises.
(2) A manager shall be on -duty at all times during operating hours.
(3) No exterior doors or windows on the premises shall be open at any time
and any exterior windows shall be covered with opaque covering.
(4) If the adult business is the sole use on the lot no landscaping shall exceed
thirty inches in height, except trees with foliage not less than six (6) feet
above the ground.
(5) The exterior grounds, including the parking lot, shall be sufficiently
lighted to the satisfaction of the Director of Community Development
during all hours of operation to allow all areas to be visible at all times.
In addition all exterior lighting shall remain on for at least thirty (30)
minutes after the closing time of the adult business to promote safety for
employees thereof. All exterior grounds shall be maintained in a clean
and orderly manner free of trash, debris, and weeds.
17
(6) No advertising sign, billboard, or structure, advertisement, display, or
other promotional material depicting `specified anatomical areas' or
`specified sexual activities' or displaying instruments, devices, or
paraphernalia designed for use in connection with `specific sexual
activities,' shall be shown or exhibited so as to be visible from any exterior
area.
(7) No special events, promotions, concerts, or similar activities which are
likely to increase parking demand shall be permitted.
(8) All areas of the adult business shall be illuminated at a minimum of the
following foot-candles, minimally maintained and evenly distributed at
ground level:
Area
Adult Bookstores
Adult Theaters and cabarets
Adult Arcades
Adult Motels/Hotels
Modeling studios
Other adult businesses
Foot Candles
R
5 (except during
performances, at which times
lighting shall be at least 1.25
foot-candles)
10
20 (in public areas)
20
20
(9) The Adult Business Use Permit and Adult Business License required by
the ordinance shall be posted at the front interior entrance and shall be
kept valid/current at all times.
(10) The proposed site is adequate in size and shape to accommodate the
required yards, fences, walls, parking and loading facilities, landscaping,
and other development features prescribed within the Unified
Development Code.
(11) No partitions between subdivisions of a room, portion, or part of a
building, structure, or premises, including restrooms may have an
aperture, hole, slit, or other opening or gap which is designed or otherwise
constructed to encourage, permit, or allow sexual activity between
persons on either side of the partition.
(12) The maximum occupancy load, fire exits, fire lanes, and fire suppression
equipment shall be regulated, designed, and provided in accordance with
the regulations and standards of the Los Angeles County Fire Department
IN
and the City's Building Department.
(13) Any adult business in which live entertainment is performed shall have
such performances only conducted on a stage or on a platform that is
raised eighteen. inches (18") and which has a rail which does not allow
patrons to be any closer to the performers than six feet (6'). Said rail
shall be at least forty-two inches (42") in height and shall be installed
around the perimeter of the stage or platform.
(14) Any viewing room shall be directly visible from the manager's station of
the adult business, and visibility of the entire viewing room from the
manager's station shall be neither obscured nor obstructed by any curtain,
door, wall, or other structure.
(15) No adult business, excepting an adult motel, shall operate between the
hours of 11:00 p.m. and 10:00 a.m.. No owner, operator, manager,
employee, or independent contractor of an adult business, except an adult
motel, regardless of whether or not a permit has been issued for said
business under the provisions of this Code, shall allow such business to
remain open for business, or no owner, operator, manager, or employee
of an adult business shall permit any employee or independent contractor
to engage in a performance, solicit a performance, make a sale, solicit a
sale, provide a service, or solicit a service between the hours of 11:00 p.m.
and 10:00 a.m..
(16) Off-street parking shall be provided for the adult business on-site and as
specified in the Unified Development Code and as follows:
(a) Adult Theater, Adult Cabaret, Adult Motion Theater, or Adult
Arcade. One parking space shall be provided for every two (2)
seats in a viewing room, or one parking space shall be provided for
every two (2) occupants per the allowable occupant load as
established by the City's Building Official and/or Fire Marshal,
which ever standard is greater. In addition, one parking space
shall be provided for each employee or independent contractor on
the maximum shift
(17) Any person who operates or causes to be operated an adult business,
other than an adult motel, which exhibits on the premises in a private
viewing area or individual viewing area of less than one -hundred -fifty
square feet (150 sq. ft.) of floor space, a film, video cassette, or other video
reproduction which depicts `specified sexual activities' or `specified
anatomical areas,' shall comply with the following requirements:
(a) Upon application for an Adult Business Use Permit, the
application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one or more
manager's stations, the location of all overhead lighting fixtures,
and designating any portion of the premises in which patrons shall
19
not be permitted. A manager's station(s) shall not exceed thirty-
two feet (32 sq. ft.) of floor area.
(b) No alteration in the configuration or location of a manager's
station shall be made without the prior written approval of the
Director of Community Development.
(c) It is the duty of the permit holder to ensure that at least one
employee is on duty and situated at each manager's station at all
times that any patron is present inside the premises.
(d) The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of
every area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms shall not contain
video reproduction and/or monitoring equipment. If the premises
has two (2) or more manager's stations designed, then the interior
of the premises shall be configured in such a manner that there is
an unobstructed view of each area of the premises to which any
patron is permitted access for any purpose from at least one of the
manager's stations. The view required in this subsection shall be
by direct line of sight from the manager's station.
(e) It shall be the duty of the permit holder and any employees or
independent contractors present on the premises to insure that
the view area specified in subsection (D) above remains
unobstructed by any doors, walls, merchandise, display racks, or
other materials at all times and to insure that no patron is
permitted access to any area of the premises which has been
designed as an area in which patrons shall not be permitted in the
application filed pursuant to this Chapter.
(18) For adult businesses which exceed an occupant load of one -
hundred twenty five (125) persons or 5,000 square feet, the
provision of on-site security personnel shall be required during all
business hours pursuant to a plan to be reviewed and approved for
adequacy by the Planning Commission and designated head of the
law enforcement entity providing law enforcement services to the
City. Security personnel shall be licensed in accordance with the
California Business and Professions Code, to the satisfaction of the
designated head of the entity providing law enforcement services
to the City.
(19) Adult Motion Picture Theater/Adult Arcade
(a) A manager's station shall be located near the main
entrance and the station shall be provided with an
unobstructed view of all motion picture or arcade viewing
areas.
(b) No adult motion picture theater or adult arcade shall be
maintained or operated unless the complete interior of the
adult motion picture theater or adult arcade is visible upon
entrance to such premises. No partially or fully enclosed
booths shall be maintained.
(c) Maximum Number of Devices. No person shall operate an
adult motion picture theater or adult arcade in which the
number of image producing devices exceeds the maximum
occupancy load permitted in any room or partitioned
portion of a room of a room in which an image producing
device is located.
(20) Adult Hotel/Motel
(a) Evidence that a sleeping room in a hotel, motel, or a
similar commercial establishment has been rented or sub -
rented and vacated two (2) or more times in a period of
time that is less than ten (10) hours within a twenty-four
(24) hour period on a recurring basis creates a rebuttable
presumption that the establishment is an adult hotel/motel
as that term is defined in this Section (17.17.050).
(b) A person is in violation of the provision of this Code if such
person rents or sub -rents a sleeping room at a location
without an Adult Business License and an Adult Business
Use Permit to a person or persons and within ten (10)
hours thereafter rents or sub -rents the same room to
another person(s), or sub -rents the same room to the prior
renter.
(21) No loud speaker or sound equipment audible to persons in any
public exterior area shall be used in connection with an adult
business, and the business shall be so conducted that sounds
associated with the business are not emitted into any public area.
All adult businesses shall be subject to providing sufficient sound -
absorbing insulation if required by the Director of Community
Development, or Planning Commission, or City Council.
(22) No person shall display in any public newsrack, vending machine,
or other display device any material which is defined by California
Penal Code 313 as harmful to minors, including but not limited to
material displaying to the public view photographs or pictorial
representations of the commission of any of the following acts:
sodomy, oral copulation, sexual intercourse, masturbation,
bestiality or an exposed penis in an erect and turgid state, unless
such material is:
21
(a) Displayed in an area from which minors are excluded, or
(b) distributed from a machine only accessible through tokens
that may be obtained after reasonable measures to
ascertain that the person is 18 years or older.
(23) No person shall operate more than one adult business under a
single roof.
(24) I.D. will be checked for appropriate age (18 years or older) before
any customer is allowed in the adult business.
(10) COUCH DANCING/STRADDLE DANCING AND OTHER SEXUAL AND
RELATED ACTIVITIES ARE PROHIBITED For purposes of this Section, `couch
dancing' or straddle dancing' shall be defined as an employee or independent
contractor of the adult business intentionally touching any patron or coming
within six feet (6) of any patron while engaged in the display or exposure of any
`specified anatomical area,' or while simulating any `specified sexual activity.'
(a) No person shall operate or cause to be operated an adult business,
regardless of whether or not a permit has been.issued under this Code,
knowingly, or with reason to know, permitting, suffering, or allowing any
employee or independent contractor:
(1) To engage in a couch dance or straddle dance with a patron at the
business;
(2) To contract or otherwise agree with a patron to engage in a couch
dance or straddle dance with a person at the business;
(3) To intentionally touch any patron at an adult business while
engaged in the display or exposure of an 'specified anatomical
area' or engaged in or simulating a'specified sexual activity.'
(4) To voluntarily be within six (6) feet of any patron while engaged
in the display or exposure of any 'specified anatomical area' or
engaged in or simulating a'specified sexual activity.'
(5) To violate any provision of Section (17.17.050) of this Code.
(b) No employee or independent contractor of an adult business, regardless
of whether or not a permit has been issued for said business under this
Section of the Code, shall:
(1) Engage in a couch dance or straddle dance with a patron at the
business.
(2) Contract or otherwise agree to engage in a couch dance or straddle
dance with a patron at the business.
22
(3) Engage in the display or exposure of any `specified anatomical
area' or engage in or simulate a `specified sexual activity' while
intentionally touching a patron at the adult business.
(4) Engage in the display or exposure of any `specified anatomical
area' or engage in or simulate a `specified sexual activity' closer
than six (6) feet from any patron.
(5) Engage in a performance, solicit a performance, make a sale,
solicit a sale, provide a service, or solicit a service between the
hours of 11:00 p.m. and 10:00 a.m.
(6) Violate any provision of this Section (17.17.050) of this Code.
(c) No person at any adult business, regardless of whether or not said
business is permitted under this Code, shall intentionally touch an
employee or independent contractor who is displaying or exposing any
`specified anatomical area' or engaging in or simulating a `specified sexual
activity' at the adult business.
(d) No person at any adult business, regardless of whether or not said
business is permitted under this Code, shall engage in a couch dance or
straddle dance with an employee or independent contractor at the
business who is displaying or exposing any `specified anatomical area' or
engaging in or simulating a `specified sexual activity.'
(f) No waiter(s) or waitress(es) at an adult business, regardless of whether
or not a permit has been issued for said business under that Section, shall
appear on the premises in the nude, semi-nude, or display or expose
'specified anatomical areas.'
11. INSPECTION
A. An applicant or permittee shall permit representatives of the Code Enforcement
Office, the County Health, and the Fire Department to inspect the premises of
an adult business for the purpose of insuring compliance with the law, at any
time it is occupied or open for business.
12. SUSPENSION OF PERMIT
A. The Director of Community Development shall suspend a permit for a period not
to exceed thirty (30) days if he/she determines that a permittee, or an employee
of a permittee, has:
(1) Violated or is not in compliance with any section of this Code; or
(2) Engaged in the excessive use of alcoholic beverages while on the adult
business premises; or
23
(3) Refused to allow an inspection of an adult business premises as
authorized by this Code; or
(4) Operated the adult business in violation of a building, fire health, or
zoning statue; code ordinance or regulation, whether federal, state or
local, said determination being based on investigation by the division,
department or agency charged with enforcing said rules or laws. In the
event of such statute, code, ordinance or regulation violation, the City
shall promptly notify the permittee of the violation and shall allow the
permittee a seven (7) day period in which to correct the violation. If the
permittee fails to correct the violation before the expiration of the seven
(7) day period, the City shall forthwith suspend the permit and shall
notify the permittee of the suspension; or
(5) Operated the adult business in violation of the hours of operation Section
(17.17.050); or
(6) Allowed minors (under 18 years old) to enter the adult business.
B. The suspension shall remain in effect until the violation of the statute, code,
ordinance or regulation in question has been corrected.
13. REVOCATION OF PERMIT
A. The Director of Community Development shall revoke a permit if a cause of
suspension in this Code occurs two or more times within a twelve (12) month
period.
B. The Director of Community Development shall revoke a permit upon determining
that:
(1) A permittee gave false or misleading information in the material
submitted during the application process that tended to enhance the
applicant's opportunity for obtain a permit; or
(2) A permittee or an employee has knowing allowed possession, use or sale
of controlled substances on the premises; or
(3) A permittee or an employee has knowingly allowed prostitution on the
premises; or
(4) A permittee or an employee knowingly operated the adult business during
a period of time when the permitteds permit was suspended; or
(5) A permittee has been convicted of a "Specified Criminal Act" for which the
time period required in this Section (17.17.050) has not elapsed; or
(6) On two or more occasions within a twelve (12) month period, a person or
persons committed an offense, occurring in or on the permitted premises,
24
constituting a specified criminal act for which a conviction has been
obtained, and the person or persons were employees of the adult business
at the time the offenses were committed. The fact that a conviction is
being appealed shall have no effect on the revocation of the permit; or
(7) Apermittee is convicted of tax violations related to an Adult Business; or
(8) A Permittee or an Employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or any other Specified
Sexual Activities to occur in or on the permitted premises; or
(9) Operating more than one Adult Business under a single roof, or
(10) A Permittee does not comply with any applicable requirements of this
code; or
(11) Knowingly permitted gambling by any person on the Adult Business
Premises.
C. When the Director of Community Development revokes a permit, the revocation
shall continue for one (1) year and the Permittee shall not be issued an Adult
Business Use Permit for one (1) year from the date revocation became effective.
If, subsequent to revocation, the Director of Community Development finds that
the basis for revocation under this Code has been corrected, the applicant shall
be granted a permit if at least ninety (90) days have elapsed since the date
revocation became effective. If the permit was revoked under this Code, an
applicant may not be granted another permit until the number of years required
under this .Code has elapsed.
14. ANNUAL COMPLIANCE LETTER
A. The Permittee shall submit an annual compliance letter (stating that adult
business is in compliance with all applicable codes) to the Community
Development Department no less than 30 days prior to the original approval
date.
If the Permittee does not submit an annual compliance letter before the
required 30 days, the adult business shall cease occupancy until the
compliance letter is submitted to the Community Development
Department.
2. The Director of Community Development shall respond to the annual
compliance letter within 10 days of receiving the letter.
SECTION 8. The Santa Clarita Municipal Code is hereby amended to add Chapter 11.70
of Title 11 (Public Peace and Welfare) to read as follows:
CHAPTER 11.70
25
ADULT BUSINESS LICENSES
Sections:
11.70.010
Intent.
11.70.020
Definitions.
11.70.030
Applicability.
11.70.040
License Application Process.
11.70.050
License Standards.
11.70.060
License Requirements; General.
11.70.070
License Requirements; Adult Motion Picture Arcades.
11.70.080
License Requirements; Live Entertainment.
11.70.090
Expiration of License.
11.70.100
License Transferability.
11.70.110
Suspension of License.
11.70.120
Revocation of License.
11.70.130
Appeals to the City Council.
11.70:140
Pre:existing Legal Use.
11.70.150
Fees.
11.70.010 Intent, It is the intent of this chapter to regulate adult businesses, to
promote the health, safety and general welfare of the citizens of the City of Santa Clarita and
to establish reasonable and uniform regulations to prevent the deleterious effects of adult
businesses from occurring within the City of Santa Clarita.
It is neither the intent nor the effect of this chapter to impose limitations or restrictions
on the content of any communicative material. Similarly, it is neither the intent nor the effect
of this chapter to restrict or deny access by adults to sex -oriented materials or to deny access
by the distributors or exhibitors of sex -oriented material to their intended market.
Nothing in this chapter is intended to authorize, legalize or license the establishment,
operation or maintenance of any business, building or use which violates any City ordinance or
any statute of the State of California regarding public nuisances, unlawful or indecent exposure,
sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display
thereof.
11.70.020. Definitions,
1. ADULT MOTEL means a hotel, motel, or similar commercial establishment
which:
a. Offers accommodations to the public for any form of consideration;
provides patrons with closed circuit television transmissions or other
medium, films, motion pictures, video cassettes, slides, or other
photographic reproduction which are characterized or distinguished by
the depiction or description of `specified sexual activities' or `specified
anatomical areas' and has a sign visible from the public right of way
which advertises the availability of this adult type of photographic
reproduction; or,
26
b. Offers or advertises a sleeping room for rent for a period of time that is
less than ten (10) hours in a twenty -four (24) hour period; or,
C. Allows a tenant or occupant of a sleeping room to sub -rent the room for
a period of time that is less than ten (10) hours in a twenty-four (24) hour
period.
2. ADULT TANNING SALON shall mean a business establishment where patrons
receive tanning services in groups of two (2) or more and where patron,
employees, or independent contractors thereof of the establishment expose
specified anatomical areas. `Adult Tanning Salon' or `Parlor' shall also include a
business establishment where a patron and an employee or independent
contractor thereof of the establishment are nude or expose 'specified anatomical
areas.' An 'adult tanning salon' or `parlor' shall also include a business
establishment where the employees or independent contractors thereof are nude
or expose `specified anatomical areas.'
3. ADULT NOVELTY STORE is an establishment having, as a substantial portion
of its stock -in -trade, a majority of its floor area, or a majority of its revenue
derived from goods which are replicas of, or which simulate, 'specified anatomical
areas,' or `specified sexual activities,' or goods which are designed to be placed on
or in 'specified anatomical areas,' or to be used in conjunction with 'specified
sexual activities,' to cause sexual excitement, including, but not limited to: dildos,
auto sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls,
inflatable orifices, anatomical balloons with orifices, simulated and battery
operated vaginas.
4. ADULT BUSINESS shall mean any business which, because minors are excluded
by virtue of their age as a prevailing business practice, is not customarily open
to the general public, including but not limited to, an adult arcade, adult
bookstore, adult theater, cabaret, love parlor, massage parlor, model studio, nude
studio, sexual catharsis center, sexual encounter shop, sexual novelty store or
any other similar use wherein the preponderant business is the offering of
services, materials and/or products which have as their dominant theme the
sexual arousal, sexual gratification and/or sexual stimulation of a customer.
This definition does not apply, nor shall be interpreted to apply, to any business
conducted, operated by or employing licensed chiropractors, licensed physicians,
licensed physical therapists, licensed psychologists, licensed social.workers or
licensed marriage and family counselors when performing functions under or
pursuant to the respective license held.
5. ADULT CABARET shall mean a nightclub, bar, theater, restaurant or similar
establishment which regularly features live performances which are
distinguished or characterized by an emphasis on specified sexual activities or by
exposure of specified anatomical areas and/or which regularly features films,
motion pictures, video cassettes, slides or other photographic reproductions which
are distinguished or characterized by. an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas for
27
observation by patrons.
6. ADULT MOTION PICTURE ARCADE shall mean any place to which the adult
public is permitted or invited where coin or slug operated or electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, or other image -producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting or
describing specified sexual activities or specified anatomical areas for observation
of patrons.
ADULT MOTION PICTURE THEATER shall mean an establishment, with the
capacity of 50 or more persons, where, for any form of consideration, films,
motion pictures, video cassettes, slides or similar photographic reproductions are
shown, and in which a substantial portion of the total presentation time is
devoted to the showing of material which is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified anatomical
areas for observation by patrons.
8. ADULT shall mean a person who is 18 years of age or older.
9. ADULT BOOKSTORE shall mean an establishment that devotes more that 15%
of the total floor area utilized for the display of books and periodicals to the
display and sale of the following: books, magazines, periodicals, or other printed
matter; or photographs, films, motion pictures, video cassettes, slides tapes,
records, or other forms of visual or audio representations which are characterized
by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical instruments, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
An adult bookstore does not include an establishment that sells books or
periodicals as an incidental or accessory part of its principal; stock -in -trade and
does not devote more than 15% of the total floor area of the establishment to the
sale of adult only books and periodicals.
10. BUSINESS shall mean and include any of the following:
a. The opening or commencement of any such business as a new business;
or
b. The conversion of an existing business, whether or not an adult business,
to any of the adult businesses defined in this chapter; or
C. The addition of any of the adult businesses defined in this code to any
other existing adult businesses; or
d. The relocation of any such adult business
11. ESCORT shall mean a person who, for any form of consideration or gratuity,
W.,
agrees or offers to act as a companion, guide, or date for another person, or who
agrees or offers to privately model lingerie or to privately perform a striptease
for another person.
12. ESCORT AGENCY shall mean a person or business association who furnishes,
offers to furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
13. EMPLOYEE shall mean a person who works or performs in and/or for a adult
business, regardless of whether or not said person is paid a salary, wage or other
compensation by the operator of said business and regardless of technical status
as employee or independent contractor. ,
14. FIGURE MODELING STUDIO shall mean any establishment or business which
provides for members of the public, the services of a live human model for the
purpose of reproducing the human body, wholly or partially in the nude, by
means of photograph, painting, sketching, drawing, or other pictorial form.
15. INDIVIDUAL VIEWING AREA shall mean a viewing area designed for
occupancy by one person. No private viewing areas shall be established,
maintained, or authorized, and there shall be no doors, curtains, stalls, or other
enclosures creating a private viewing area.
16. JUICE BAR is an establishment that features nude entertainment but serves no
alcoholic beverages.
17. LICENSEE shall mean a person in whose name a license to operate an adult
business has been issued, as well as the individual listed as an applicant on the
application for a license.
18. MASSAGE PARLOR shall mean any place where, for any form of consideration
or gratuity, massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment manipulation of the human body
which occurs as a part of or in connection with "Specified Sexual Activities", or
where any person providing such treatment, manipulation, or service related
thereto, exposes "Specified Anatomical Areas". The definition of "Adult Business"
shall not include the practice of massage in any licensed physician, surgeon,
chiropractor or osteopath, nor by any nurse or technician working under the
supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by
trainers for any amateur, semiprofessional or professional athlete or athletic
team or school athletic program.
19. MOTEL shall mean the same as "hotel".
20. NUDE OR STATE OF NUDITY shall mean the appearance of human bare
buttock, anus, male genitals, female genitals, or the areola or nipple of the female
breast.
21. OPERATOR shall mean and include the owner, permit holder, custodian,
manager, operator or person in charge of any Permitted or Licensed Premises.
22. PERMITTEE shall mean any person or owner to whom a permit is issued
pursuant to this code.
23. PERMITTED OR LICENSED PREMISES shall mean any premises that requires
a licence and/or permit and that is classified as an adult business.
24. PUBLIC BUILDING shall mean any building owned, leased or held by the United
States, the state, the county, the City; any special district, school district, or any
other agency or political subdivision of the state or the United States, which
building is used for governmental purposes.
25. PUBLIC PARK or RECREATION AREA shall mean public land which has been
designated for park, recreational, or art activities including but not limited to a
park, playground, nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, pedestriantbicycle paths, open space, wilderness
areas, or similar public land within the City which is under the control,
operation, or management of the City Department of Parks, Recreation, or
Homeowner's Association.
26. PRE-EXISTING LEGAL I JSE shall mean a use legal when established but which
does not conform to the provisions of the City of Santa Clarita's Unified
Development Code.
27. PRIVATE VIEWING AREA means an area or areas in an adult business designed
to accommodate no more than five (5) patrons or customers for purposes of
viewing or watching a performance, picture, show, film, videotape, slide, movie,
or other presentation. No private viewing areas shall be established, maintained,
or authorized, and there shall be no doors, curtains, stalls, or other enclosures
creating a private viewing area.
28. REGULAR AND SUBSTANTIAL COURSE OF CONDUCT shall mean:
a. Devoting more than 15 percent of total display area to the display of sex -
oriented merchandise or sex -oriented material; or
b. Presenting any type of live entertainment characterized by an emphasis
on specified sexual activities or specified anatomical areas, or performers,
models or employees appearing in public in lingerie on any ten or more
separate or consecutive days within any thirty day period; or
C. Deriving at least fifty percent (50%) of gross receipts from 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 activities or specified anatomical areas.
29. RELIGIOUS INSTITUTION shall mean any church, synagogue, mosque, temple,
or building which is used primarily for religious worship and related religious
CI
activities.
30. RESIDENTIAL ZONE or RESIDENTIAL USE shall mean property which is
zoned or approved for or used as a residential use and/or a single family house,
duplex, townhouse, multiple family dwelling(s), or mobile home park or
subdivision, and campground, recreational trailer park, or travel trailer park.
31. SPECIFIC ANATOMICAL AREAS
a. Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breasts below a point immediately above the top
of the areolae; or
b. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
32. SPECIFIED SEXUAL ACTIVITIES
a. The fondling or other touching of human genitals, pubic region, buttocks,
anus, or female breasts; or
b. Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy; or
C. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any of the activities
set forth in a through c above.
33. SEXUAL ENCOUNTER ESTABLISHMENT shall mean an establishment, other
than a hotel, motel, or similar establishment offering public accommodations,
which, for any form of consideration, provides a place where two or more persons
may congregate, associate, or consort in connection with specified sexual
activities or the exposure of specified anatomical area. This definition does not
include an establishment where a medical practitioner, psychologist, psychiatrist
or similar professional person licensed by the State of California engages in
sexual therapy. For the purposes of these regulations, sexual encounter
establishment shall include massage or rap parlor and other similar
establishments
34. SHALL shall mean mandatory; "may" will mean permissive.
35. SEMI-NUDE MODEL STUDIO shall mean any place where a person, who
appears Semi -Nude or displays "Specified Anatomical Areas" is provided for
money or any form of consideration to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by other persons.
36. SEX -ORIENTED MATERIAL shall mean any sex -oriented merchandise, or any
book, periodical magazine, photograph, drawing, sculpture, motion picture film,
31
video tape recording, or other visual representation which is distinguished or
characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas.
37. SEX -ORIENTED MERCHANDISE shall mean but not limited to dildo, auto
sucks, sexually oriented vibrators, edible underwear, pitlickers, benwa balls,
inflatable orifices, anatomical balloons with orifices, simulated and battery
operated vaginas.
38. SHERIFF shall mean the Sheriff of the County of Los Angeles, or the Sheriffs
designated representative.
39. SCHOOL shall mean any public or private educational facility including but not
limited to child day care facilities, nursery schools, youth instructional schools,
preschools, kindergartens, elementary schools, primary schools, intermediate
schools, junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools, junior colleges,
and universities. School includes the school grounds, but does not include the
facilities used primarily for another purpose and only incidentally as a school.
40. SEMI-NUDE shall mean a stage of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breast, as well as portions
of the body covered by supporting straps or devices.
41. SPECIFIED CRIMINAL ACTS shall mean acts which are sexual crimes against
children, sexual abuse, rape or crimes connected with another adult business
including but not limited to distribution of obscenity or material harmful to
minors, prostitution or pandering.
42. SUBSTANTIAL ENLARGEMENT OF AN ADULT BUSINESS shall mean an
increase in the floor areas occupied by the business by more than 15% as the floor
areas exist on effective date of this ordinance.
43. TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS shall
mean and include any of the following:
a. The sale, lease or sublease of the business; or
b. The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange or similar means; or
c. The establishment of a trust, gift or other similar legal device which
transfers ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of a person possessing
the ownership or control.
44. WAITER OR WAITRESS is a man or woman who waits on tables.
11.70.030. APPLICABILITY. The provisions of adult businesses shall be applied to
32
the following:
1. Adult Motion Picture Arcade
8.
Adult Motion Picture Theater
2. Adult Bookstore
9.
Massage Parlor
3. Adult Novelty Store
10.
Sexual Encounter Establishment
4. Figure Modeling Studio
11.
Escort Agency
5. Adult Cabaret
12.
Semi -Nude Model Studio
6. Adult Motel
13.
Juice Bar
7. Adult Tanning Salon
11.70.040. LICENSE APPLICATION PROCESS.
a. It shall be unlawful for any person or entity to operate, engage in, conduct or carry on
any adult business within the City of Santa Clarita unless the owner of said business
first obtains, and continues to maintain in full force and effect, an adult business license
issued by the City of Santa Clarita or its representative for the particular type of
business. A valid license must be in the possession of the applicant in advance of the
operation of an adult business.
b. The owner of the proposed adult business shall be the only person eligible to obtain an
adult business license.
C. The owner of the adult business shall be required to obtain an approved adult business
Use Permit with the City of Santa Clarita or its representative prior to obtaining an
adult business license.
d. The following information and items shall be submitted by the owner at the time of
applying for an adult business license:
1. A completed adult business license application form signed by the owner of the
proposed adult business, and either the record owner of the property, his or her
agent or, if the business premises are subleased to the applicant business, the
sublessor of the premises.
2. A site plan designating the building and/or unit proposed for the adult business
and a dimensional interior floor plan depicting how the business will comply with
all applicable requirements of this chapter.
3. A statement signed by the owner under penalty of perjury attesting to the truth
and accuracy of the application and the information submitted therewith.
4 The owner shall be 18 years or older.
5. Payment of the application fee as set by Resolution of the City Council,
6. A statement listing all criminal convictions or pleas of nolo contendere, except
those which have been expunged or sealed by Court Order, or authorized or
required to be kept confidential pursuant to Welfare and Institutions Code
Sections 600-900, and the disposition of all arrests of the applicant, individual,
33
or other entity subject to disclosure under this Chapter, for five (5) years prior to
the date of the application. This disclosure shall include identification of all
ordinance violations, except minor traffic offenses (any traffic offense designated
as a felony shall not be construed as a minor traffic offense), stating the date,
place, nature of each conviction or plea of nolo contendere, and sentence of each
conviction or other disposition; identifying the conviction jurisdiction, and
sentencing court providing court identifying case numbers or docket numbers.
7. Attached to the application form, two (2) color photographs of the applicant
clearly showing the individual's face, and the individual's fingerprints on a form
provided by the entity providing law enforcement services to the City. Any fees
for the photographs and fingerprints shall be paid by the applicant.
f. Notwithstanding the above, no application for an adult business license shall be accepted
or processed for any business that has had an adult business license revoked within the
preceding three (3) year period.
11.70.050 LICENSE STANDARDS.
a. The adult business license, within ninety calendar days of filing a complete license
application, shall be approved and issued if the standards and requirements of this
chapter have been met; otherwise, the license shall be denied. Notice of the approval or
denial of the license shall be given to the owner in writing by first class mail, postage
prepaid, deposited in the course of transmission with the United States Postal Service
within three (3) business days of the date of such decision. The times set forth in this
subsection shall not be extended except upon the written consent of the applicant.
b. The adult business license shall be approved and issued if the application and evidence
submitted show that:
1. The adult business will be located in a zone permitting adult businesses as a use,
or is considered to be a pre-existing legal use by the City's UDC; and
2. The adult business will meet all applicable building, fire, electrical, health and
plumbing regulations; and
3. The adult business will not be located, in whole or in part, within any portable
structure; and
4. The applicant, or the applicant's representatives, have not knowingly made any
false, misleading or fraudulent statement of material fact in the application.
5. The applicant has not been convicted of a `Specific Criminal Act' for which:
(a) Less than two (2) years have elapsed since the date of conviction or the
date of release from confinement, which ever is the later date, if the
conviction is of a misdemeanor offense for the `Specific Criminal Acts'
which are sexual crimes against children; sexual abuse; rape; or crimes
connected with another adult business including, but not limited to,
34
distribution of obscenity; distribution, display, or sale of material harmful
to minors; prostitution; or pandering.
(b) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement, which ever is the later date, if the
conviction is of a felony offense; for the `Specified Criminal Acts' which are
sexual crimes against children; sexual abuse; rape; or crimes connected
with another adult business including, but not limited to, distribution of
obscenity; distribution, display, or sale of material harmful to minors;
prostitution; or pandering.
(c) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement, which ever is the later date, if the
convictions are of two (2) or more misdemeanors for the `Specified
Criminal Acts' which are sexual crimes against children; sexual abuse;
rape; or crimes connected with another adult business including, but not
limited to, distribution of obscenity; distribution, display, or sale of
material harmful to minors; prostitution; or pandering; conviction of any
such offense occurring within twenty-four (24) months prior to
application.
(d) The fact that a conviction is being appealed shall have no effect on
disqualification of the applicant.
(e) An applicant who has been convicted of any of the above described
`Specified Criminal Acts' may qualify to own, operate, or manage
an adult business only when the required time period has elapsed.
11.70.060 LICENSE REQUIREMENTS: GENERAL.
a. For adult businesses which exceed an occupant load of one -hundred twenty five (125)
persons or 5,000 square feet, the provision of on-site security personnel shall berequired
during all business hours pursuant to a plan to be reviewed and approved for adequacy
by the Planning Commission and designated head of the law enforcement entity
providing law enforcement services to the City. Security personnel shall be licensed in
accordance with the California Business and Professions Code, to the satisfaction of the
designated head of the entity providing law enforcement services to the City.
b. Landscaping shall conform to the standards established for the zone, except that, if the
adult business is the sole us6 on a lot, no planting shall exceed thirty (30) inches in
height, except trees with foliage not less than six (6) feet above the ground.
C. The premises within which the adult business is located shall provide sufficient sound -
absorbing insulation so that noise generated inside said premises shall not be audible
anywhere on any adjacent property or public right-of-way or within any other building
or other separate space within the same building.
I No exterior door or window on the premises shall be propped or kept open at any time
35
while the business is open.
e. Permanent barriers shall be installed and maintained to screen the interior of the
premises from public view for each door used as an entrance or exit tothe business.
f. All indoor areas of the adult business within which patrons are permitted, except rest
rooms, shall be open to view at all times.
g. Except as specifically provided in this chapter, the adult business shall comply with the
parking, development and design standards established for the zone in which the
business is located.
h. No sex -oriented material or sex -oriented merchandise shall be displayed in such a
manner as to be visible from any location other than the premises occupied by the sex -
oriented business.
i. No person under the age of eighteen (18) years and no person obviously intoxicated shall
be permitted within the premises at any time. A sign giving notice of this provision shall
be prominently posted at each entrance to the premises of the adult business.
No adult business, excepting an adult motel, shall operate between the hours of 11:00
p.m. and 10:00 a.m.. No owner, operator, manager, employee, or independent contractor
of an adult business, except an adult motel, regardless of whether or not a permit has
been issued for said business under the provisions of this Code, shall allow such business
to remain open for business, or no owner, operator, manager, or employee of an adult
business shall permit any employee or independent contractor to engage in a
performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit
a service between the hours of 11:00 p.m. and 10:00 a.m..
k. The adult business shall provide and maintain separate rest room facilities for male
patrons and employees and female patrons and employees. Male patrons and employees
shall be prohibited from using the rest room(s) for females, and female patrons and
employees shall be prohibited from using the rest room(s) for males, except to carry out
duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms
shall be free from all sex -oriented materials and sex -oriented merchandise. Rest rooms
shall not contain television monitors or other motion picture or video projection,
recording or reproduction equipment. The foregoing provisions of this subsection shall
not be applicable to an adult business which deals exclusively with sale or rental of
merchandise which is not used or consumed on the premises, such as an adult bookstore,
and which does not provide rest room facilities to its patrons or the general public.
The building entrance shall be clearly and legibly posted with a notice indicating that
minors are precluded from entering the premises.
In. No advertising sign, billboard, or structure, advertisement, display, or other promotional
material depicting `specified anatomical areas' or `specified sexual activities' or
displaying instruments, devices, or paraphernalia designed for use in connection with
`specific sexual activities,' shall be shown or exhibited so as to be visible from any
exterior area.
36
n. A manager shall be on -duty at all times during operating hours.
o. No exterior doors or windows on the premises shall be open at any time and any exterior
windows shall be covered with opaque covering.
P. The exterior grounds, including the parking lot, shall be sufficiently lighted to the
satisfaction of the Director of Community Development duringallhours of operation to
allow all areas to be visible at all times. In addition all exterior lighting shall remain on
for at least thirty (30) minutes after the closing time of the adult business to promote
safety for employees thereof. All exterior grounds shall be maintained in a clean and
orderly manner free of trash, debris, and weeds.
q. No special events, promotions, concerts, or similar activities which are likely to increase
parking demand shall be permitted.
r. The Adult Business Use Permit and Adult Business License required by the ordinance
shall be posted at the front interior entrance and shall be kept valid/current at all times.
S. No partitions between subdivisions of a room, portion, or part of a building, structure,
or premises, including restrooms may have an aperture, hole, slit, or other opening or
gap which is designed or otherwise constructed to encourage, permit, or allow sexual
activity between persons on either side of the partition.
t. The maximum occupancy load, fire exits, fine lanes, and fire suppression equipment shall
be regulated, designed, and provided in accordance with the regulations and standards
of the City's Planning Department, Los Angeles County Fire Department and the City's
Building Department.
U. Any viewing room shall be directly visible from the manager's station of the adult
business, and visibility of the entire viewing room from the manager's station shall be
neither obscured nor obstructed by any curtain, door, wall, or other structure.
V. No person shall operate more than one adult business under a single roof.
W. All areas of the adult business shall be illuminated at a minimum of the following foot-
candles, minimally maintained and evenly distributed at ground level:
Area
Foot Candles
Adult Bookstores 20
Adult Theaters and cabarets 5 (except during
performances, at which times
lighting shall be at least 1.25
foot-candles)
Adult Arcades
37
10
Adult Motels/Hotels 20 (in public areas)
Modeling studios 20
Other adult businesses 20
X, I.D. will be checked for appropriate age (18 years or older) before any customer is
allowed in the adult business.
11.70.070 LICENSE REQUIREMENTS: ADULT MOTION PICTURE ARCADES,
Adult motion picture arcades which provide more than one viewing area shall conform to all the
requirements previously set forth in this chapter and shall also conform to the following
additional requirements:
a. Upon application for a adult business license, the application shall be accompanied by
a diagram of the premises showing a plan thereof specifying the location of one or more
manager's stations, specifying the location of all overhead lighting fixtures and
designating any portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor area. The diagram
shall also designate the place at which the adult business license will be conspicuously
posted. A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram shall be oriented to the north or
to some designated street or object and shall be drawn to a designated scale with marked
dimensions sufficient to show the various internal dimensions of all areas of the interior
of the premises to any accuracy of plus or minus six (6) inches.
b. Prior to any alteration in the configuration of the diagram, the owner shall submit a new
diagram.
c. It is the duty of the owner(s) to insure that at least one (1) employee is on duty and
situated at each manager's station at all times that any patron is present inside the
premises.
d. No individual viewing area may be occupied by more than one person at any one time.
11.70.080. LICENSE REQUIREMENTS: LIVE ENTERTAINMENT. Adult businesses
providing live entertainment depicting specified anatomical areas or involving specified sexual
activities shall conform to all the requirements previously set forth in this chapter and shall also
conform to the following additional requirements:
a. No person shall perform live entertainment for patrons of an adult business except upon
a stage 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 patrons
shall be permitted within six (6) feet of the stage while the stage is occupied by an
entertainer.
b. The adult business shall provide separate dressing room facilities for entertainers which
are exclusively dedicated to the entertainers' use.
C. The adult business shall provide an entrance or exit to the premises for entertainers
which is separate from the entrance or exit used by patrons.
d. No employee shall have physical contact with any patron and no patron shall have
physical contact with any entertainer while on the premises engaging in a performance.
e. Fixed rails at least forty-two (42) inches in height shall be maintained establishing the
separations between entertainers and patrons.
11.70.090. EXPIRATION OF LICENSE.
A. Each license shall expire one (1) year from the date of issuance and may be
renewed if the adult business is currently in full compliance with all of the
provisions of the Chapter, and including the following:
(1) A renewal application is completely and properly filled out;
(2) the application is signed and approved by the Director of Community
Development;
(a) An application must be filed with the Department of Community
Development within thirty (30) days before the expiration date.
If the adult business does not file renewal permit application
before the expiration date, the business shall cease occupancy
until the renewal application is received and approved by the
Director of Community Development.
(b) The Director of Community Development has five (5) business
days to deny or approve the renewal application. If the Director
does not deny or approve the renewal application within the time
allowed the application shall be deemed approved at the end of the
time allowed.
B. When the Director of Community Development denies renewal of the permit, the
adult business shall not be issued a permit under this Code for one (1) year from
the date of denial. If, subsequent to denial, the Director of Community
Development, finds that the basis for denial of the renewal of the permit has been
corrected, the adult business shall be granted a permit if at least ninety (90) days
have elapsed since the date denial became final.
11.70.100. LICENSE TRANSFERABILITY. No adult business license shall be sold,
transferred, or assigned by any licensee, or by operation of law, to any other person, group,
partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale,
transfer, or assignment shall be deemed to constitute a voluntary surrender of such license, and
such license shall thereafter be null and void. An adult business license held by an individual
in a corporation or partnership is subject to the same rules of transferability described above.
Any change in the nature or composition of the adult business from one type of adult business
use to another type of adult business use shall also render the license null and void. An adult
business license shall be valid only for the exact location specified in the license.
WE
11.70.110. SUSPENSION OF LICENSE.
A. The Director of Community Development shall suspend a license for a period not
to exceed thirty (30) days if he/she determines that a licensee, or an employee of
a licensee, has:
(1) Violated or is not in compliance with any section of this Code; or
(2) Engaged in the excessive use of alcoholic beverages while on the adult
business premises; or
(3) Refused to allow an inspection of an adult business premises as
authorized by this Code; or
(4) Operated the adult business in violation of a building, fire health, or
zoning statue, code ordinance or regulation, whether federal, state or
local, said determination being based on investigation by the division,
department or agency charged with enforcing said rules or laws. In the
event of such statute, code, ordinance or regulation violation, the City
shall promptly notify the licensee of the violation and shall allow the
licensee a seven (7) day period in which to correct the violation. = If the
licensee fails to correct the violation before the expiration of the seven (7)
day period, the City shall forthwith suspend the license and shall notify
the of the suspension; or
(5) Operated the adult business in violation of the hours of operation; or
(6) Allowed minors (17 years old and under) to enter the adult business.
B. The suspension shall remain in effect until the violation of the statute, code,
ordinance or regulation in question has been corrected.
11.70:120. REVOCATION OF LICENSE.
A. The Director of Community Development shall revoke a license if a cause of
suspension in this Chapter occurs and the license has been suspended within the
preceding twelve (12) months.
B. The Director of Community Director shall revoke a license upon determining
that:
(1) A licensee gave false or misleading information in the material submitted
during the application process that tended to enhance the applicant's
opportunity for obtain a permit; or
(2) A licensee or an employee has knowing allowed possession, use or sale of
controlled substances on the premises; or
(3) A licensee or an employee has knowingly allowed prostitution on the
premises; or
(4) A licensee or an employee knowingly operated the adult business during
a period of time when the licensee's license was suspended; or
(5) On two or more occasions within a twelve (12) month period, a person or
persons committed an offense, occurring in or on the licensed premises,
constituting a specified criminal act for which a conviction has been
obtained, and the person or persons were employees of the adult business
at the time the offenses were committed. The fact that a conviction is
being appealed shall have no effect on the revocation of the permit; or
(6) A licensee is convicted of tax violations related to an adult business; or
(7) A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or any other specified
sexual activities to occur in or on the licensed premises; or
(8) Operating more than one adult business under a single roof; or
(9) Knowingly permitted gambling by any person on the adult business
premises.
C. When the Director of Community Development revokes a license, the revocation
shall continue for one (1) year and the licensee shall not be issued an adult
business license for one (1) year from the date revocation became effective. If,
subsequent to revocation, the Director of Community Development finds that the
basis for revocation under this Chapter has been corrected, the applicant shall
be granted a license if at least ninety (90) days have elapsed since the date
revocation became effective. If the license was revoked under this Chapter, an
applicant may not be granted another license until the number of years required
under this Chapter has elapsed.
D. The licensee shall allow any appropriate officer of the City of Santa Clarita to
conduct unscheduled inspections of the premises of the adult business for the
purpose of ensuring compliance with the law at any time the sex -oriented
business is open for business or is occupied.
11.70.130. APPEALS TO THE CITY COUNCIL.
A. If an adult business license is denied, revoked; or suspended by the Director of
Community Development, the applicant shall have fifteen (15) days from the date
of denial, revocation, or suspension to appeal the decision to the City Council.
The request for the appeal shall be typed (included with an appeal fee) and
submitted to the City Clerk. If appealed the City Council shall act on the appeal
during a public hearing no later than sixty (60) days from the date of the Director
of Community Development's denial, revocation, or suspension. If the City
Council does not act on the appeal within the sixty (60) days, the application shall
be deemed approved and the applicant shall be entitled to engage in the proposed
41
use subject to the remaining provisions of this Chapter and all other applicable
laws and City ordinances or regulations.
11.70.140. PRE-EXISTING LEGAL USE.
A. Any adult business lawfully operating before the effective date of this ordinance
or lawfully operating before annexation in the City of Santa Clarita that is in
violation of this Chapter shall be deemed a pre-existing legal use. A pre-existing
legal use will be permitted to continue to operate as long as such pre-existing
legal uses shall not change in ownership, size, or be altered or modified in any
way. Any pre-existing legal adult business that changes in ownership, size, or is
altered or modified. in any way shall be subject to all the provisions of this
Chapter. In addition, any pre-existing legal adult business that ceases operation
for a period of thirty (30) days shall be subject to all the provisions of this
Chapter.
B. An adult business lawfully operating as a conforming use is not rendered a non-
conforming use by the location, subsequent to the grant or renewal of an adult
business use permit and/or an adult business license, of a church, school, public
park, public building, residential zone, or residential lot within 1000 feet of the
adult business. This provision applies only to the renewal of a valid permit and
license and does not apply when an application for a permit and license is
submitted after a permit and license has expired or has been revoked.
11.70.150. FEES, For the purpose of fees only, the following adult businesses shall
be grouped in eight different classifications of the business license fee schedule:
1. Entertainment (Adult) Adult Cabaret Adult Tanning Salon
Juice Bar Sexual Encounter Establishment
2. Massage Parlor (Adult) Massage Parlor
3. Model Studio Figure Modeling Studio
Semi -Nude Model Studio
4. Bookstore (Adult) Adult Bookstore
Adult Novelty Store
5. Motel Adult Motel
6. Escort Bureau Escort Agency
7. Picture Arcade (Adult) Adult Motion Picture Arcade
8. Theatre (Adult) Adult Motion Picture Theater
SECTION 9. Section 070.D of Chapter 13.24 of the Santa Clarita Municipal Code is
hereby amended to read as follows:
42
Display in Areas Where Minors Are Not Excluded --Harmful Matter Restricted
1. No person shall knowingly display or cause to be displayed, in any
public place where minors are not excluded, any harmful matter as defined
in Subdivision a of Section 313 of the Penal Code, unless
a) such matter is displayed in news vending machines equipped with
devices commonly known as blinder racks affixed in such a manner that the
lower two-thirds of the matter is not exposed to view; and.
b) the purchase of such matter is under adult supervision to ascertain
that the person receiving the harmful matter is 18 years of age or older.
2. Purchase of matter by_person(s) 18 years of age or older shall be by
either of the following measures:
a) Permittee shall reouire the person receiving the harmful matter to
use an authorized access or identification card to the vending machine only
after_ taking reasonable measures to ascertain that the applicant was 18 years
offave or older and only after establishing a procedure to immediately cancel
the card of any person after receiving notice. in writing or by telephone, that
the code has been lost, stolen, or used by persons under the age of 18 years
or that the card is no longer desired: or.
b) Permittee shall reouire the person receiving the harmful matter to
use a token in order to utilize the vending machine only after taking
reasonable measures to ascertain that the person receiving theharmful
matter was 18 years of age or older.
1 This section shall not apply to news vending machines that are placed
or projected upon public highways and which are subject to the provisions of
Section 13.24.070.C.
4 See Adult Business Use Permit Ordinance No. 97-01. section 22 of the
Development Standards for related restrictions regarding newsracks.
SECTION 10 VIOLATIONS In addition to any other penalties and remedies provided by
law, including the provisions of the same title, any violation of the provisions of this chapter
shall be a misdemeanor punishable by a fine not to exceed one -thousand dollars ($1,000.00) or
six (6) months in jail, or both. Any person who violates the provisions of this chapter is subject
to a suit for injunction as well as prosecution for the criminal violation.
SECTION 11 CONFLICTS If the provisions of this chapter conflict or contravene the
provisions of another chapter of the same title, the provisions of this chapter shall prevail as to
all matters and questions arising out of the subject matter of this chapter.
SECTION 12 SEVERABILITY If any provision, clause, sentence or paragraph of this
ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions or applications of the provisions of this ordinance
which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are hereby declared to be severable.
43
SECTION 13 SAVINGS CLAUSE Neither the adoption of this chapter nor the repeal of
any other ordinance of this City shall in any manner affect the prosecution for violations of
regulations, which violations were committed prior to the effective date hereof, nor be construed
as a waiver of any permit or license or penalty or the penal provisions applicable to any violation
thereof.
SECTION 14 REPEAL Ordinance Number 96-35 is hereby repealed.
LI
SECTION 15 The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law. The complete Ordinance is available to the
public in the City Clerk's office.
PASSED AND APPROVED this day of , 19_.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the day of ,
19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the day of 19 by the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CURRENT\ADLTBUS2.JW H
45
CITY CLERK
ORDINANCE NO. 97-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE, BY ADOPTING
REGULATIONS PERTAINING TO TATTOO PARLORS AND PAWN SHOPS IN THE
UNIFIED DEVELOPMENT CODE (UDC AMENDMENT 96-001)
WHEREAS, the City of Santa Clarita General Plan requires the implementation of a City
of Santa Clarita Unified Development Code to be in compliance with the Governmental Code
of the State of California; and
WHEREAS, the provisions of the California Environmental Quality Act (CEQA) of 1970,
as amended, Public Resources Code Sections 21000-21774, require the evaluation of the
Negative Declaration for projects such as amendments to the Unified Development Code; and
WHEREAS, a Negative Declaration was prepared, noticed and .circulated for public
review in compliance with the provisions of CEQA and the City's Environmental Guidelines; and
WHEREAS, the proposed amendments further implement the Goals and Policies of the
City's General Plan; and
WHEREAS, the Planning Commission conducted a public hearing on the proposed
amendments on November 19, 1996. At this meeting, the Commission reached consensus on
these amendments, recommending that Council modify the Unified Development Code to
require tattoo parlors and pawn shops to submit a minor use permit application, which would
be automatically referred to the Planning Commission for approval or denial, provided they are
located in the Community Commercial, Industrial Commercial, and Business Park zones; and
WHEREAS, the amendments regarding tattoo parlors and pawn shops will be made in
the Permitted Use Chart section of the Unified Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The proposed amendments to the Santa Clarita Unified Development Code
are consistent with the City of Santa Clarita General Plan and meet the requirements of the
Government Code of the State of California.
SECTION 2. That the Initial Study and Negative Declaration for this project has been
prepared, reviewed, considered, and found complete in accordance with the provisions of CEQA
and the City's Environmental Guidelines and the City Council has adopted the Negative
Declaration prepared for this project at the November 12, 1996 City Council meeting.
SECTION 3. That if any portion of this Ordinance is held to be invalid, that portion shall
be stricken and severed, and the remaining portions shall be unaffected and remain in full force
and effect.
SECTION 4. Paragraph (41) entitled "Secondhand stores" contained in Chapter
17.13.050 (General Commercial Uses) of the Santa Clarita Unified Development Code is hereby
amended to read as follows:
CC IC BP
Secondhand stores/Pawn
Shops M5 M5 M5
Subject to hearing before the Planning Commission,
SECTION 5. Chapter 17.13.050 (General Commercial Uses) of the Santa Clarita Unified
Development Code is hereby amended to add "Tattoo Parlors" to the permitted use chart and
shall read as follows:
CC IC BP
Tattoo Parlors M5 M5 M5
SECTION 6. That the City Clerk shall certify to the passage of this ordinance and shall
cause it to be published in the manner prescribed by law.
PASSED AND APPROVED this day of
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
19_.
I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the day of ,
19 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the City Council on the day of 19 by the
following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
:council\ordtattoo jwh