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Ordinance Number 802185 ORDINANCE NO. 802 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING AMENDMENTS TO THE MUNICIPAL CODE BY ADDING TITLE 5, CHAPTER 27, ENTITLED "ADULT-ORIENTED BUSINESS," AMENDING TITLE 9, CHAPTER 3, ARTICLE 4, SECTIONS 9-3.415 AND 9-3.417 PERMITTING ADULT-ORIENTED BUSINESSES AND PROHIBITING THE ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH AN ADULT-ORIENTED BUSINESS, AND AMENDING TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.626, ENTITLED "ADULT-ORIENTED BUSINESS" THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: a. WHEREAS, the City Council, in adopting this ordinance amendment, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of Adult -Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California (1977). The City Council finds that these studies are relevant to the problems addressed by the City in enacting this amendment to the Municipal Code to regulate the adverse secondary side effects of Adult -Oriented Businesses, and more specifically finds that these studies provide convincing evidence that: Adult -Oriented Businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas. 2. Both the proximity of Adult -Oriented Businesses to sensitive land uses and the concentration of Adult -Oriented Businesses tend to result in the blighting and deterioration of the areas in which they are located. 3. The proximity and concentration of Adult -Oriented Businesses adjacent to residential, recreational, religious, educational, and other Adult -Oriented Businesses can cause other businesses and residences to move elsewhere. 4. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult -Oriented Businesses, including but not limited to an increase in the crimes of narcotics distribution and use, A- im prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult -Oriented Businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. b. WHEREAS, based upon the above findings, the City Council finds and determines the special regulation of Adult -Oriented Businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulation is based upon the recognition that the operational characteristics of Adult -Oriented Businesses, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as parks, schools, or churches, have a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the adverse secondary side effects of Adult -Oriented Businesses. C. WHEREAS, the locational requirements established by this ordinance will not unreasonably restrict the establishment or operation of constitutionally protected Adult -Oriented Businesses within the City, and a sufficient number of appropriate locations for Adult -Oriented Businesses are provided. d. WI ,REAS, in adopting this amendment to the Municipal Code, the City Council has been mindful of legal principles relating to the regulation of Adult -Oriented Businesses and does not intend to suppress or infringe upon any expressive activities protected by the First amendment of the United States and California Constitutions, but instead desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of Adult -Oriented Businesses. The City Council has considered decisions of the United States Supreme Court regarding local regulation of Adult -Oriented Businesses, including but not limited to: Young v American Mini Theaters. Inc., 427 U.S. 50 (1976) (Reh. denied 429 U.S. 873); Renton v. Playtime Theaters, 475 U.S. 41 (1986) (Reh. denied 475 U.S. 1132); FW/PBS. Inc._ v. Dallas, 493 U.S. 215 (1990); Barnes v Glenn Theater, 501 U.S. 560 (1991); United States Court of Appeals 9th Circuit decisions, including but not limited to: Tonanga Press, et al. v. City of Us Angeles, 989 F.2d 1524 (1993); several California cases including but not limited to: City of National City v. Wiener, 3 Ca1.4th 832 (1993); People vSuperior Court ( ro) 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books et al_., 167 Ca1.App.3d 1169 (1985); and other federal cases including Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang On Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) 10 F.2d 123, International Eateries v Broward County. (11th Cit. (1991) 941 F.2d 1157, and Star Satellite v City. of Biloxi (5th Cir. 1986) 779 F.2d 1074. e. WHEREAS, the City Council also finds that locational criteria alone does not adequately protect the health, safety, and general welfare of the citizens of the City, and thus certain requirements with respect to the ownership and operation of Adult -Oriented Businesses are in the public interest. -2- 187 f. WHEREAS, the City Council finds that in addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council takes legislative notice of the facts recited in the case of Key. Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems. g. WHEREAS, the City Council finds the following, in part based upon its understanding of the documents and judicial decisions in the public record: 1. Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult -Oriented Businesses (collectively referred to as 'performers') have been found to engage in sexual activities with patrons of Adult - Oriented Businesses on the site of the Adult -Oriented Business; 2. Evidence has demonstrated that performers employed by Adult -Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows; 3. Evidence indicates that performers at Adult -Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; 4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity; 5. As a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at Adult -Oriented Businesses. h. WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the community and to help assure that all operators of Adult -Oriented Businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses. i. WHEREAS, the City Council desires to minimize and control the adverse secondary side effects associated with the operation of Adult -Oriented Businesses and thereby protect the health, safety, and welfare of the citizens of the City, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of -3- IM surrounding neighborhoods and businesses, and deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases. j. WHEREAS, it is not the intent of the City Council in enacting the provisions of this code amendment to the Municipal Code, or any other provisions thereof, to condone or legitimize the distribution of obscene material, and the City recognizes that state law prohibi&-41e distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City. k. WHEREAS, in Barnes v Glen Theaters (1991) 501 U.S. 560, the United States Supreme Court found it to be constitutionally permissible to prohibit public nudity, including public nudity in Adult -Oriented Businesses, in part due to the secondary effects associated with such public nudity in Adult -Oriented Businesses which secondary effects include, but are not limited to the increase in prostitution, increase in sexual assaults, increase in sexually transmitted diseases and the increase in criminal activity. In. WHEREAS, in prohibiting public nudity in Adult -Oriented Businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity in Adult -Oriented Businesses due to the secondary impacts associated with establishments providing public nudity. n. WHEREAS, in enacting a public nudity limitation in Adult -Oriented Businesses, the City declares that the limitation is a regulatory licensing provision and 1t4.1 a criminal offense. The City as a part of this code amendment has not provided a criminal penalty for a violation of the nudity limitation. The limitation is a condition of issuance and maintenance of an Adult - Oriented Business permit issued pursuant to the Municipal Code. o. WHEREAS, the City Council finds that preventing the exchange of money between performers and patrons reduces the likelihood of drug and sex transactions occurring in Adult -Oriented Businesses. P. WHEREAS, requiring separations between performers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult -Oriented Business. q. WHEREAS, enclosed or concealed booths and dimly-lit areas within Adult - Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within the Adult -Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof, by law enforcement personnel. 0 IM r. WHEREAS, while the City Council desires to protect the rights conferred by the United States Constitution to Adult -Oriented Businesses, it does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development and operation of Adult -Oriented Businesses. S. WHEREAS, nothing in this code amendment to the Municipal Code is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City Municipal Code provisions or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. Based upon the findings set forth in Section 1 preceding, the City Council of the City of San Juan Capistrano hereby amends the San Juan Municipal Code as follows: a. Appendix "A" Definitions - For the purposes of the amended language of the Municipal Code of this section, specific terms, words and phrases and their definitions shall have the meanings as set forth below and shall be integratcd into Appendix "A" (Definitions) of the San Juan Capistrano Municipal Code: (1) "Adult Arcade" shall mean an establishment where for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (2) "Adult Bookstore" shall mean any establishment which, as a regular and substantial course of conduct, displays and/or distributes Adult Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (See "Adult -Oriented Business" for definition of regular and substantial portion of its business). (3) "Adult Cabaret" shall mean a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, or other photographic reproductions, or oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. -5- 190 (4) "Adult Hotel/Motel" shall mean a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts and/or which rents, leases, or lets any room for less than a 12 -hour period and/or rents, leases or lets any room more than once in a 24-hour period and/or which advertises the availability of any of the above. (5) "Adult Motion Picture Theater" shall mean a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and thirty (30 %) percent or more of the number of which are distinguished or characterized by an emphasis upon the depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (6) "Adult Theater" shall mean a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of Specified Sexual Activities or Specified Anatomical Parts. (7) "Adult Model Studio" shall mean any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under provisions of the Education Code. (8) " Adult Motion Picture Arcade" shall mean any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in Individual Viewing Areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (9) "Adult -Oriented Business" shall mean any business establishment or concern which, as a regular and substantial course of conduct, performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio or Adult Hotel/Motel (but not clothing optional Hotel/Motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes Sexually 191 Oriented Merchandise or Sexually Oriented Material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult -Oriented Business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult -Oriented Business" shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover Specified Anatomical Parts. For the purposes of the Municipal Code, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts as a regular and substantial course of conduct when one or more of the following conditions exist: (i) The area devoted to Adult Merchandise and/or Sexually Oriented Material exceeds more than twenty-five percent (25 %) of the total display or floor space area open to the public; (ii) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on Specified Sexual Activities or Specified Anatomical Parts at least six (6) times in any month of any given year; (iii) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matters depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (10) "Adult -Oriented Business Applicant" shall mean a person who is required to file an application for a permit in accordance with the applicable provisions of the Municipal Code, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult -Oriented Business. (11) "Adult -Oriented Business Operator" shall mean a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an Adult -Oriented Business or the conduct of activities occurring on the premises thereof. (12) "Adult Theater" shall mean a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. -7- 192 (13) 'Bar" shall mean any commercial establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic beverages on the premises for which the license has been issued. (14) "Church" shall mean a structure which is used primarily for religious worship and related religious activities at least two days per week. (15) "G -String" shall mean an article of clothing that opaquely covers the buttocks at least one inch on either side of the natal cleft and covers the entirety of the genitalia and pubis. (16) "Health Officer" shall mean a health officer or inspector for the County of Orange or duly authorized representative. (17) "Live Art Class" shall mean any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpturing of live models exposing Specified Anatomical Parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre -registration is required at least twenty-four (24) hours in advance of participation in the class. (18) "Pasties" shall mean an article of clothing that opaquely covers every portion of the breast below the upper radius of the areola. (19) "Permittee" shall mean the person to whom an Adult -Oriented Business Permit or Adult -Oriented Business Performer Permit has been issued in accordance with Title 5, Chapter 27, and Title 9, Chapter 3, Article 6, Section 9-3.626. (20) "Regularly Features" shall mean as it relates to Adult -Oriented Businesses, a regular and substantial course of conduct of the person, business or establishment making or presentations are made. The fact that live performances which are distinguished or characterized by an emphasis upon the display of Specified Sexual Activities or Specified Anatomical Parts which occurs six (6) times a month in any given year. (21) "School' shall mean any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (22) "Sexually Oriented Material' shall mean any element of Sexually Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, In 193 for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (23) "Sexually Oriented Merchandise" shall mean sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity. (24) "Specified Anatomical Parts" shall mean any of the following: (i) Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or, (ii) Human male genitals in a discernible turgid state, even if completely and opaquely covered. (25) "Specified Sexual Activities" shall mean any of the following: (i) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or, (ii) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or, (iii) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or, (iv) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (v) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or, (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or, (vii) Human excretion, urination, menstruation, vaginal or anal irrigation; or, 0 194 (viii) The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as Pasties and G-strings or equivalent clothing. b. Title 5, Chapter 27, entitled "Adult -Oriented Business" is hereby added to the San Juan Capistrano Municipal Code to read in its entirety as follows: CHAPTER 27 ADULT-ORIENTED BUSINESS Sec. 5-27.01 Intent and Purpose. The intent of this Chapter is to regulate Adult Oriented Businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: depreciated property values, and increased vacancies in residential areas in the vicinity of the Adult -Oriented Businesses; higher crime rates, noise, debris or vandalism in the vicinity of Adult -Oriented Businesses; blighting conditions such as low level of maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulations of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult -Oriented Businesses. It is neither the intent, nor effect of this Chapter to restrict or deny access by adults to Sexually Oriented Materials or Merchandise protected by the First Amendment. or to deny access by the distributors or exhibitors of Adult -Oriented Businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit 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 exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. Sec.5-27.02 Definitions For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined in Appendix "A" of the San Juan Capistrano Municipal Code. Sec. 5-27.03 Permit Required (Adult -Oriented Business Permit) No Adult -Oriented Business shall be permitted to operate, engage in, conduct or carry on business within the City unless the owner of the business first obtains an Adult -Oriented Business Permit and a Business License from the City, as well as any other permits or license required by law. The above notwithstanding, no Adult -Oriented Business proposing to provide live entertainment shall be required to obtain a Conditional Use Permit. If an Adult -Oriented Business intends to serve alcoholic beverages, the business shall also be required to obtain a Conditional Use Permit from the City for the service of the alcoholic beverages. An Adult -Oriented Business Mill 195 shall be permitted as a principal permitted use in the CM (Commercial Manufacturing) and MP (Industrial Park) Districts of the City, subject to the specific design, locational and operational standards contained in Title 9, Chapter 3, Article 6, Section 9-3.626 of the Municipal Code. Sec.5-27.04 Application Requirements The property owner, or authorized agent of the property owner, is eligible to request an Adult -Oriented Business Permit. A single Adult -Oriented Business Permit shall suffice for the operation of any single Adult -Oriented Business on any permitted site in the City as designated by the Municipal Code and consistent with the provisions of Section 9-3.626. The following information is required at the time an Adult -Oriented Business Permit is submitted to the Planning Services Department: (a) A completed Adult -Oriented Business Permit application. (1) If the applicant is an individual, the individual shall state his or her legal name (including any aliases), address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age. (2) If the applicant is a partnership, the partners shall state the partnership's complete name, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any. (3) if the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered officer for service of process. (4) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent (10%) or greater interest in the business entity shall sign the application. (b) If the applicant intends to operate the Adult -Oriented Business under a name other than that of the applicant, the applicant shall file the fictitious name of the Adult -Oriented Business and show proof of registration of the fictitious name. (c) A non-refundable deposit and/or fee as set forth by resolution of the City Council. (d) A description of the type of Adult -Oriented Business for which the Permit is requested and the proposed address where the Adult -Oriented Business will operate, plus the names and addresses of the property owners and, if applicable, lessors of the Adult -Oriented Business site. -11- 196 (e) The address to which notice of action on the application is to be mailed. (f) The names of all employees, independent contractors, and other persons who will perform at the Adult -Oriented Business, who are required by Section 5-27.08 of this Chapter to obtain an Adult -Oriented Business Performer License (for on-going reporting requirements see Title 9, Chapter 3, Article 6, Section 9-3.626(d)(10) ). (g) A floor plan or diagram showing the interior configuration of the premises, including a statement of the uses of the total floor area to be occupied by the Adult -Oriented Business. The floor plan or diagram need not for the purposes of this Permit be professionally prepared, but must be drawn to a designated scale. (h) A certificate and straight-line, to scale drawing prepared by a registered architect or civil engineer within thirty (30) days prior to the submission of the application depicting the building and the portion thereof to be occupied by the Adult -Oriented Business, and the property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the Adult -Oriented Business. (i) A diagram of the off-street parking areas and premise entries of the Adult -Oriented Business showing the location of the lighting system required by Section 9-3.626 of the Municipal Code including the submission of a photometric analysis. 0) The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult -Oriented Business Permit. (k) Whether the applicant, any partner if the applicant is a partnership, or any officer of the corporation if the applicant is a corporation has been convicted within the past three (3) years of any of the following: one or more violations of Penal Code sections 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b), and 647(d); any equivalent violation of the code of another state, or the applicant has had an adult-oriented permit revoked by this City or any other governmental entity within the past three (3) years. (1) A completed fingerprint card of the applicant prepared by the Orange County Sheriff's Department. Sec. 5-27.05 Investigation and Action on Application (a) The Planning Director or designated representative shall, within fifteen (15) working days of submission of an application, determine whether the application is complete. If the Planning Director or designated representative determines that the application is incomplete or the applicant has completed the application improperly, the Planning Director or designated representative shall, within the aforementioned time period, notify the applicant -12- 197 in writing of such fact. The time period for acting upon the application shall not commence until a complete application has been accepted by the Planning Director. If the applicant's application was determined to be incomplete, upon submission of the revised application and support information the Planning Director or designated representative shall have fifteen (15) working days to determine completeness. (b) Upon receipt of a completed application and payment of the application and Permit fees, the Planning Director shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult -Oriented Business Permit. (c) Within forty-five (45) days of receipt of the completed application, the Planning Director shall complete the investigation, grant or deny the application in accordance with the provisions of this Chapter and Title 9, Section 9-3.626 of the Municipal Code, and so notify the applicant as follows: (1) The Planning Director shall write or stamp "Granted" or "Denied" on the application and the date and sign such notation. (2) If the application is denied, the Planning Director shall attach to the application a statement of the reasons for denial. (3) If the application is granted, the Planning Director shall attach to the application an Adult -Oriented Business Permit. (4) The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. Sec. 5-27.06 Decision to Grant or Deny Permit; Duration of Permit. The Planning Director shall grant the application and issue the Adult -Oriented Business Permit unless: (a) The building, structure, equipment, or location used by the business for which an Adult -Oriented Business Permit is required does not comply with the requirements of the health, zoning, fire and safety laws of the City and the State of California, or with the requirements of this Chapter or provisions of Title 9, Section 9-3.626 of this Municipal Code. (b) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an Adult -Oriented Business Permit. -13- RM. (c) An applicant is under eighteen (18) years of age. (d) The required application and Permit fee has not been paid. (e) Within the past three (3) years, the applicant has been convicted of any of the following offenses: one or more violations of Penal Code sections 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b) and 647(d); any equivalent violation of the code of another state, or the applicant has had an adult oriented permit revoked by this City or any other governmental entity within the past three (3) years. If the Planning Director grants the application or if the Planning Director neither grants nor denies the application within the forty-five (45) days after it is stamped as received (determination of complete application), the applicant may begin operating the Adult -Oriented Business for which the Permit was sought, subject to strict compliance with the development and performance standards of Title 9, Section 9-3.626 and the requirements of this Chapter, including but not limited to the renewal requirements of this section. Each Adult -Oriented Business Permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the Planning Director a written request for renewal, accompanied by the Annual Permit Fee and a copy of the Permit to be renewed. The request for renewal shall be made at least forty-five days before the expiration date of the Permit. When made less than forty-five (45) days before the expiration date, the expiration of the Permit will not be stayed. Applications for renewal shall be acted upon as provided in this Section for action upon applications for Permits. Sec. 5-27.07 Transfer of Adult -Oriented Business Permits. (a) A permittee shall not operate an Adult -Oriented Business under the authority of an Adult -Oriented Business Permit at any place other than the address of the Adult -Oriented Business stated in the application for the Permit. (b) A permittee shall not transfer ownership or control of an Adult -Oriented Business or transfer an Adult -Oriented Business Permit to another person unless and until the transferee obtains an amendment to the Permit from the Planning Director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Planning Director in accordance with Sections 5-27.04, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Planning Director determines in accordance with Section 5-27.06 that the transferee would be entitled to the issuance of an original Adult -Oriented Business Permit. (c) No Permit may be transferred when the Planning Director has notified the permittee that the Permit has been or may be suspended or revoked. -14- 199 (d) Any attempt to transfer a Permit either directly or indirectly in violation of this section is hereby declared void and the Permit shall be deemed revoked.' Sec. 5-27.08 Adult -Oriented Business Performer Permit (a) No person shall engage in or participate in any live performance depicting Specified Anatomical Parts or involving specified sexual activities in an Adult -Oriented Business, without a valid Adult -Oriented Business Performer Permit issued by the City. All persons who have been issued an Adult -Oriented Business Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 5-27.04 , with the names of all Performers required to obtain an Adult -Oriented Business Performer Permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension and/or revocation of the Adult -Oriented Business Permit. (b) The Planning Director shall grant, deny and renew Adult -Oriented Business Performer Permits. (c) The application for an Adult -Oriented Business Performer Permit shall be made on a form provided by the Planning Director. An original and two copies of the completed and sworn permit application shall be filed with the Planning Services Department. (d) The completed application shall contain the following information and be accompanied by the following documents: (1) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; (2) Age, date and place of birth; (3) Height, weight, hair and eye color; (4) Present residence address and telephone number; (5) A completed fingerprint card of the applicant prepared by the Orange County Sheriffs Department and a color photograph at least 2" x 2" clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.. (6)Whether the applicant has ever been convicted of : (i) Any of the offenses set forth in Sections 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 2661, 647(a), 647(b), and 647(d) of the California -15- 200 Penal Code as those sections now exist or may hereafter be amended or renumbered; or (ii) The equivalent of the aforesaid offenses outside the State of California. (7) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (8) State driver's license or identification number. (9) Satisfactory written proof that the applicant is at least eighteen (18) years of age. (10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed. (e) The application shall be accompanied by a non-refundable application fee. Said amount of the fee shall be set by resolution of the City Council. (f) Upon receipt of a completed application and payment of the application fees, the Planning Director shall immediately stamp the application complete and promptly investigate the application. Sec. 5-27.09 Investigation and Action on Application (Adult -Oriented Business Performer Permit) (a) The Planning Director or designated representative shall within five (5) working days of submission of an application, determine whether the application is complete. If the Planning Director determines that the application is incomplete or that the applicant has completed the application improperly, the Planning Director shall promptly notify the applicant of such fact. The time period for granting or denying a Permit shall be stayed until such the time that a complete application has been submitted. (b) Prior to the issuance of the Adult -Oriented Business Performer Permit, the City designated agency shall conduct a background check. Upon satisfactory completion of said background check, the Planning Director shall, within five (5) working days, grant or deny the application and so notify the applicant as follows: -16- 201 (1) The Planning Director shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is granted, the Planning Director shall provide the Adult - Oriented Business Performer with an identification card containing the name, address, photograph and permit number. (3) If the application is denied, the Planning Director shall attach to the application a statement of the reasons for denial. (4) If the application is granted, the Planning Director shall attach to the application an Adult -Oriented Business Performer Permit. (5) The application as granted or denied and the Permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. (c) The Planning Director shall grant the application and issue the Permit unless the application is denied for one or more of the reasons set forth in subsection (e) of this section. (d) If the Planning Director grants the application or if the Planning Director neither grants nor denies the application within five (5) working days of the completion of the background check, the applicant may begin performing in the capacity for which the license was sought. (e) The Planning Director shall deny the application for any of the following reasons: (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a Permit or in any report or document required to be filed with the application. (2) The applicant is under eighteen (18) years of a. -e. (3) The Adult -Oriented Business Performer Permit is to be used for performing in a business prohibited by State or City law. (4) The applicant has been registered in any state as a prostitute. A Permit may be issued if the latest date of registration occurred more than five (5) years prior to the date of the application. (5) The applicant has been convicted of any of the offenses enumerated in Section 5-27.08(d)(6)(i) , or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed with the State of California. A -17- 202 Permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application. (f) Each Adult -Oriented Business Performer Permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the Planning Services Departmega written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least forty-five (45) days before the expiration date of the Permit. When made less than forty-five (45) days before the expiration date, the expiration of the Permit will not be stayed. Applications for renewal shall be acted on as provided in subsection c and e, above. Sec. 5-27.10 Suspension or Revocation of Adult -Oriented Business Permit or Adult - Oriented Business Performer Permit. An Adult -Oriented Business Permit or Adult -Oriented Business Performer Permit may be suspended or revoked in accordance with the procedures and standards of this Chapter and Title 9, Section 9-3.626 of this Municipal Code. (a) On determining that grounds for Permit revocation exist, the Planning Director shall furnish written notice of the proposed suspension or revocation to the Permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections , and a brief statement of the factual matter in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the Permittee, or shall be delivered to the Permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Planning Director, but at a minimum shall include the following: (1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the Planning Director may be appealed in accordance with Section 5-27.11 of this Chapter. (b) A Permittee may be subject to suspension or revocation of his or her Permit, for any of the following causes arising from the acts or omissions of the Permittee, or an employee, Performer, independent contractor, agent, partner, director, stockholder, or manager of an Adult -Oriented Business: (1) The Permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a Permit, or in any report or record required to be filed with the City. on 203 (2) The Permittee, employee, agent, partner, director, stockholder, or manager of an Adult -Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the Adult -Oriented Business, or in the case of an Adult -Oriented Business Performer, the permittee has engaged in one of the activities described below while on the premises ok an Adult -Oriented Business: (i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation. (ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur. (iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. (iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code. (v) Any act constituting a violation of provisions of the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4. (vi) Any conduct prohibited by this Chapter or Title 9, Section 9-3.626 of this Municipal Code. For the purposes of this section, an Adult -Oriented Business Permittee has knowingly permitted a violation when a violation occurs anytime after having received written notice of a previous violation. (c) After holding the hearing in accordance with the provisions of this Section, if the Planning Director finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Planning Director shall impose one of the following: (1) Suspension of the Permit for a specified period not to exceed six months; (2) Revocation of the Permit. Sec. 5-27.11 Appeal of Denial, Suspension or Revocation of Permit. After denial of an application for an Adult -Oriented Business Permit or an Adult - Oriented Business Performer Permit, or after denial of renewal or a Permit, or suspension or revocation of a Permit , the applicant or person to whom the Permit was granted may -19- 204 seek review of such administrative action by the City Manager in a manner provided herein. Any person seeking to appeal a decision of the Planning Director shall file a written notice of appeal with the Planning Director not later than fifteen (15) calendar days after the date of the notice denying the application or permit renewal or imposing the suspension or revocation. The notice shall state, with specificity, the specific factual and legal basis of the appeal. The Planning Director shall, within ten (10) days, schedule a hearing before the City Manager or his or her designated representative and notify the appellant, in writing, of the day, time and location of the hearing which shall be held no later than thirty (30) days from the date the appeal has been filed. The appeal shall be conducted in accordance with the same procedures established by the Planning Director pursuant to Section 5-27.10. The City Manager shall provide the appellant with a written decision within ten (10) working days of the conclusion of the hearing. If the denial, suspension or revocation is affirmed on review, the applicant or Permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The City shall make all reasonable efforts to expedite judicial review, if sought by the Permittee. C. Title 9, Chapter 3, Article 4, Section 9-3.415, entitled "Commercial Manufacturing (CM) District" is hereby amended as follows: (1) Section 9-3.4215(b), Principal Uses and Structures Permitted, add Adult -Oriented Business (subject to the provisions of Title 5, Chapter 27 and Section 9-3.626 of this Title). Sale of Alcoholic Beverages in conjunction with a permitted Adult -Oriented Business shall be prohibited. d. Title 9, Chapter 3, Article 4, Section 9-3.417, entitled "Industrial Park (MP) District" is hereby amended as follows: (1) Section 9-3.417(b), Principal Uses and Structures Permitted, add Adult -Oriented Business (subject to the provisions of Title 5, Chapter 27 and Section 9-3.626 of this Title). Sale of Alcoholic Beverages in conjunction with a permitted Adult -Oriented Business shall be prohibited. e. Title 9, Chapter 3, Article 6, Section 9-3.626, entitled "Adult Businesses" is hereby amended in its entirety to read as follows: Sec. 9-3.626. Adult -Oriented Businesses. (a) Purpose and intent. Special locational regulations and operational standards of Adult - Oriented Businesses is necessary to ensure that the secondary adverse effects caused by the operational characteristics will not contribute to the blighting or downgrading of the surrounding neighborhoods, nor the concentration or clustering of such businesses in any area. -20- 2US (b) Adult -Oriented Business. Adult -Oriented Businesses shall consist of the following types of uses as defined in Appendix "A" of the Municipal Code: (1) Adult Book Store. (2) Adult Hotel or Motel. (3) Adult mini -motion picture theater, Adult Motion Picture Arcade, Adult Motion Picture Theater. (4) Adult Cabaret, nightclub theater or other establishment which features live performances where such performers are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Parts". (5) Encounter center or rap studio as defined in Appendix "A" of the Municipal Code. (6) Adult Model Studio. (c) Establishment. Adult -Oriented Businesses may be established as a principal permitted use in those districts so identified under Article 4 of this Title. Said establishment of use shall be subject to the following locational and design standards: (1) The Adult -Oriented Business shall not be located within three hundred feet (300') of any residential zone or use unless the proposed location of the Adult - Oriented Business is physically separated from the residential zone or residential use by a freeway or storm drainage channels for Trabuco and San Juan Creeks. (2) The Adult -Oriented Business shall not be located within three hundred feet (300') of any lot upon which there is properly located a public park, school (public or private) or religious institution, unless the proposed location is physically separated from the public park, school or religious institution by a freeway or storm drainage channels for Trabuco and San Juan Creeks. (3) The Adult -Oriented Business shall not be located within one thousand feet (1,000') of any other Adult -Oriented Business. (4) The Adult -Oriented Business shall provide one (1) parking space per occupant as based upon the maximum occupancy as determined by the Building Official. Said off-street parking area and the premise entries shall be illuminated from dusk to closing hours of operation with a lighting system consistent with the design provision of Section 9-3.614 which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and all walkways. (5) The Adult -Oriented Business shall be located completely within a permanent building affixed with a foundation to the ground. -21- 206 (6) The exterior of the building including windows and entrances shall be designed to prohibit the observation of any materials or activities depicting, describing or relating to any "Specified Sexual Activities" or "Specified Anatomical Parts" from any location outside the establishments building. This provision shall preclude any display, decoration, sign (excepting the name of the facility), show window or other opening. () The Adult -Oriented Business premises shall provide sufficient sound -absorbing insulation so that noise generated inside the premises is not audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building or other buildings located on the same property. (8) All interior areas of the premises within which patrons are permitted (except rest rooms) shall be open to an unobstructed view with the naked eye, and without the aid of any cameras, mirrors or other devices by the management at all times. (9) An interior floor plan shall designate all areas of the establishment that patrons or visitors are permitted, along with areas that are to be restricted to employees' use only. (10) Separate rest room facilities shall be provided for patrons/visitors and employees. These separate facilities shall include separate rest rooms for male and female patrons and separate rest room facilities for male and female employees. The rest rooms shall be free from any Sexually Oriented Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment (11) All areas of the Adult -Oriented Business shall be illuminated at the following minimum footcandle levels: Adult -Oriented Business Minimum Foot -Candles Bookstores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 foot-candles) Arcades 10 Motels/Hotels 20 (in all public areas) Modeling/Rap Studios 20 -22- 207 (12) All live performance areas shall be upon a stage at least eighteen (18") inches above the level of the floor which shall be separated by a distance of at least ten (10') feet from the nearest area designated for patrons and visitors. This ten -foot (10') separation will be restricted to employees only while the stage is occupiedby a performer. (13) Separate dressing facilities shall be provided and exclusively dedicated for the use of "performers". (14) Access for performers between the stage and the dressing rooms shall be completely separated from the patrons. (15) The business shall provide an entrance/exit for performers and employees which is completely separate from the entrance/exit used by patrons. (16) Fixed rail(s) at least thirty (30") inches in height shall be maintained establishing the separations between performers and patrons required by this subsection. (d) Operational Standards. Adult -Oriented Businesses and Adult -Oriented Business Performers shall comply with the following operational standards. Failure to comply with these operational standards may be cause for suspension or revocation of the Adult - Oriented Business Permit and/or the Adult -Oriented Business Performer Permit. (1) No performer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during or after performances by such performer. This section shall only apply to any physical contact on the premises, including the parking lot of the Adult -Oriented Business. (2) No patron shall directly pay or give any gratuity to any Performer. (3) No owner or other person with managerial control over the Adult -Oriented Business (as that term is defined by the Municipal Code) shall permit any person on the premises of the Adult -Oriented Business to engage in a live showing of the human male or female genitals, pubic area or natal cleft with less than a fully opaque coverage, andlor the female breast with less than a fully opaque coverage over any part of the nipple or areola and /or covered male genitals in a discernible turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered. -23- ►.R (4) Adult -Oriented Businesses shall employ security guards in order to maintain the public peace and safety based upon the following standards: (i) Adult -Oriented Businesses featuring live entertainment shall provide at least one (1) security guard at all times while the business is open. If the occupant limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty. One additional security guard shall be added for each additional increase in occupancy of thirty-five (35) persons. (ii) Security guards for other Adult -Oriented Businesses shall be required at a ratio of one (1) guard for every 100 -person occupancy limit. (iii) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (5) Adult -Oriented Businesses shall be open for business only between the hours of 8:00 a.m. and midnight on any particular day. (6) All indoor areas of the Adult -Oriented Business within which patrons are permitted, except rest rooms, shall be open to an unobstructed view with the naked eye without the aid of any cameras, mirrors or other devices from a manager's station located in the public portion of the establishment by the management at all times. (7) The building entrance to an Adult -Oriented Business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Planning Director or designated representative. No person under the age of eighteen (18) years shall be permitted within the premises at any time. (8) No patron is permitted access to any area of the premises which has been designated as an area in which patrons are not to be permitted. (9) Adult -Oriented Businesses that have Individual Viewing Areas shall comply with the following: -24- 209 (i) The view area shall remain unobstructed by any doors, walls, merchandise, display racks, or other merchandise and shall be visible at all times by management as specified by subsection 6, above. (ii) No Individual Viewing Area may be occupied by more than one person at a time. (iii) The walls or partitions between Individual Viewing Areas or booths shall be maintained in good repair at all times, with no holes or other openings in any wall or partition of any Individual Viewing Area such as to allow physical contact through a partition between the occupant of any such Individual Viewing Area and a person on the outside. All Individual Viewing Areas shall be separated from other Individual Viewing Areas by a five (5') foot buffer. (iv) Customers, patrons, or visitors shall not be allowed to stand idly by the vicinity of any such Individual Viewing Area or from remaining in the common area of such business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths. (v) The floors, seats, walls and other interior portions of all Individual Viewing Areas shall be maintained clean and free from waste and bodily secretions. (10) Every permittee of an Adult -Oriented Business which provides live entertainment depicting "Specified Anatomical Parts" or involving "Specified Sexual Activities", must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any sheriffs deputy or health officer retained as an employee by the City. (11) Every Adult -Oriented Business shall display at all times during business hours the permit issued pursuant to the provisions of Title 5, Chapter 27 of the Municipal Code for such Adult -Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult -Oriented Business. (12) Each Adult -Oriented Business Performer required to have a Permit shall have such card available for inspection at all times during which such person is on the premises of the Adult -Oriented Business. (13) It shall be unlawful for any permittee, operator, or other person in charge of any Adult -Oriented Business to employ, or provide service for which it requires such permit, to any person who is not at least eighteen (18) years of age. -25- 210 (14) It shall be unlawful for any Adult -Oriented Business permittee, Adult -Oriented Business operator or other person in charge of any Adult -Oriented Business to permit to enter, or remain within the Adult -Oriented Business, any person who is not at least eighteen (18) years of age. (15) It shall be unlawful for any Adult -Oriented Business owner, Adult -Oriented Business operator, manager, or Adult -Oriented Business permittee in charge of or in control of an Adult -Oriented Business which provides live entertainment depicting "Specified Anatomical Parts" or involving "Specified Sexual Activities" to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Adult -Oriented Business Performer Permit. (16) An applicant or Permittee shall permit representatives of the Sheriff's Department, Orange County Health Department, Orange County Fire Authority, Planning Services Department, or other City Departments or Agencies to inspect the premises of an Adult -Oriented Business for the purpose of insuring compliance with the law and the development and performance standards applicable to Adult - Oriented Businesses, at any time it is occupied or opened for business. A person who operates an Adult -Oriented Business or his or her agent or employee is in violation of the provisions of this Section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. (17) The provisions of the Section regulating Adult -Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse non-compliance with any other regulations pertaining to the operation of businesses as adopted by the City Council. SECTION 3. Severability If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, chapter, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more chapters, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. The City Council finds that this ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by Adult -Oriented Businesses. In this regard, the findings set forth in Section 1 of this ordinance are incorporated herein by reference. This ordinance either provides for the amendment of existing regulations applicable to Adult -Oriented will Businesses or, for the first time, provides for licensing regulations which are specifically applicable to Adult -Oriented Business uses. Such uses are already allowed under the City's existing zoning regulations. Therefore, it can be found with certainty that there is no possibility that this ordinance will have a significant adverse effect on the environment, and therefore the adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the CEQA Guidelines. This Ordinance shall take effect and be in force thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 18th day of .Novemher 11997. cid DAVID M. SWERDLIN, MAYOR ATTEST: -27- 211 212 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 802 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 4 , 1997, and adopted at a meeting held on Novemb r 18 1997, by the following vote: AYES: Councril..Members. Jones; Greiner;,Hart,. Campbell and Mayor'Swerdlin NOES: None ABSTAIN: None ABSENT: None CHERYL VW M