Ordinance No. 753 - Adult Oriented Businesses1
ORDINANCE NO. 753
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
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OF ROSEMEAD, CALIFORNIA, ADDING NEW
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PROVISIONS TO THE MUNICIPAL CODE OF THE CITY
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OF ROSEMEAD PERTAINING TO ADULT-ORIENTED
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BUSINESSES
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
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AS FOLLOWS:
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SECTION 1. The City Council of the City of Rosemead does hereby
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find, determine and declare that:
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A. It is the purpose and intent of this ordinance to provide
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for the reasonable and uniform regulation of adult-oriented
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businesses in the City of Rosemead. It is recognized that adult-
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oriented businesses have a serious deleterious effect upon
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adjacent areas, as well as the areas in which they are located.
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It is therefore the purpose of this ordinance to establish
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criteria and standards for the establishment and conduct of
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adult-oriented businesses which will protect the public health,
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safety, and welfare, preserve locally recognized values of
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community appearance, minimize the potential for nuisances
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related to the operation of adult-oriented businesses, and
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maintain local property values; and
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B. The City Council of the City of Rosemead wishes to promote
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the City of Rosemead's interest in protecting and preserving the
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quality of the residential, commercial, and industrial areas of
the City, and the quality of life through effective land use
planning; and
C. Prior to the adoption of this ordinance, the City Council
reviewed detailed studies prepared by other jurisdictions
regarding the detrimental social and economic effects on persons
and properties immediately surrounding established adult-oriented
businesses. These studies include those prepared by: Los
Angeles, California (1977); St. Paul, Minnesota (1978);
Whittier, California (1978); Phoenix, Arizona (1979); Houston,
Texas (1983); Indianapolis, Indiana (1984); Austin, Texas (1986);
Seattle, Washington (1989); the Attorney General of Minnesota
(1989); and Garden Grove, California (1991). Additionally, the
City Council has reviewed the decision of the Washington Supreme
Court in Northend Cinema, Inc. v. City of Seattle (1978) 585 P.2d
1153. These studies and the case show:
1. Adult-oriented businesses are linked to increases in
the crime rates, including sexual offenses, in surrounding
areas;
2. The increases in crime rates creates a fear among
citizens in the surrounding areas which causes them to alter
their living habits and also causes business owners to
change their hours of operation;
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3. The proximity of adult-oriented businesses to sensitive
land uses results in the blighting and downgrading of the
areas in which they are located;
4. The proximity of adult-oriented businesses adjacent to
residential, recreational, religious and educational uses
can cause other businesses and residents to move elsewhere;
5. There is a correlation between the existence of adult-
oriented businesses and the reduction of property values of
surrounding residential and commercial properties;
6. There is a correlation between the existence of adult-
oriented businesses and the loss of businesses in
surrounding commercial areas;
7. Adult-oriented businesses are associated with problems
such as excessive noise, drunk drivers and intoxicated
persons, litter and debris;
8. Pornographic material is often times readily accessible
in areas surrounding adult-oriented businesses and children
are therefore exposed to sexually explicit material;
9. When left unregulated, adult-oriented businesses tend
to create an aesthetic blight due to the garish colors and
types of signage which are generally used to attract
attention to the businesses; and
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10. The deleterious impacts of sexually oriented businesses
which are set forth above are exacerbated when they are
located near each other. When sexually oriented businesses
have multiple uses, one location can have the impact of
several separate businesses.
D. Based on the findings of the studies listed in subsection D
above, the City Council of Rosemead has determined:
1. To the greatest extent possible, adult-oriented
businesses should not be located in areas of the City which
are in close proximity of sensitive uses and should be
regulated in part by developing zoning which will separate
such land uses from other incompatible uses. In preparation
of this Ordinance, the City of Rosemead has taken the
location of residential, religious, school and park uses
into consideration and has determined that due to the
constitutional requirement of having to provide a reasonable
number of sites in which an adult-oriented business may
locate, it is not possible to limit the distance of adult
businesses from all sensitive land uses. The City Council
has therefore determined that in order to minimize the
impacts of adult-oriented businesses, the most important
concerns are to provide distance between such businesses and
schools, so that children are not exposed to such uses on a
daily basis and to prohibit a concentration of adult-
oriented uses in any one area as such concentration
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increases the negative impacts associated with these
businesses;
2. The image of the City of Rosemead as a pleasant, safe
and attractive place to reside will be adversely affected by
the presence of adult-oriented businesses in close proximity
to schools and the concentration of adult-oriented
businesses in one area;
3. The City Council believes that allowing adult-oriented
businesses in the C-3 (Medium Commercial) zone is
appropriate because location in such zone provides for an
ample number of accessible sites for adult-oriented
businesses;
4. It is appropriate to prohibit multiple adult-oriented
uses within one location in order to mitigate the compounded
adverse secondary affects associated with such
concentrations;
5. A reasonable regulation of the location of adult-
oriented businesses protects the image of the community and
its property values and protects its residents from the
adverse secondary effects of such adult-oriented businesses
which includes blighting and downgrading of surrounding
areas, while providing those who desire to patronize adult-
oriented businesses a constitutionally mandated opportunity
to do so in appropriate areas within the City;
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6. Regulations for adult-oriented businesses should be
developed to prevent deterioration and/or degradation of the
vitality of the community before the problem exists, rather
than waiting for a problem to be created;
7. Because the aforementioned studies show that sex-
related offenses are included within the category of
secondary effects caused by adult-oriented businesses, the
City Council believes that persons who have been convicted
of sex-related offenses have shown a propensity to commit
such offenses and should not be permitted to operate adult-
oriented businesses for two (2) years after such conviction
because the sexually-oriented nature of the business creates
an increased opportunity for the commission of such
offenses;
8. It is the purpose and intent of these regulations to
prevent adverse secondary effects from adult-oriented
businesses. Thus, in order to protect and preserve the
public health, safety, and welfare of the citizenry,
especially minors, the regulation of the time, place, and
manner of the location and operation of adult-oriented
businesses is necessary;
9. Zoning, licensing and other police power regulations
are legitimate reasonable means of accountability to ensure
that the operators of adult-oriented businesses comply with
reasonable regulations and are located in places which
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minimize the adverse secondary affects that naturally
accompany the operation;
10. The City of Rosemead has a legitimate health concern
about sexually transmitted diseases, including AIDS, which
demands reasonable regulations of adult-oriented businesses
in order to protect the health and well-being of its
citizens;
11. The City Council of Rosemead has considered the
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;
FWjPBS, Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v.
Glen Theater, Inc., 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991);
12. The City Council of Rosemead has determined that
locational criteria alone do not adequately protect the
health, safety and general welfare of the people of Rosemead
and thus certain requirements with respect to the ownership
and operation of adult-oriented businesses are in the public
interest; and
13. The City Council of Rosemead finds that additional
regulations, including restricted hours of operation will further
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prevent the adverse secondary effects of adult-oriented
businesses.
E. While the City Council of Rosemead desires to protect the
rights conferred by the United States Constitution to adult-
oriented businesses, it wishes to do 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.
F. It is not the intent of the City Council of Rosemead under
this ordinance nor any provision thereof, to condone nor
legitimize the distribution of obscene material, and the City
council recognizes that state law prohibits the distribution of
obscene materials and expects and encourages law enforcement
officials to enforce state obscenity statutes against such
illegal activities in Rosemead.
G. It is not the intent of the City Council in adopting this
ordinance to suppress any activities protected by the First
Amendment, but rather to enact a content neutral ordinance which
addresses the secondary effects adult-oriented businesses have on
the City.
H. The City has been studying amendments to the City's zoning
ordinance relating to the regulation of adult-oriented businesses
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within the City in order to regulate such uses in a manner which
ensures the continued orderly development of property within the
City and diminishes, to the greatest extent feasible, the
undesirable secondary effects shown to be associated with the
development and operation of adult-oriented businesses.
I. The City staff has prepared an initial study pursuant to the
California Environmental Quality Act ("CEQA"), has determined
that the proposed zoning amendments will not have any adverse
impact on the environment, and accordingly has prepared and
recommends adoption of a Negative Declaration.
SECTION 2. Pursuant to the City of Rosemead's CEQA Procedures
and State CEQA Guidelines, it has been determined that the
adoption of this ordinance will not have a significant impact on
the environment. This conclusion is based upon the record,
initial study and comments received during the public review
period. Therefore, a Negative Declaration has been prepared
according to CEQA. The City Council, having final approval
authority over this project, has reviewed and considered the
information contained in the Negative Declaration and the initial
study, and has also reviewed and considered any comments received
during the public review prior to the approval of this project.
Furthermore, the City Council has exercised its own independent
judgment in reaching the above conclusion. The City Council,
therefore, approves the Negative Declaration.
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Pursuant to Title XIV, California Code of Regulation,
Section 753.5(v)(1), the City Council has determined that, after
considering the record as a whole, there is no evidence that the
proposed project will have the potential for adverse effect on
wildlife resources or the habitat upon which the wildlife
depends. Furthermore, on the basis of substantial evidence, the
City Council hereby finds that any presumption of adverse impact
has been adequately rebutted. Therefore, pursuant to Fish and
Game Code Section 711.2 and Title XIV, California Code of
Regulations, Section 735.5(a)(3), the City Council finds that the
project has a de minimis impact and therefore the payment of Fish
and Game Department filing fees is not required in conjunction
with this project.
SECTION 3. A new Chapter 6 entitled "Adult-Oriented Businesses"
is hereby added to Article IX of the Municipal Code of the City
of Rosemead to read in its entirety as follows:
Chapter 6. Adult-Oriented Business Permits.
9600. Permitted Locations. Notwithstanding any other
provision of the Rosemead Municipal Code to the
contrary, adult-oriented business shall only be allowed
to locate in the C-3 zone, subject to the provisions of
this Chapter.
9601. Definitions. For the purpose of this Chapter, unless
the context clearly indicates otherwise, the words,
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terms, and phrases shall have the following meanings:
(a) "Adult Arcade" shall mean an establishment where,
for any form of consideration, one or more still
or motion picture projectors, slide projectors or
similar machines, for viewing by five or fewer
persons each, are used to show films, motion
pictures, video cassettes, slides or other
photographic reproductions which are characterized
by an emphasis upon the depiction or description
of specified sexual activities or specified
anatomical areas.
(b) "Adult Bookstore" or "Adult Video Store"
shall mean any establishment which:
(1) as a regular and substantial course of
conduct, displays and/or distributes sexually
oriented 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; or
(2) advertises the availability of the type of
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material described in subpart (1) above and
such advertisement is visible from the
outside of the building.
(c) "Adult Cabaret" shall mean a nightclub, bar,
lounge, restaurant or similar establishment
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 visual representations,
which are characterized by an emphasis on the
exposure, depiction or description of
specified sexual activities or specified
anatomical parts.
(d) "Adult Hotel/Motel" shall mean a hotel or motel
which: (1) provides to its patrons through
television, cable or satellite transmissions,
films, motion pictures, video cassettes, slides,
photographic reproductions or other medium,
material which is distinguished or characterized
by an emphasis on matter depicting, describing or
relating to specified sexual activities or
specified anatomical parts; and (2) advertises the
availability of the type of material described in
subpart (1) above so such advertisement is visible
from the outside of the building. [Note: Hotel/
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Motel rooms may not be rented more than once per
day. See Rosemead Municipal Code § 9181.1.30
(W) (X)
(e) "Adult Model Studio" shall mean any premise where
there is furnished, provided or procured a figure
model or models who pose for the purpose of being
observed, viewed, sketched, painted, drawn,
sculptured, photographed, filmed, video-taped, or
similarly depicted by any person who pays a
consideration or gratuity in any form for the
right or opportunity to so depict or observe the
figure model. "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
Section 94300 et seq. of the California Education
Code.
(f) "Adult Motion Picture Theater" shall mean an
establishment where, for any form of
consideration, films, motion pictures, video
cassettes, slides or similar photographic
reproductions are shown, and in which a regular
and substantial portion of the total presentation
time is devoted to the showing of material which
is characterized by an emphasis upon the depiction
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or description of specified sexual activities or
specified anatomical areas.
(g) "Adult-Oriented Businesses" shall mean any
establishment which as a regular or substantial
course of conduct performs or operates as an adult
bookstore, adult theater, adult motion picture
arcade, adult cabaret, adult model studio, adult
hotel/motel, or any other business establishment
which as a regular and substantial course of
conduct offers to its patrons products,
merchandise, services or entertainment
characterized by an emphasis on matter 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 establishment which, as a regular
or substantial course of conduct, provides or
allows performers, models, actors, actresses, or
employees to appear in any place in lingerie or
similar attire which does not opaquely cover
specified anatomical parts.
(h) "Adult Theater" shall mean a theater, concert
hall, auditorium or similar establishment which,
for any form of consideration, regularly features
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live performances which are characterized by the
exposure of specified anatomical areas or by
specified sexual activities.
(i) "Individual Viewing Area" shall mean any area
designed for occupancy of one person for the
purpose of viewing performances, pictures, movies,
videos or other presentations.
(j) "Person" shall mean person(s), firms,
corporations, partnerships, associations, or any
other forms of business organization or group(s).
(k) "Regular and substantial course of conduct" and
"regular and substantial portion" shall mean any
adult-oriented business where one or more of the
following conditions exist:
(1) The area(s) devoted to the display of
sexually oriented material or merchandise
exceeds twenty-five percent (25%) of the
total display area of the business; or
(2) The business presents any type of live
entertainment characterized by an emphasis on
specified sexual activity or specified
anatomical parts, or performers, models or
employees appearing in public dressed only in
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lingerie, on any four (4) or more separate
days within any twelve month period; or
(3) At least twenty-five percent (25%) of the
annual gross receipts as defined by, Section
993(f) of the Internal Revenue Code, of the
business are derived from the sale, trade,
rental, display or presentation of services,
products, sexually oriented material or
merchandise, or entertainment which are
characterized by an emphasis on matter
depicting, describing, or relating to
specified sexual activities or specified
anatomical areas. This section shall not
apply to any video store or bookstore which
physically separates sexually oriented
material from non-sexually oriented material
and does not advertise such sexually oriented
material.
(1) "Religious Institution" shall mean a structure
which is used primarily for religious worship and
related religious activities.
(m) "School" shall mean any child care facility, day
care facility or a public or private institution
of learning for minors, which offers instruction
in those courses of study required by the
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California Education Code or which is maintained
pursuant to standards set by the State Board of
Education. This definition includes a nursery
school, kindergarten, elementary school, 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.
(n) "Sexually-Oriented Material" shall mean any
element of sexually-oriented merchandise, or any
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 matter depicting,
describing or relating to specified sexual
activities or specified anatomical parts.
(o) "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 similarly sexually-oriented
devices which are designed or marketed primarily
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for the stimulation of human genital organs or
sado-masochistic activity.
(p) "Specified Anatomical Parts" shall mean:
(1) 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
(2) Human male genitals in a discernable turgid
state, even if completely and opaquely
covered.
(q) "Specified Sexual Activities" shall mean:
(1) Actual or simulated sex acts including
intercourse, oral copulation, anal
intercourse, oral or anal copulation,
bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture
in the context of a sexual relationship,
anilingus, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia,
pedophilia, piquerism, sodomy, or zooerastia;
or
(2) Masturbation, actual or simulated; or
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(3) Fondling or touching of nude human genitals,
pubic region, buttocks, anus, or female
breast; or
(4) Masochism, erotic or sexually-oriented
torture, beating or the infliction of pain;
or
(5) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a
human being; or
(6) Human excretion, urination, menstruation,
vaginal or anal irrigation; or
(7) Striptease, or the removal of clothing; or
(8) The wearing of transparent or diaphanous
clothing, including models dressed only in
lingerie to the point where specified
anatomical areas are exposed.
9602. Permit/Licenses Reguired. 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, an Adult Entertainment License and a Business
License from the City of Rosemead.
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9603. Application. Applicants for an Adult-Oriented Business
Permit shall file a written application on a form
supplied by the Planning Department, signed by the
property owner or authorized representative under
penalty of perjury. Said application form shall be
accompanied by a non-refundable fee in an amount set by
resolution of the City Council. The applicant shall
submit mailing labels for all real property owners
within a three hundred foot (3001) radius of the real
property boundaries on which the adult-oriented
business it to be located. Said mailing labels shall
be as shown on the latest equalized assessment roll or
as shown on more recent records of the county assessor
or tax collector. The application shall contain the
information specified below:
(a) The name(s) and mailing addresses of the property
owner(s) and proposed business operator(s);
(b) The property location, including assessor's parcel
number;
(c) The name and nature of the business and activities
proposed to be conducted on the property;
(d) The proposed hours of operation;
(e) The form(s) of security proposed;
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(f) The manner of enforcing age restrictions;
(g) A detail floor plan showing the location of all
walls and partitions, including the height and the
material of construction;
(h) The location of all doors and windows, including
sizes, materials, and coverings if any;
(i) All exterior elevations, including colors, signage
and any other appurtenances; and
(j) All other information required by the Director of
Planning to provide an explanation as to how the
proposed project will comply with the requirements
contained in Section 9605.
9604. Meetings, Hearings, and Notices. The City Council
shall hold a public hearing on the Adult-Oriented
Business Permit application.
(a) The matter shall be noticed as required by
Government Code Section 65091.
(b) At the hearing, the applicant, the City and any
interested person shall be entitled to present
relevant evidence and testify under oath. The
City Council shall not be bound by the traditional
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rules of evidence, except that hearsay evidence
may not be the sole basis for the City Council's
decision.
(c) The City Council shall hold a duly noticed public
hearing within thirty (30) days from the date on
which an application is submitted and determined
to be complete by the Planning Department or is
deemed complete by operation of law. This time
period may not be extended and the hearing may not
be continued without the written authorization of
the applicant.
(d) Within fifteen (15) calendar days of the hearing,
the City Council shall adopt a resolution
approving, conditionally approving, or denying the
issuance of the Adult-Oriented Business Permit
based upon the requirements contained in section
9605. For the purposes of this Chapter,
conditions may only be imposed to ensure
compliance with the requirements contained in
Section 9605.
(e) The applicant shall be provided with written
notification of the City Council's decision and
the reasons therefor within three (3) working days
of the date of the decision. The notice shall
specify that the decision of the City Council is
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final and that any judicial action challenging the
decision must be commenced within ninety (90) days
after the date of the decision in accordance with
Code of Civil Procedure Section 1094.6.
(f) Notice of the decision shall be provided to the
applicant by personal service or by registered
mail, return receipt requested. Notices shall be
provided to any other interested party who has
requested the same by regular mail.
9605. Requirements For Permit Issuance. The City Council
shall issue an Adult-Oriented Business Permit if the
following requirements are met:
(a) The adult-oriented business shall be located only
in the C-3 zone.
(b) The adult-oriented business shall not be located
within one thousand feet (10001) of any other
adult-oriented business. No more than one adult-
oriented use may be operated from any one
business.
(c) The adult-oriented business shall not be located
within one thousand feet (10001) of any lot upon
which there is properly located a school.
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(d) The adult-oriented business shall comply with all
applicable development and design standards for
the C-3 zone, in addition to the requirements set
forth in this Chapter. However, if the adult-
oriented business is the sole use on a lot, no
landscaping shall exceed thirty (30) inches in
height, except trees with foliage not less than
six (6) feet above the ground notwithstanding any
landscaping requirements to the contrary.
(e) The adult-oriented business shall comply with the
City's sign regulations and all other applicable
zoning requirements.
(f) The adult-oriented business shall not be located
in whole or in part within any portable or mobile
structure or pushcart.
(g) The adult-oriented business shall not conduct or
sponsor any special events, promotions, festivals,
concerts, or other similar events which would
increase the demand for parking beyond the
approved number of spaces for the particular use.
(h) The adult-oriented business shall not conduct any
massage, acupuncture, tattooing, acupressure,
fortune telling or escort services on the premise
nor shall any such business be conducted from the
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same premise as the adult-oriented business.
(i) The adult-oriented business shall provide a
security system that visually records and monitors
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all parking lot areas. Recordings made pursuant
to this requirement shall be required to be
maintained for a minimum of a fourteen (14) day
period.
(j) All indoor areas of the adult-oriented business
which are accessible to the public shall be open
to public view at all times, with the exception of
restroom facilities. "Accessible to the public"
shall include, but not be limited to, those areas
which are only accessible to members of the public
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who pay a fee and/or join a private club or
organization.
(k) The adult-oriented business shall not display any
sexually-oriented material of sexually-oriented
merchandise which would be visible from any
location other than from within the adult-oriented
business.
(1) The adult-oriented business shall not allow
admittance of any person under the age of 18 if no
liquor is served, or under the age of 21 if liquor
is served and shall be posted accordingly at the
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entrance to the adult-oriented business.
(m) The adult-oriented business shall not operate
between the hours of 2:00 A.M. and 6:00 A.M.
(n) The adult-oriented business shall provide and
maintain separate restroom facilities for male
patrons and employees and female patrons and
employees. Male patrons and employees shall be
prohibited from using the restroom(s) for females,
and female patrons and employees shall be
prohibited from using the restroom(s) for males,
except to carry out duties of repair, maintenance
and cleaning of the restroom facilities. The
restrooms shall be free from any adult-oriented
material. Restrooms 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-oriented business
which deals exclusively with sale or rental of
adult-oriented material which is not used or
consumed on the premises, such as an adult
bookstore or adult video store, and which-does not
provide restroom facilities to its patrons or the
general public.
(o) All areas of the adult-oriented business shall be
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illuminated at a minimum of 15 foot-candle,
minimally maintained and evenly distributed at
ground level. However, such lighting shall not be
installed so as to prevent the viewing of adult
material in an individual viewing area or in an
adult arcade or theater.
(p) No solicitation of trade may be made at or near
the entrance to the adult-oriented business by any
means other than signage which complies with the
City's sign regulations.
(q) All required permits and licenses shall be
conspicuously posted at a location where they may
be observed by any member of the public.
(r) Any adult-oriented business which allows customers
to remain on the premises while viewing any live,
filmed or recorded entertainment, or while using
or consuming the products or service supplied on
the premises, shall conform to the following
requirements:
(1) At least one (1) security guard shall be on
duty outside the premises, patrolling the
grounds and parking areas, at all times while
the business is open. If the occupancy limit
of the premises is greater than fifty (50)
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persons, an additional security guard shall
be on duty inside the premises. The security
guard(s) shall be charged with preventing
violations of law and enforcing compliance by
patrons with the requirements of this
chapter, and notifying the Sheriff's
Department and Code Enforcement Officer of
any violations of law observed. Any security
guard required by this subparagraph shall be
uniformed in such manner so as to be readily
identifiable as a security guard by the
public. No security guard required pursuant
to this subparagraph shall act as a
doorperson, ticket seller, ticket taker, or
admittance person while acting as a security
guard hereunder; and
(2) No exterior door or window on the premises
shall be propped or kept open at any time
while the business is open, and any exterior
windows shall be covered with opaque covering
at all times; and
(3) Permanent barriers shall be installed and
maintained to screen the interior of the
premises from public view for each door used
as an entrance/exit to the business.
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(s) The following additional requirements shall
pertain to Adult Arcades which provide one (1) or
more viewing area(s) or any adult-oriented
business which has at least one individual viewing
area:
(1) The application for the adult-oriented
business permit shall be accompanied by a
diagram of the premises showing a plan
specifying the location of one (1) or more
manager's stations, 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 with no dimension greater than
eight (8) feet. 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 adult-oriented business to an accuracy
of plus or minus six (6) inches; and
(2) At least one (1) employee is on duty and
situated at each manager's station at all
times that any patron is present; and
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(3) The interior shall be configured in such a
manner so that there is an unobstructed view
from a manager's station of every area to
which any patron is permitted access for any
purpose, excluding restrooms. If two (2) or
more manager's stations are designated, then
the interior shall be configured in such a
manner that there is an unobstructed view of
each area to which any patron is permitted
access for any purpose, excluding restrooms,
from at least one (1) of the manager's
stations. The view required in this sub-
section must be by direct line of sight from
the manager's station. No alteration in the
configuration or location of a manager's
station(s) may be made without the prior
approval of the Planning Director; and
(4) All individual viewing areas within the
adult-oriented business shall be visible from
a continuous and visually accessible main
aisle in a public portion of the
establishment, and shall not be obscured by
any door, curtain, wall, two-way mirror or
other device which would prohibit a person
from seeing into the individual viewing area
are visible at all times in order to enforce
all rules and regulations; and
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(5) No individual viewing area may be occupied by
more than one (1) person at any one time; and
(6) Individual viewing areas shall be operated
and maintained without any hole or other
opening or other means of direct
communication or visual or physical access
between the interior space of two (2) or more
individual viewing areas.
(t) The following additional requirements shall
pertain to adult-oriented businesses providing
live entertainment depicting specified anatomical
areas or involving specified sexual activities:
(1) No person shall perform live entertainment
for patrons of an adult-oriented 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 patron shall be permitted
within six (6) feet of the stage while the
stage is occupied by an entertainer.
'Entertainer' shall mean any person who is an
employee or independent contractor of the
adult-oriented business, or any person who,
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without any compensation or other form of
consideration, performs live entertainment
for patrons of an adult-oriented business;
and
(2) Separate dressing room facilities for
entertainers which are exclusively dedicated
to the entertainers' use; and
(3) An entrance/exit shall be provided for
entertainers which is separate from the
entrance/exit used by patrons; and
(4) Access shall be provided for entertainers
between the stage and the dressing rooms
which is completely separated from the
patrons. If such separate access is not
physically feasible, a minimum three-foot
(31) wide walk aisle shall be provided for
entertainers between the dressing room area
and the stage, with a railing, fence or other
barrier separating the patrons and the
entertainers capable of (and which actually
results in) preventing any physical contact
between patrons and entertainers; and
(5) No entertainer, either before, during or
after performances, shall have physical
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contact with any patron and no patron shall
have physical contact with any entertainer
either before, during or after performances
by such entertainer; and
(6) Fixed rail(s) at least thirty (30) inches in
height shall be maintained establishing the
separations between entertainers and patrons
required by this paragraph.
(u) No adult-oriented business shall be allowed to
sell, serve, or permit the consumption of alcohol.
9606. Measurement of Distance.
(a) The distance between an adult-oriented business
and the uses listed in Section 9605 (b) and (c)
above shall be measured in a radius, without
regard to intervening structures, from the
property lines of the parcel on which the adult-
oriented business is located to the nearest
property line of such uses.
(b) Once an adult-oriented business lawfully obtains
an adult-oriented business permit to locate in the
C-3 zone, the subsequent establishment of any use
listed in Section 9605(b) or (c) above within the
restricted distances shall not render the adult-
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oriented business non-conforming.
9607. Inspections. The permittee shall permit officers of
the City of Rosemead, Los Angeles County, and each of
their authorized representatives to conduct unscheduled
inspections of the premises of the adult-oriented
business for the purpose of ensuring compliance with
the law at any time the adult-oriented business is open
for business or occupied.
9608. Revocation.
(a) Revocation Grounds. The Planning Director shall
revoke an Adult-oriented Business Permit when he
or she discovers that any of the following have
occurred:
(1) The adult-oriented business has been operated
in violation of any of the requirements of
this Chapter, or if the violation is of a
noncontinuous nature, the business continues
to be operated in violation of such provision
for more than ten (10) days following the
date written notice of such violation is
mailed or delivered to the Permittee, or if
the violation is of a noncontinuous nature
two (2) or more additional violations of the
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same provision, or four (4) or more
violations of any other of the provisions of
this Chapter occur within any twelve (12)
month period; or
(2) The application is found to contain
incorrect, false or misleading information;
or
(3) A court of competent jurisdiction has found
the adult-oriented business to constitute a
public nuisance.
(b) Revocation Notice. Upon determining that the
grounds for permit revocation exist, the Planning
Director shall furnish written notice of the
revocation to the permittee. Such notice shall
summarize the principal reasons for the
revocation, and shall state that the permittee may
file an appeal of the Director's decision with the
City Clerk within twenty (20) calendar days after
the date of the notice and that absent a timely
appeal, the revocation by the Planning Director is
final. A timely appeal shall stay the revocation
pending final decision by the City Council.
(c) Appeal. Upon receipt of a written appeal setting
forth the grounds of the appeal and an appeal fee
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set in an amount to be determined by the City
Council,-the City Clerk shall schedule a public
hearing on the appeal to be heard before the City
Council within twenty-one (21) calendar days of
receipt of such request. Notice of the appeal
hearing shall be provided as required by
Government Code Section 65091 and to any other
interested party who has requested such notice.
This time period may not be extended and the
hearing may not be continued without written
authorization of the permittee.
(d) Hearing. At the hearing, the permittee, the City
and all interested persons shall be entitled to
present relevant evidence and testify under oath.
The City Council's determination shall be based on-
the same factors as specified in Section 9608
above. The City Council shall not be bound by the
traditional rules of evidence, except that hearsay
evidence may not be the sole basis for the
determination.
(e) Within fifteen (15) calendar days of the
conclusion of the hearing, the City Council shall
rule on the appeal and set forth its decision in
writing, along with the reasons therefor. The
applicant shall be provided with written
notification of the decision and the reasons
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therefor within three (3) working days of the
decision.
(f) The notice shall specify that the decision of the
City Council is final and that any judicial action
to challenge the decision must be commenced within
ninety (90) days following the date of the
decision in accordance with Code of Civil
Procedure Section 1094.6.
(g) Notices of the revocation and of the decision, if
appealed, shall be delivered by personal service
or sending the same, certified mail, return
receipt requested and postage prepaid,.to the
permittee as that name and address appear on the
permit. In addition, the Notices shall be posted
at the location of the adult-oriented business.
9609. Moratorium After Revocation. If an adult-oriented
business permit is revoked, no adult-oriented business
permit shall be issued for the same location for a
period of two (2) years.
9610. Discontinued Use. Notwithstanding any provision to the
contrary in this Code, if an adult-oriented business is abandoned
for a period of six consecutive months, the City Council shall,
after public hearing, have the authority to revoke the adult-
oriented business permit. The public hearing shall be noticed in
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accordance with Government Code Section 65091.
9611. Violation and Penalty.
(a) Every person, whether acting as an individual
owner, employee of the owner, permittee, or
operator or employee of the permittee, or whether
acting as a mere helper for the owner, permittee
employer or operator, or whether acting as a
participant or worker in any way, who operates or
conducts or who participates in the operation of
an unpermitted adult-oriented business, or who
violates any provisions of this Chapter, including
but not limited to any provision of Section 9605,
shall be guilty of a misdemeanor and shall be
fined not more than One Thousand Dollars
($1,000.00) for each offense or imprisoned for not
more than six (6) months in the county jail for
each offense, or both. Each day the violation
continues shall be regarded as a separate offense
for which the full penalty may be imposed.
(b) Any establishment operated, conducted or
maintained contrary to the provisions of this
Chapter is unlawful and a public nuisance, and the
City Attorney may, in addition to or in lieu of
prosecuting a criminal action hereunder, commence
an action or actions, proceeding or proceedings
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for the abatement, removal and enjoinment thereof
in the manner provided by law, and shall take such
other steps and shall apply to such court or
courts as may have jurisdiction to grant such
relief as will abate or remove such adult-oriented
business and restrain and enjoin any person from
operating, conducting or maintaining such an
establishment contrary to provisions of this
Chapter.
SECTION 4. Section 9111.6 is hereby added to the Rosemead
Municipal Code to read as follows:
9111.6 Adult-Oriented Businesses. Adult-oriented businesses
shall be allowed to locate in the C-3 zone subject to
obtaining an adult-oriented business permit in
accordance with section 9600 et sea. of this Code. In
addition to an adult-oriented business permit, a
business license and adult entertainment license must
also be obtained prior to an adult-oriented business
being allowed to operate.
SECTION 5. Chapter 9 is hereby added to Article VI of the
Rosemead Municipal Code to read as follows:
CHAPTER 9 ADULT-ORIENTED BUSINESSES
6901. Definitions. For the purposes of this Chapter, the
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definitions contained herein shall have the following
meaning unless another meaning is otherwise apparent
from the context:
(a) The definitions contained in chapter 6 of
Article IX shall apply herein.
(b) "Adult Entertainment License" shall mean a license
issued by the City Council for the operation of an.
adult-oriented business.
(c) "Licensee" shall mean the person or entity to whom
an Adult Entertainment License is issued.
(d) "Person Who Has Engaged In Disqualifying Conduct"
shall mean a person who:
(1) Within the four (4) years immediately
preceding the date of filing of the
application in question or the date of the
revocation notice provided pursuant to
Section 6912, has been convicted of any
misdemeanor or felony offense which
relates directly to the operation of an
adult-oriented business;
(2) Within the four (4) years immediately
preceding the date of filing of the
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application in question or the date of the
revocation notice provided pursuant to
Section 6912, has been found to be
maintaining a nuisance in connection with an
adult-oriented business or has been subject
to an injunction against the conducting or
maintaining of a nuisance under any
applicable laws, including Penal Code
section 11225 et seq.;
(3) Within the four (4) years immediately
preceding the date of filing of the
application in question or the date of the
revocation notice provided pursuant to
Section 6912, has been convicted of any
offense which is classified as an offense
involving sexual crimes against children,
sexual battery or abuse, rape, distribution
of material harmful to minors, prostitution,
pandering or lewd conduct, including, but not
necessarily.limited to, the violation of any
crime requiring registration under California
Penal Code Section 290.
(e) "Qualifying Interest" shall mean: if the applicant
is a corporation, each officer, director, and
stockholder owning a minimum of ten percent (10%)
of the stock of the corporation; if the applicant
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is a partnership, each partner, including limited
partners; if the Applicant is some other form of
business enterprise, all individuals owning a
minimum of a ten percent (10%) ownership interest
therein.
6902. Adult Entertainment License Required.. It shall be
unlawful for any person to conduct or permit to be
conducted an adult-oriented business without first
obtaining an Adult Entertainment License from the City
Council. In addition to each Adult Entertainment
License that is required, an adult-oriented business is
also required to obtain an adult-oriented use permit
and a business license in accordance with the
provisions of this Code. When an Adult Entertainment
License is required pursuant to this Chapter, no
separate entertainment license shall be required of the
applicant.
6903. Sale/Transfer Prohibited. No Adult Entertainment
License shall be sold, transferred, or assigned by any
license holder, or by operation of law, to any other
person, group, partnership, corporation or any other
entity, and any such sale, transfer or assignment, or
attempted sale, transfer, or assignment shall be deemed
to constitute a voluntary surrender of such license,
and such license shall be thereafter null and void.
For purposes of this section, an acquisition by any
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person, group, partnership or other entity of at least
ten percent (10%) of the adult-oriented business shall
be considered a sale, transfer or assignment.
6904. Application For An Adult Entertainment License.
Applicants for an Adult Entertainment License shall
file a written application, signed under penalty of
perjury, on a form provided by the Sheriff's
Department. Said application shall be accompanied by a
fee in an amount to be determined by resolution of the
City Council. The information requested in items (a),
(c), (f) and (g) as to the Applicant shall be supplied
for all individuals with a Qualifying Interest as well
as for the person(s) having management or supervision
of the adult-oriented business. The application shall
contain the information specified below:
(a) The name and birth date of the Applicant; if the
Applicant is a corporation, the name shall be
exactly as set forth in its Articles of
Incorporation;
(b) The location and assessor's parcel number at which
the business is to be conducted;
(c) The residence address of the Applicant;
(d) A detailed description of the type of adult-
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oriented business to be conducted, including the
number of persons engaged in the business;
(e) The name(s) and birth date(s) of the person(s)
having the management or supervision
responsibility of Applicant's business;
(f) Whether the Applicant is a person who has engaged
in Disqualifying Conduct as defined in Section
6901 above and if so, the dates and details
relating to the Disqualifying Conduct;
(g) Whether the Applicant holds or has previously held
any other permits, licenses, or entitlements for
an adult-oriented business from another city or
county, and if so the names and locations of such
businesses and whether such permit, license or
entitlement is still in effect or has been
suspended, revoked, or abandoned.
6905. Investigation. Upon receipt of an application properly
filed, the Sheriff's Department shall immediately
thereafter send photocopies of the application to any
other City departments or other agencies responsible
for enforcement of health, fire and building codes and
laws. Each department or agency shall promptly conduct
an investigation of the Applicant, application and the
proposed adult-oriented business in accordance with its
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responsibilities under law and as set forth in this
Chapter. Said investigation shall be completed within
twenty-five (25) days of receipt of the application by
the Sheriff's Department. At the conclusion of its
investigation, each department or agency shall forward
its recommendation on the application to the Sheriff's
Department, and in the event of disapproval, state the
reasons therefor.
6906. Recommendation: Based on its own investigation and
that of the other departments or agencies responsible
for enforcement of health, fire and building codes and
laws, the Commander shall make a final recommendation
to the City Council as to whether said application
should be approved, conditionally approved or denied.
6907. City Council Decision.
(a) The City Council shall hold a hearing on the Adult
Entertainment License application within thirty
(30) days of the City's receipt of a complete
application. This time period may not be extended
and the hearing may not be continued without the
written authorization of the applicant.
(b) At the hearing, the applicant and the City shall
be entitled to present relevant evidence, testify
under oath, and call witnesses who shall testify
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under oath. The City shall not be bound by the
traditional rules of evidence, except that hearsay
evidence may not be the sole basis for the City
Council's determination.
(c) Within fifteen (15) calendar days of the
conclusion of its hearing, the City Council shall
approve, conditionally approve, or deny the
issuance of the Adult Entertainment License based
upon the requirements contained in this Chapter.
Conditions may only be imposed to ensure
compliance with the requirements contained in this
Chapter.
(d) The applicant shall be provided with written
notification of the City Council's decision and
the reasons therefor within three (3) working days
of the date of the City Council's decision. The
notice shall specify that the decision of the City
Council is final and that any judicial action
challenging the decision must be commenced within
ninety (90) days after the date of the decision in
accordance with Code of Civil Procedure Section
1094.6.
(e) Notices shall be provided to the applicant by
personal service or by registered mail, return
receipt requested and postage prepaid.
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6908. Granting or Denial of Adult Entertainment License. The
City Council shall grant an Adult Entertainment License
to the Applicant unless it finds at least one of the
following conditions present:
(a) That an Applicant has knowingly made any false,
misleading or fraudulent statement of material
fact in the application for an Adult Entertainment
License;
(b) That an Applicant is a person who has engaged in
Disqualifying conduct as defined in Section 6901
above;
(c) That an Applicant is under eighteen (18) years of
age.
6909. Inspection. An Applicant or Licensee shall permit
representatives of the Sheriff's Department, Health
Department, Fire Department, Planning 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, 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/she refuses to permit such lawful
inspection of the premises at any time it is occupied
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•
0 23 purpose of conducting a private club during such
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6910. Operating Conditions. An adult-oriented business which
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is granted an Adult Entertainment License shall adhere
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to the following operating conditions:
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(a) A manager(s) or other individual must be present
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person shall be responsible for all actions of the
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business while on duty.
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(b) The names of all managers, plus a twenty-four (24)
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hour emergency contact shall be provided to the
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Sheriff's Department.
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(c) No person may be employed by the adult-oriented
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business if within the last two years that
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individual is a person who has engaged in
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Disqualifying Conduct as defined in Section 6901
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above.
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(d) No adult-oriented business may be used for the
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hours as the business is not open to the public.
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6911. Continuing Duty To Supply Information. Licensees shall
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have a continuing duty to promptly supplement
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application information required by this Section in the
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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 Sheriff's Department,
shall be grounds for revocation of the License.
6912. Revocation. An Adult Entertainment License shall be
revoked or a renewal application shall be denied if any
of the following exist:
(a) Any ground exists which would have constituted
grounds for denial of the original application
under Section 6908;
(b) The adult-oriented business has not been operated
in accordance with the requirements of Section
6910;
(c) If, on one (1) or more occasions within a twelve
(12) month period, a person or persons has (have)
been convicted of a felony or misdemeanor offense,
which offense has occurred as a result of or has
originated from such persons' activity on the
premises or property on which the adult-oriented
business is located, and the person or persons
were employees or agents of the adult-oriented
business at the time the offenses were committed;
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(d) If the Licensee or any employee of the Licensee
has knowingly allowed prostitution, or
solicitation for prostitution, on the premises;
(e) The adult-oriented business has been operated in
violation of any of the requirements of this
Chapter and, (i) if the violation is of a
continuous nature, the business continues to be
operated in violation of such provision for more
than-ten (10) days following the date written
notice of such violation is mailed or delivered to
the Licensee, or (ii) if the violation is of a
noncontinuous nature two (2) or more additional
violations of the same provision, or four (4) or
more violations of any other of the provisions of
this Chapter occur within any twelve (12) month
period;
(f) That the adult-oriented business has employed
minors;
(g)
That the
adult-oriented
business permit for the
use has
been suspended
or revoked.
6913. Hearing on Revocation of License.
(a) Revocation Notice. Upon determining that the
grounds for permit revocation exist, the Commander
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shall furnish written notice of the revocation to
the Licensee. Such notice shall summarize the
principal reasons for the revocation, and shall
state that the Licensee may file an appeal of the
Commander's decision with the City Clerk within
twenty (20) calendar days after the date of the
notice. Absent a timely appeal, the revocation by
the Commander is final. A timely decision shall
stay the revocation pending final decision by the
City Council.
(b) Appeal. Upon receipt of a written appeal and an
appeal fee set in an amount to be determined by
the City Council, the City Clerk shall schedule a
hearing on the appeal to be heard before the City
Council within twenty-one (21) calendar days of
receipt of such request.
(c) Hearing. At the hearing, the licensee and the
City shall be entitled to present relevant
evidence, testify under oath, and call witnesses
who shall testify under oath. The City Council's
determination shall be based on the same factors
as specified in Section 6912 above. The City
Council shall not be bound by the traditional
rules of evidence, except that hearsay evidence
may not be the sole basis for the City Council's
determination. Within fifteen (15) calendar days
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of the conclusion of the hearing, the City Council
shall rule on the appeal and set forth its
decision in writing, along with the reasons
therefor. The applicant shall be provided with
written notification of the City Council's
decision and the reasons therefor within three (3)
workings days of the City Council's decision. The
notice shall specify that the decision of the City
Council is final and that any judicial action to
challenge the decision must be commenced within
ninety (90) days following the date of the
decision in accordance with Code of Civil
Procedure Section 1094.6.
(d) Notices of the revocation and of the decision, if
appealed, shall be delivered by personal service
or sending the same, certified mail, return
receipt requested and postage prepaid, to the
licensee as that name and address appear on the
license. In addition, the Notices shall be posted
at the location of the adult-oriented business.
6914. Moratorium On Reapplying After Revocation or Denial.
If an Adult Entertainment License has been revoked or
denied, the Applicant shall not be issued a new Adult
Entertainment License for a minimum period of two (2)
years from the date of revocation or denial, unless the
City Council finds that the basis for such revocation
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or denial has been corrected.
6915. Regulations Nonexclusive. The regulations set forth in
this Chapter are not intended to be exclusive and
compliance therewith shall not excuse noncompliance
with any other regulations pertaining to the operation
of adult-oriented businesses as adopted by the City
Council of the City of Rosemead.
6916. Violations/Penalties. Any firm, corporation or person,
whether as principal, agent, employee or otherwise,
violating or causing the violation of any of the
provisions of this Chapter shall be guilty of a
misdemeanor, and any conviction thereof shall be
punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment for not more
than six (6) months, or by both such fine and
imprisonment. Any violation of the provisions of this
chapter shall constitute a separate offense for each
and every day during which such violation is committed
or continued.
6917. Public Nuisance. In addition to the penalties set
forth at Section 6916 above, any adult-oriented
business which is operating in violation of this
Chapter or any provision thereof is hereby declared to
constitute a public nuisance and, as such, may be
abated or enjoined from further operation.
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6918. Conflicting Ordinances Repealed. All ordinances or
parts of ordinances, or regulations in conflict with
the provisions of this Chapter are hereby repealed.
SECTION 6. If any section, subsection, sentence, clause or word
of this ordinance is for any reason held to be invalid by a court
of competent jurisdiction, such decisions shall not affect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Rosemead hereby declares that it would
have passed and adopted this Ordinance, and each and all
provisions thereof, irrespective of the fact that any one or more
of said provisions may be declared to be invalid.
SECTION 7. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published as required by
law.
PASSED AND APPROVED this /3-d day of , 1995.
ATTEST:
NANCY VA DERRAMA, City Clerk
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k
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
)
ss.
I, Nancy Valderrama, City Clerk of the City of Rosemead, do
hereby certify that the foregoing ordinance No. 753 being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADDING NEW PROVISIONS TO THE
MUNICIPAL CODE OF THE CITY OF ROSEMEAD PERTAINING TO
ADULT-ORIENTED BUSINESSES
was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 23rd day of
May , 1995, and that thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 13th day of June 1995, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Clark, Vasquez, Bruesch
COUNCILMEMBERS:
COUNCILMEMBERS:
Taylor
Imperial
NANCY VAL ERRAMA, City Clerk
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