CC - Item 9C - Municipal Code Amendment 10-04 - Revising Regulations Pertaining to the Development and Operation of Adult Businesses In The CityROSEMEAD CITY COUNCIL
STAFF REPORT
T0: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MARCH 22, 2011
SUBJECT: MUNICIPAL CODE AMENDMENT 10 -04, AMENDING THE ROSEMEAD
MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO THE
DEVELOPMENT AND OPERATION OF ADULT BUSINESSES IN THE
CITY OF ROSEMEAD
SUMMARY
Municipal Code Amendment 10 -04 is a City initiated amendment to revise Title 5
(Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal
Code. The purpose of the amendments are to revise the regulations for adult
businesses in order to prevent their concentration or proximity to incompatible uses, and
avoid negative secondary effects associated with adult business uses. The proposed
adult business Urgency Ordinance No. 914 (Exhibit "A ") and regular Ordinance No. 903
(Exhibit "B ") address licensing /permitting provisions, operating standards, and zoning
limitations for these adult businesses.
This item was presented to the Planning Commission for consideration on March 7,
2011. At that hearing the Planning Commission reviewed the proposed adult business
regulations. No members of the public testified for or against the proposed
amendments. At the conclusion of the hearing, the Planning Commission adopted
Resolution No. 11 -02, recommending that the City Council ADOPT Ordinance No. 903
(Exhibit "B "). The Planning Commission staff report, meeting minutes, and Resolution
No. 11 -02 are attached as Exhibits "C ", "D ", and "E ", respectively.
Staff Recommendation
It is recommended that the following actions are taken:
1. The City Council hold the noticed public hearing, receive public testimony;
2. The City Council move to adopt Urgency Ordinance No. 914 (Exhibit "A ") to
regulate adult businesses and file the Notice of Exemption for the project;
3. The City Council move to adopt Resolution No. 2011 -11 (Exhibit "F "),
establishing business license fees for Adult Model Studios and Adult
Performers; and
MM NO,
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4. The City Council move to Introduce for First Reading, by title only, Ordinance
No. 903 (Exhibit "B ") to regulate adult businesses and to bring back
Ordinance No. 903 to the City Council meeting of April 12, 2011, for
consideration of adoption.
BACKGROUND
The existing Rosemead Municipal Code (RMC) regulations for adult businesses are
contained within Chapters 5.08, 17.44, and 17.80 of the RMC. These regulations were
adopted by Ordinance No. 753 on May 25, 1995. Chapter 5.08 contains the current
business licensing requirements for adult- entertainment businesses. These include
application, investigation, inspection, and operating requirements as well as procedures
for hearings and revocations. The City Council must approve all adult - entertainment
license applications. A standard business license is also required.
Chapter 17.44 of the RMC allows adult— oriented businesses to locate in the C -3
(Medium Commercial) zone subject to the approval of an adult- oriented business permit
by the City Council in accordance with Chapter 17.80 of the RMC.
Chapter 17.80 of the RMC contains the land use regulations for adult- oriented
businesses. This chapter contains definitions, permit application procedures, and
development standards to protect the community from the negative secondary affects of
adult- oriented businesses. In addition to the adult - entertainment license and standard
business license required by Chapter 5.08, the City Council must also approve an adult -
oriented business permit required by Chapter 17.80 at a duly noticed public hearing.
On June 30, 2009, The City Council determined that the adult business regulations
should be revised and updated. Pursuant to Government Code section 65858, the
Rosemead City Council _enacted Urgency Ordinance No. 878 (Exhibit "G "), which
imposed a moratorium on the approval of applications for land use entitlements for adult
businesses for a period of 45 days (the "Initial Ordinance ") while the City's regulations
and recent developments in case law related to adult business regulations were studied.
The City Council subsequently adopted Ordinance No. 880 to extend the moratorium for
an additional ten (10) months and fifteen (15) days.
While City staff has begun a review of these studies, it was determined that additional
time was needed to reach a conclusion as to the changes that are needed to Ordinance
No. 753 in order for that ordinance to reflect the proper balance between time, place, and
manner regulations that address the adverse secondary effects of adult businesses and
the expressive activities protected by the First Amendment of the United States and
California Constitutions. In addition, City staff requested time to craft an appropriate
balance between the legal protections afforded adult businesses and the community's
legitimate concerns about the secondary effects of those businesses.
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March 22, 2011
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On May 11, 2010, the City Council adopted Urgency Ordinance No. 894 to extend the
moratorium for one (1) additional year to May 10, 2011.
As a precautionary measure, staff is proposing both an urgency ordinance (Ordinance
No. 914) and a regular Ordinance (Ordinance No. 903). State Government Code
Section 36937 authorizes the City to adopt an urgency ordinance to protect the health,
safety, and welfare. As indicated in the urgency ordinance, it is urgent for the immediate
preservation of the public health, safety, and welfare that the City adopt this urgency
ordinance to ensure that the City has legal and effective adult business regulations in
place when the moratorium expires so there is no period of time in which the City lacks
necessary adult business regulations. The regular ordinance is also proposed in the
event that the City's urgency findings are challenged and the City is left without a back-
up ordinance in place.
ANALYSIS
Legal Basis /Constitutional Constraints
Certain adult businesses, such as adult bookstores, adult videos stores, and adult
cabarets, engage in activities recognized as protected speech under the First
Amendment of the United States Constitution. Traditional constitutional analysis divides
the range of protected speech regulations into two main categories: (1) content based;
and (2) content neutral (i.e., regulations not based on content but rather imposing
reasonable time, place, and manner restrictions). Content -based regulation is
specifically aimed at the speech's content. Any such content based regulation carries
with it a very high burden for a public agency to show it has a compelling interest in
such regulation. In contrast, content neutral regulations are aimed at protecting
governmental interests unrelated to the content of speech, such as traffic or noise
regulation applied to all types of commercial uses, for purposes of furthering the public
health, safety, and welfare.
The proposed ordinances are designed to satisfy the content neutrality standard by
narrowly tailoring the regulations to further the City's purposes and goals in limiting and
preventing the negative secondary effects associated with adult businesses.
As a result of the First Amendment protection afforded to various adult businesses
(adult bookstores, video stores and live entertainment), conditions cannot simply be
imposed upon an adult facility in an effort to preclude the facility's operation. Any
condition(s) must be predicated on the reduction of the secondary effects. These
adverse secondary effects include: urban blight, increased crime, decreased property
values, diminished retail trade, prostitution, the spread of sexually transmitted diseases,
and illegal drug transactions. It is important to note that the purpose of the proposed
regulations is not to prohibit or otherwise regulate child pornography or obscenity
because such material is not now, nor has it ever been, granted constitutional
protection, and is regulated by other State and federal regulations. Furthermore, local
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March 22, 2011
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regulation of obscene material has been preempted by state and federal law. Therefore,
the intent of the proposed regulations is to address the adverse secondary effects that
are caused by adult entertainment facilities.
Case law also recognizes that a community can plan ahead and put in place operational
and zoning standards prior to the entry of an adult facility into the community. The
United States Supreme Court held that it is not necessary for a city to conduct its own
studies regarding the presence of negative secondary side effects associated with adult
businesses. (See City of Los Angeles v. Alameda Books, 535 U.S. 425 (2002)
[ "Alameda Books "]). The Court specifically determined that cities may reasonably rely
on the experiences and studies of other cities in concluding that adult businesses create
the aforementioned negative secondary side effects.
The supporting materials referenced in this staff report, as well as input from
Community Development Department staff, the City Attorney's Office, and Sheriffs
Department contributed to crafting the recommended operational requirements found in
the proposed regulations which are a constitutional, narrowly tailored means of
controlling potential secondary effects of adult businesses. On file at the City Clerk's
office is the set of the exhibits in support of the proposed regulations. Included among
the exhibits are the cases referred to in the reports, findings and draft ordinances, the
studies of other cities relating to the secondary effects of adult uses, and other
supporting documentation.
Proposed Regulations - Overview
There are two generally accepted approaches to regulating the location of adult
businesses — (1) the "dispersal" method, and (2) the "concentration" method. With the
dispersal method adult uses are buffered a set distance from various specified land
uses (i.e., parks, schools, residential zones) and from other adult uses. With the
concentration method adult uses are all located in one area, such as what is known as
the "Boston: Combat Zone." Planning Division staff is recommending the dispersal
method for adult entertainment, which is consistent with existing City adult business
regulations.
The purpose of the proposed regulations is to provide for locations for adult businesses
while preventing their over - concentration or proximity to incompatible uses, subject to
design and operating regulations. Overall the proposed regulations would:
1. Specify the M -1 (Light Manufacturing and Industrial) zone as the only zoning district
where adult businesses could locate. Adult businesses would be permitted by right
subject to a number of locational standards and other development and operational
standards in Chapter 5.08, 5.10, and 17.80 of the RMC.
2. Establish a comprehensive set of objective, narrowly defined conditions for
establishing the adult entertainment use, regulating the interior, and establishing
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March 22, 2011
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operating provisions. The standards that apply to an adult business must be "narrow,
objective, and definite" per Government Code 65850.4. No Conditional Use Permit
would be necessary as such has been found to be constitutionally impermissible in
the First Amendment legal arena. Rather, the offered provisions are reasonable time,
place, and manner regulations which serve to reduce and /or preclude the negative
secondary effects from adult businesses. The proposed regulations allow permit
issuance by the Chief of Police, following a joint investigation by the Community
Development Department, Sheriff's Department, and business licensing staff to verify
all narrow, objective, specific application, personal eligibility, location,
development/design, and operations standards are met. Using objective standards as
criteria for approval of an adult oriented business without a Conditional Use Permit is
also consistent with other jurisdictions including the cities of Alhambra, Pleasanton,
Walnut Creek, Fremont, and Milpitas.
Finally, the regulations are comprehensive. Development and operational standards,
which are "land use" related and /or serve to preclude secondary effects and are
reasonable time, place, and manner restrictions including:
• Limiting sexual signage to the interior of the premises;
Requiring sound insulation to mitigate audibility of noise from the business
outside the business premises;
• Requiring keeping doorways and windows closed /covered so adult performances
are not visible outside the business;
• Minimum exterior lighting levels of 1.50 foot candle;
• Requirements to conform to parking standards;
• Prohibiting solid fencing between the use and street to preserve passive
surveillance;
• Limiting hours of operation from 10:00 a.m. to 2:00 a.m. any day;
• Requiring security guards and security systems;
Prohibiting amplified sound from exiting the building; and
• Requiring adult business performers to obtain an Adult Business Performers
business license.
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March 22, 2011
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Summary of Regulations
A summary of what the proposed adult entertainment regulations would accomplish is
below. The ordinances would:
• Define the various types of adult businesses. The definitions rely on existing
definitions in RMC Chapter 17.80. The definitions have been moved to Chapter
5.08 of the RMC.
• Combine the three current approvals required (Adult Entertainment License,
Adult- Oriented Business Permit, and Business License) into one approval (Adult
Business Permit) that would be a ministerial approval by the Chief of Police
instead of a discretionary permit by the City Council.
• Permit adult businesses in the M -1 zoning district only. Prohibit establishment of
an adult business within 1,000 feet of another adult business or a massage
establishment or within 500 feet of other specified incompatible land uses. The
proposed list of specified incompatible land uses includes residential uses within
the City, churches, schools /day care centers, parks, libraries, and establishments
selling alcohol.
• Establish requirements for an application. Submittal requirements include
business description, site and floor plans, lighting and traffic studies, and
documentation of conformance to specified development and operations
regulations. Additionally, there would be specific criteria for granting or denying a
permit within time limits for action.
• Establish development and operational regulations which include minimum
interior and exterior lighting levels, security and safety program specifications
including security guards, prohibition of alcohol on the premises, and maximum
hours of operation (10:00 a.m. to 2:00 a.m.). Additionally the regulations include
specifications for interior layout; an occupied manager station from which all
patron areas are viewable; and patron - performer seperation requirements.
• Set forth regulations and procedures for appeal, revocation, and judicial review
including provisions for Planning Commission revocation for cause and City
council appeal.
Comparison to existing Adult Entertainment Regulations
As indicated above, the City currently has adult business regulations in Chapter 5.08
and 17.80 of the RMC. In order to better understand the changes that are proposed, the
following key changes are summarized below.
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Current Requirement
Proposed Requirement
City Council must approve Adult
Chief of Police must approve Adult
Entertainment License.
Business License, with appeal rights to City
Mana er only.
City Council must approve Adult-
This is now part of Adult Business License
Oriented Business Permit.
issued by Chief of Police.
Standard Business License required.
This is now part of Adult Business License
issued by Chief of Police.
Hours of Operation: 6:00 am to 2:00 a.m.
Hours of Operation: 10:00 am to 2:00 a.m.
No on -site manager required.
On -site manager required.
Applicant disqualifying conduct: 4 year
Applicant disqualifying conduct: 3 year
limitation.
limitation.
No Adult Business Performers license
Adult Business Performers must get
requirements.
separate business license from that of the
establishment. Approval by Chief of Police,
with appeal rights to City Manager.
Allowed in C -3 (Medium Commercial)
Allowed in M -1 (Light Manufacturing and
zone with Adult- Oriented Business
Industrial) zone with Adult Business
Permit.
License.
1,000 foot separation required from
1,000 -foot separation required from another
another adult- oriented business or
adult business or massage establishment.
school.
500 -foot separation required from a school,
child day care, residential zone or use
within the City, parks, playgrounds, City
facilities, libraries, churches, and alcohol
sales establishment.
Adult booths and individual viewing
Adult booths and individual viewing areas
areas are permitted.
are rohibited.
No physical contact allowed between
No contact allowed between performers
performers and patrons.
and patrons. Lap dancing specifically
p rohibited.
Reasonable venues for operating
A key land use consideration is establishing appropriate buffers from specified land
uses such as residences, churches, parks, and day care centers. As documented in the
findings in the draft ordinances, it is appropriate to establish a minimum separation
distance from specified land uses. The City of Rosemead's existing minimum separation
standard for adult businesses in Section 17.80.060 of the RMC is 1,000 feet for schools ,
and other adult oriented businesses. In the proposed ordinances, the minimum buffer
distance is proposed to remain 1,000 feet for adult businesses and massage
establishments but would be reduced to 500 feet for schools. However, staff is also
recommending that a 500 -foot buffer also be required for other sensitive land uses that
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March 22, 2011
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are not covered by the current ordinance, such as residential uses, parks, churches,
public buildings, and establishments with alcohol licenses. This minimum distance of
500 feet is also supported in case law. The minimum buffer distance would be
measured between the property line of the site containing the specified land use and the
property line of the adult oriented business. This way of measurement is consistent with
established adult business regulations from other jurisdictions.
Selection of M -1 (Light Manufacturing and Industrial) Zoning District
The secondary effects of adult entertainment uses would be least intrusive and
negatively impacting on residential areas if located in the M -1 zone. There are less
residential pedestrians in and around the M -1 zone than residential areas where
children may walk or ride bikes and unintentionally be exposed to negative secondary
effects such as criminal activity or negative behavioral role models. There is also less
population density in general in the M -1 zone which could be negatively affected by
crime.
The M -1 zone provides both insulation from residential areas and a large pool of land
area, which, as the land calculations below show, provides for an adequate number of
sites, available land, and existing building square footage to locate adult businesses.
The attached map (Exhibit "H ") shows the M -1 zoned land in the City with a 500 -foot
"buffer" around each property containing one of the above - described specified sensitive
land uses. The map also shows the area zoned M -1 remaining (in black) after applying
the 500 -foot 'buffer." The total net acreage zoned M -1 (after subtracting the area of
roads and railroad right -of -way) is approximately 11.7 acres. This acreage is in two
distinct areas of the City. One area is at the northeast corner of the City on Temple City
Boulevard. The other area is on River Avenue south of Garvey Avenue near the central
eastern edge of the City.
This 11.7± acres includes approximately 20 parcels of land with 12 distinct owners,
containing approximately 201,000 square feet of existing building space which would be
potentially available for adult businesses if the location criteria were applied today.
It would be possible for one adult business to locate in each of the two identified areas
and meet all the proposed Iocational standards contained in Section 17.80.020 of the
RMC.
Of note, there is no "mathematical formula" or set "litmus test' established by the courts
to determine the number of sites that must be available for adult uses. The Ninth Circuit
in Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993) set out
established criteria for determining whether sites, including industrial sites, are actually
available. The " Topanga" criteria include:
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Is it reasonable "to believe that [the site] would ever become available to any
commercial enterprise ?"
If the sites are in industrial zones, are they reasonably accessible to the general
public; have proper infrastructure such as sidewalks, roads and lighting; and can
serve a generic commercial purpose such as retail or places of assembly.
The use of the M -1 zone provides adequate sites for adult businesses (approximately
20 parcels, and 201,000 square feet of existing building area) and is improved with
infrastructure. Sites in the M -1 Zone are compatible with and reasonably suited to and
adaptable to commercial development.
It should also be noted that the City is not responsible for securing property, as the
courts have held that adult oriented businesses are responsible for finding their own
property in the real estate market.
OTHER REGULATIONS
As demonstrated by the studies from other cities, locational criteria alone do not
adequately protect communities from the adverse secondary side effects of adult
businesses. In addition, permit, licensing, development, and operational regulations are
necessitated. Such regulations will help ensure that an adult business does not violate
criminal laws, such as those that prohibit prostitution, drug sales, the employment of
minors as adult performers, or building or fire code requirements.
Care must be taken in drafting the regulations. Permit and licensing requirements for
free speech activities can be viewed as a "prior restraint' on speech which is generally
not allowed. For example the proposed regulations must provide for the City to make
the decision on the permit in a timely manner. Additionally an applicant must have the
opportunity for prompt judicial review, for which the draft regulations provide.
Permit Requirement
The ordinances establish a permit requirement for the owners and operators of an adult
business. Applications for a permit can be denied under various circumstances, for
example if the business does not satisfy the location requirements, or if an operator has
violated specified laws such as an adult business ordinance of another city or
committed prostitution related offenses. Background checks /licensing would be required
at initial application, as well as on an ongoing basis.
Additionally ongoing compliance with the design and operations regulations would be
required.
In addition to background information, application requirements include submittal of site
and floor plans, photometric studies, and traffic studies as needed to verify conformance
with development and operations regulations summarized below.
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March 22, 2011
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Development and Operations Regulations
The proposed ordinances also propose comprehensive design and operations
standards to mitigate and avoid the negative secondary impacts associated with adult
businesses. For example, the visibility of the interior from the exterior of the building is
prohibited; minimum illumination levels are required in the interior (5 foot candles for
theaters and cabarets, except 1.25 foot candles during a performance) and exterior
(1.50 foot candle in all parking and pedestrian areas); doors and windows will be
required to remain closed; no amplified sound is permitted to exit the building; all interior
areas accessible to patrons must be unenclosed and visible at all times from a staffed
manager /monitor station. Hours of operation would be limited to 10 a.m. to 2:00 a.m.
Additionally, a security program requiring interior and exterior security guards, and
exterior video monitoring would be required.
To address negative secondary effects associated with adult entertainmentand to avoid
problems such as prostitution, pandering, and drug dealing the operational regulations
seek to reduce contact between performers and patrons, for example requiring that the
performance stage be at least 18 inches high and separated from patrons by at least 6
feet with a railing or other barrier; that there be separate entries for patrons and
performers; that there be separate restrooms for male patrons and female employees
(and female patrons and male employees); that clothing must be worn in the premises
except for performers while performing; and that direct tipping or contact/touching
between patrons and performers is prohibited.
Adult Business License Fees
The proposed Adult Business ordinances include several types of adult businesses that
are not currently included in the City's Business License Fee Resolution (Resolution
2010 -46) adopted on June 22, 2010.
Staff recommends that the City Council adopt a revised fee resolution (Exhibit T ") to
create new adult business license fees for an Adult Model Studio ($1,752 for a new
license and $1,593 for renewal) and Adult Performer ($150 for new license and $100 for
renewal). The proposed fee for the Adult Model Studio is based on the LA County fee
for the same use and a survey was done of several cities to determine the appropriate
fee for the Adult Performer business license since the LA County does not have a fee
for such use.
Conclusion
The proposed ordinances provide a revised set of adult business regulations that
insures consistency with the General Plan. The ordinances also refine and update the
appropriate zoning districts and locations for potential adult businesses and enhance
the permitting and operational standards for adult businesses, and establish a licensing
process for adult business performers.
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March 22, 2011
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The public health, safety, and welfare of the City and its residents require the enactment
of these ordinances and such operating standards for adult businesses in order to: (1)
mitigate and reduce the judicially recognized potential adverse secondary effects of
adult businesses, including but not limited to: crime, the prevention of blight in
neighborhoods, and the increased threat of the spread of sexually transmitted diseases,
and; (2) protect the quality of life and neighborhoods in the City, the City's retail and
commercial trade, local property values, and minimize the potential for nuisances
related to the operation of adult businesses, while recognizing that some of the
expressive activity associated with certain aspects of adult businesses is constitutionally
protected.
MUNICIPAL CODE REQUIREMENTS
Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A municipal code amendment may
be permitted whenever the public necessity, convenience, general welfare, or good
zoning practice justifies such action.
The revised adult business regulations are consistent with General Plan Land Use
Policy 1.2, to provide buffering between residential and non - residential uses to mitigate
potential land uses conflicts. The revised adult business regulations will help with the
revitalization of Garvey Avenue (Land Use Policy 5.1), the San Gabriel Boulevard
corridor (Land Use Policy 5.2), and the Central Business District (Land Use Policy 5.3),
and other commercially zoned areas by prohibiting adult businesses in commercial
zones.
The revised adult business regulations include provisions designed to protect the
privacy of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5, by establishing minimum locational siting requirements
between adult businesses and residential uses, schools, parks, playgrounds, and other
sensitive land uses.
ENVIRONMENTAL DETERMINATION
Municipal Code Amendment 10 -04 is proposed in order to mitigate the threat posed to
the public peace, health, or safety by adult businesses. In this regard, the proposed
regulations provide for the amendment of existing regulations applicable to adult
businesses and provides for zoning regulations which are specifically applicable to adult
business uses. Such uses are already allowed under the City's existing zoning
regulations. Therefore, it can be seen with certainty that there is no possibility that these
regulations may have a significant adverse effect on the environment, and therefore the
adoption of these regulations are exempt from CEQA pursuant to Section 15061(b)(3) of
the CEQA Guidelines.
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March 22, 2011
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PUBLIC NOTICE PROCESS
This item has been noticed through the required public posting requirements of the
regular agenda notification process for Municipal Code Amendments, pursuant to
Section 17.116.020 of the Rosemead Municipal Code, which includes publication in the
San Gabriel Valley Tribune and posting of the notice at six (6) public locations in the
city.
LEGAL REVIEW
The attached Urgency Ordinance No. 914, Ordinance No. 903, and Resolution No.
2011 -11 have been reviewed and approved by the City Attorney.
Prepared by: Submitted by:
Paul Garry n
Senior Planner Community Development Director
EXHIBITS:
A. Urgency Ordinance No. 914
B. Ordinance No. 903
C. Planning Commission Staff Report, March 7, 2011
D. Draft Minutes from March 7, 2011 Planning Commission Public Hearing
E. Planning Commission Resolution No. 11 -02
F. Resolution No. 2011 -11
G. Urgency Ordinance No. 878 (Moratorium)
H. Location Standards Analysis Map
APPROVED FOR CITY COUNCIL AGENDA:
URGENCY ORDINANCE NO. 914
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MUNICIPAL CODE AMENDMENT 10 -04, AMENDING
CHAPTER 5.08 AND ADDING NEW CHAPTER 5.10 TO THE
ROSEMEAD MUNICIPAL CODE PERTAINING TO THE REGULATION
OF ADULT BUSINESSES AND ADULT BUSINESS PERFORMERS;
AND AMENDING CHAPTERS 17.44, 17.56, AND 17.80 OF THE
ROSEMEAD MUNICIPAL CODE PERTAINING TO THE ZONING AND
LOCATIONAL REQUIREMENTS FOR ADULT BUSINESSES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1 . Findings. The City Council of the City of Rosemead hereby finds
and declares that:
(a) It is necessary and appropriate to amend Chapters 5.08, 17.44, 17.56,
and 17.80 of the Rosemead Municipal Code and add new Chapter 5.10 to refine and
update the appropriate zoning districts and locations for potential adult businesses and
enhance the permitting and operational standards for adult businesses, and establish a
licensing process for adult business performers. The public health, safety and welfare
of the City and its residents require the enactment of this urgency ordinance and such
operating standards for adult businesses in order to: (1) mitigate and reduce the
judicially recognized potentially adverse secondary effects of adult businesses,
including but not limited to: crime, the prevention of blight in neighborhoods, and the
increased threat of the spread of sexually transmitted diseases; and (2) protect the
quality of life and neighborhoods in the City, the City's retail and commercial trade, and
local property values, and minimize the potential for nuisances related to the operation
of adult businesses; while (3) recognizing that some of the expressive activity
associated with certain aspects of adult businesses is constitutionally protected.
(b) The City Council, in adopting this urgency ordinance, takes legislative
notice pursuant to California Government Code Section 65850.4 of the existence and
content of the following studies concerning the adverse secondary side effects of adult
businesses in other cities: Alhambra, California (2007), Industry, California (2004); Dallas,
Texas (1997); Houston, Texas, (1997); Newport News, Virginia (1996); New York City,
New York (1994); Times Square, New York (1994); Oklahoma City, Oklahoma (1992);
Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); St.
Paul, Minnesota (1988); 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 urgency ordinance to regulate the adverse secondary side effects of adult
1 EXHIBIT A
businesses, and more specifically finds that these studies provide convincing evidence
that:
1. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses, including but
not limited to an increase in the crimes of narcotics distribution and use, prostitution,
pandering, and violence against persons and property. The studies from other cities
establish by convincing evidence that adult businesses that are not regulated as to
operating standards often have a deleterious effect on nearby businesses and residential
areas, causing, among other adverse secondary effects, an increase in crime and a
decrease in property values.
2. Regulations for adult businesses should be developed to prevent
deterioration or degradation of the vitality of the community before the problem exists,
rather than waiting for problems to be created.
(c) Based on the foregoing, the City Council finds and determines that special
regulation of adult businesses is necessary to ensure that their adverse secondary effects
will not contribute to an increase in crime rates or to the deterioration of the areas in
which they may locate or surrounding areas. The need for such special regulations is
based upon the nationally and judicially recognized evidence that adult businesses have
serious objectionable operational characteristics, particularly when several of them are
concentrated under certain circumstances or located in direct proximity to sensitive uses
such as residences, parks, schools, and places of religious worship, thereby having a
deleterious effect upon the adjacent areas. One of the purposes and intents of these
special regulations is to prevent the concentration of adult businesses and thereby
prevent such adverse secondary effects. In addition, there is substantial evidence that an
increase in crime tends to accompany, concentrate around, and be aggravated by adult
businesses, including but not limited to an increase in the crimes of narcotics
distribution and use, prostitution, pandering, and violence against persons and property.
(d) In developing this urgency ordinance, the City Council is mindful of legal
principles relating to regulation of adult businesses, and the City Council 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 businesses. The City Council has considered decisions of
the United States Supreme Court regarding local regulation of adult businesses,
including but not limited to: City of Los Angeles v. Alameda Books, 535 U.S. 425, 122
S. Ct. 1728 (2002); City of Erie v. Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120 S.Ct.
1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991);
FW /PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596 (1990); City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986); and Young v. American Mini
Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440 (1976); decisions of the United Stated Court
of Appeals for the Ninth Circuit, including but not limited to: Gammoh v. City of La
Habra, 395 F.3d 1114 (9th Cir. 2005); Dream Palace v. County of Maricopa, 384 F.3d
2 EXHIBIT A
990 (9th Cir. 2004); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied
531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th Cir. 2001); Young
v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001);
Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189
(2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert.
granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam
F), 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby
Tam 11), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas
( "Baby Tam Ill), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego,
183 F.3d 1108 (9th Cir. 1999); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998),
cert. denied 529 U.S. 1053 (2000); Topanga Press, Inc. v. City of Los Angeles, 989
F.2d 1524 (9th Cir. 1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); and BSA, Inc. v. King County, 804 F.2d 1104
(9th Cir. 1986); several California cases, including but not limited to: Department of
Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California
( "Vicary'), 99 Cal.AppAth 880 (2002); Tily B., Inc. v. City of Newport Beach, 69
Cal.AppAth 1 (1998); City of National City v. Wiener, 3 CalAth 832 (1993), cert. denied
510 U.S. 824; People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of
Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986);
and other federal cases, including but not limited to: Hang On, Inc. v. City of Arlington,
65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d
123 (3rd Cir. 1993); Lakeland Lounge v. City of Jackson, 973 F.2d 1255 (5th Cir. 1992),
cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d
1157 (11th Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City
of Biloxi, 779 F.2d 1074 (5th Cir. 1986).
(e) The locational requirements established by this urgency ordinance do not
unreasonably restrict the establishment or operation of constitutionally protected adult
businesses in the City, and a sufficient reasonable number of appropriate locations for
adult businesses are provided by this urgency ordinance.
(f) The City Council also finds that locational criteria alone do not adequately
protect the health, safety, and general welfare of the citizens of the City, and thus
certain requirements with respect to the ownership, operation, and licensing of adult
businesses are in the public interest. 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 also takes
legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d
1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects
such as prostitution, drug dealing, and other law enforcement problems.
(g) 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, performers, and
other persons who publicly perform specified sexual activities or publicly display
specified anatomical areas in adult businesses (collectively referred to as "performers ")
3 EXHIBIT A
have been found to engage in sexual activities with patrons of adult businesses on the
site of the adult business.
2. Evidence has demonstrated that performers employed by adult
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 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 locations for engaging in
unlawful sexual activity.
5. As a result of the above, and the continuing public health threat
associated with HIV, AIDS, and hepatitis B, which are sexually transmitted or blood
borne diseases, the City has a substantial interest in adopting regulations that will
reduce the possibility for the occurrence of prostitution and unlawful sex acts at adult
businesses in order to protect the health, safety, and well -being of its citizens. The City
finds this is relevant to the experience of Rosemead and the need to regulate the
secondary effects of adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the
City must be protected by the establishment of standards to diminish the possibility of
infection of contagious diseases..
(h) The City Council is cognizant of the specific danger from the sexually
transmitted disease AIDS, which is currently irreversible and fatal. The City Council
takes legislative notice of the County of Los Angeles "HIV Prevention Plan 2004 - 2008,"
County of Los Angeles Department of Health Services ( "County HIV Prevention Plan ").
The County HIV Prevention Plan states that as of July 2004 there was a total of 48,510
persons living with AIDS and that the total number of such persons has increased since
1995. According the County HIV Prevention Plan, over 1,700 persons living with AIDS
are in the San Gabriel Valley special planning area. There have been at least 28,810
AIDS - related deaths reported in Los Angeles County since the mid- 1980s. The County
also reports a slight increase in AIDS deaths in 2001.
(i) The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia. The City Council
takes legislative notice of the County of Los Angeles Department of Health Services
"Sexually Transmitted Disease Morbidity Report (2000- 2004)," ( "County STD Report").
The County STD Report indicates that the between 2000 and 2004 the number of
reported cases in Los Angeles County of: (1) syphilis increased from 1,918 to 2,016; (2)
gonorrhea increased from 7,199 to 9,696; and (3) Chlamydia increased from 30,546 to
38,464. It should also be noted that numerous studies have shown that sexually
4 EXHIBIT A
transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the
transmission of HIV.
Q) In recognition of these negative secondary effects generated by adult live
entertainment, a number of courts have upheld prohibitions on totally nude performers,
distance limitations between performers and patrons, prohibitions against physical
contact between performers and patrons, and precluded direct exchange of monies
between performers and patrons at adult businesses that provide live entertainment,
including, but not limited to: City of Erie v. Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120
S.Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991);
Gammoh v. City of La Habra, 395 F.3d 1114 (9" Cir. 2005); Tily B. v. City of Newport
Beach (1999) 69 Cal.AppAth 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998);
BSA, Inc. v. King County, 804 F.2d 1104, 1110 -11 (9th Cir. 1986); Kev, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp.
1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and
Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995).
(k) The City Council believes that prohibiting totally nude performers and
physical contact between performers and patrons at adult businesses, prohibiting
booths and concealed viewing areas, requiring separate entrances for performers from
those used for patrons, requiring separate restrooms for opposite sexes, prohibiting
performers from soliciting payment from patrons, and prohibiting the direct payment to
performers by patrons are a reasonable and effective means of addressing the
legitimate governmental interests of preventing prostitution, the spread of sexually
transmitted diseases, and drug transactions. The case law and studies establish this
link.
(1) In considering appropriate operational regulations for adult businesses,
the City Council finds that:
1. Preventing the exchange of money between performers and
patrons also reduces the likelihood of drug and sex transactions occurring in adult
businesses.
2. Requiring separations between performers and patrons precludes
them from being within earshot to communicate and thereby reduces the likelihood that
such persons will negotiate narcotics sales or transact sexual favors within the adult
business.
3. Enclosed or concealed booths and dimly lit areas within adult
businesses greatly increase the potential for misuse of the premises, including unlawful
conduct of a type which facilitates transmission of disease. Prohibiting such enclosed
or concealed spaces and requiring adequate lighting to be provided reduces the
opportunity for, and therefore the incidence of illegal conduct within adult businesses,
and further facilitates the inspection of the interior of the premises thereof by law
enforcement personnel.
5 EXHIBIT A
A. The City Council recognizes and relies on the findings set
forth in the 1986 Attorney General's Report on Pornography in support of this urgency
ordinance including, but not limited to, its recommendations that local governments ban
certain features of video booths that facilitate carnal sexual encounters.
B. With respect to booths, these findings include the following:
The inside walls of the booth are typically covered with graffiti and messages, usually of
a sexual nature and consisting of telephone numbers, names, requests and offers for
sex acts, anatomical descriptions, and sketches. Some booths also contain a chart
used as an appointment schedule that is utilized to schedule appointments for sex acts
that take place in that particular booth. In some instances, this arrangement has been
used for the solicitation of prostitutes. Many of these booths are equipped with a hole in
the side wall between the booths to allow patrons to engage in anonymous sex
including both oral and anal sex acts. Inside the booths, the floors and walls are often
wet and sticky with liquid or viscous substances, including semen, urine, feces, used
prophylactics, gels, saliva, or alcoholic beverages. The City concludes, based in part on
the description of the illicit sexual activity as noted within the Attorney General's Report,
that the presence of enclosed booths and viewing areas is likely to lead to the above
described secondary effects.
C. Likewise, the City Council recognizes and relies on the
findings set forth in the May 1990 study conducted by the City of Tucson in support of
this urgency ordinance including, but not limited to, the findings that holes were present
in the walls of adjoining booths within adult entertainment establishments, and that
these holes were used by male patrons to facilitate sex acts with the occupant of the
neighboring booth. The Council reasonably believes that the Tucson experience, along
with the Attorney General's Report, is relevant to the problems potentially associated
with adult businesses in Rosemead.
D. The City Council finds that prohibiting adult booths and
individual viewing areas is necessary to eliminate the masturbation and sexual activity
that are known to occur in such closed booths and areas, and which present significant
health and safety concerns with respect to communicable diseases, including AIDS.
The City Council takes further note of the Ninth Circuit's decision in Ellwest Stereo
Theatres, Inc. v. Weiner, 681 F.2d 1243 (9th Cir. 1982) and its finding that there is no
constitutional right to unobserved masturbation in a public place.
(m) The City Council also finds the establishment of an adult business
regulatory licensing process, operational standards for adult businesses, and performer
licensing provisions are legitimate and reasonable means of ensuring that:
1. Operators of and performers at adult businesses comply with the
City's regulations;
2. The recognized adverse secondary impacts of a proposed adult
business are mitigated;
6 EXHIBIT A
3. Adult business operators have specific guidelines with respect to
the manner in which they can operate an adult business;
4. The applications for adult business regulatory licenses and
performer licenses are handled fairly and expeditiously; and
5. The correct identification of performers working in adult businesses
occurs so that the City is able to effectively deploy resources and detect and discourage
prostitution and criminal activity from occurring in and around adult businesses.
(n) The City finds that law enforcement agencies maintain separate
databases for drug - related convictions, prostitution convictions and sex crime offender
registration, and that knowledge of an applicant's true identity is necessary to conduct
background checks in such databases. The County Sheriff has determined, based
upon the experience of its police officers and its past experiences, along with other law
enforcement agencies, that fingerprinting is the only reliable method for determining a
person's true identity for the purposes of background checks.
(o) The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses and recognizes the need to enact
regulations which will minimize and /or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate
matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council
further takes legislative notice of the cases that recognize that protection of minors from
sexually explicit materials is a compelling government interest, including Crawford v.
Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v.
City of Santa Barbara, 40 Cal.AppAth 1075 (1995).
(p) While the City Council desires to protect the rights conferred by the United
States Constitution to adult businesses, it does so in a manner that ensures the
continued and orderly use and development of property within the City and diminishes,
to the greatest extent feasible, those undesirable adverse secondary effects which the
above mentioned studies and judicial record have shown to be associated with the
operation of adult businesses.
(q) Operating standards are a legitimate and reasonable means of ensuring
that adult businesses are conducted in a manner so as to minimize their adverse
secondary effects and to help assure that such operators and businesses comply with
reasonable regulations related to such requirements to minimize and control problems
associated with such businesses and thereby protect the health, safety, and welfare of
City residents, protect citizens from increased crime, preserve the quality of life,
preserve property values and the character of surrounding neighborhoods and
businesses, and deter the spread of urban blight. The operational requirements
contained in this urgency ordinance do not unreasonably restrict the establishment or
operation of constitutionally protected adult businesses in the City.
7 EXHIBIT A
(r) The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication. For
example, the closing hours requirement means that adult businesses are free to operate
7 days a week for 16 hours per day. The City Council takes note of the proliferation of
adult material on the Internet, satellite television, direct television, CDs, DVDs, and that
these various media provide alternative avenues of communication. The City Council
also considers and relies on published decisions examining the proliferation of
communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844
(1997) [the principle channel through which many Americans now transmit and receive
sexually explicit communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d
325 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a
First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements
on billboards acknowledging that the Internet is one available channel of
communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v.
Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the
Internet as a medium for transmission of sexually explicit material in the context of
obscenity prosecutions]; DiMa Corporation v. Town of Hallie, 60 F.Supp.2d 918 (W.D.
Wisconsin 1998) [adult bookstore able to operate after regulated hours using the
Internet].) The emergence of the Internet brings with it a virtually unlimited additional
source of adult oriented sexual materials available to interested persons in every
community with a mere keystroke. An adult business no longer has to be "actually"
physically located in a city to be available in the community.
(s) The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult facilities and
reasonably relies on prior court decisions on the need for closing hours including Dream
Palace v. County of Maricopa, 384 F.3d 990 (9 Cir. 2004); Mitchell v. Comm. on Adult
Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville,
973 F.Supp. 1428 (M.D. Fla. 1997); Lady J. Lingerie, Inc. v. City of Jacksonville, 176
F.3d 1358 (11th Cir. 1999); and City of Colorado Springs v. 2354 Inc., 896 P.2d 272
(1995).
(t) The City Council does not intend to regulate in any area preempted by
California law, including but not limited to, regulation of obscene speech, nor, is it the
intent of the City Council to preempt regulations of the State Alcoholic Beverage Control
( "ABC').
(u) The City Council finds that the occurrence of nudity in alcoholic beverage
establishments located in close proximity to residential areas, religious institutions,
schools, and parks has a detrimental effect on such uses, and that the location of such
establishments in close proximity to each other has a detrimental effect on the entire
neighborhood. Therefore, the City Council finds that in order to preserve public peace
and good order, the integrity of residential neighborhoods, and other sensitive land
uses, it is necessary and advisable to regulate alcoholic beverage facilities permitting
nudity.
8 EXHIBIT A
(v) It is not the intent of the City Council in enacting this urgency ordinance, or
any provision thereof, to condone or legitimize the distribution of obscene material, and
the City recognizes that state law prohibits the distribution of the obscene materials and
expects and encourages law enforcement officials to enforce state obscenity statutes
against such illegal activities in the City.
(w) Nothing in this urgency ordinance 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 or indecent exposure, sexual conduct, lewdness, obscene or harmful
matter or the exhibition or public display thereof.
SECTION 2 . The City Council finds that this urgency ordinance is enacted in
order to mitigate the threat posed to the public peace, health, or safety by adult
businesses. In this regard, the findings set forth in Section 1 of this urgency ordinance
are incorporated herein by reference. This urgency ordinance provides for the
amendment of existing regulations applicable to adult businesses and provides for zoning
regulations which are specifically applicable to adult business uses. Such uses are
already allowed under the city's existing zoning regulations. Therefore, it can be seen
with certainty that there is no possibility that this urgency ordinance may have a
significant adverse effect on the environment, and therefore the adoption of this urgency
ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA
Guidelines.
The City Council, having final approval authority over this project, has reviewed
and considered all comments received during the public review period prior to the
approval of this project.
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that
Municipal Code Amendment 10 -04 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
municipal code amendment, in that the change to the Rosemead Municipal Code will
provide a superior level of planning and protection to the quality and character of the
City.
SECTION 4. The City Council FURTHER FINDS AND DETERMINES that
Municipal Code Amendment 10 -04 is consistent with the Rosemead General Plan as
follows:
The revised adult business regulations are consistent with General Plan Land
Use Policy 1.2, to provide buffering between residential and non - residential uses to
mitigate potential land use conflicts. The revised adult business regulations will help
with the revitalization of Garvey Avenue (Land Use Policy 5.1), the San Gabriel
Boulevard corridor (Land Use Policy 5.2), and the Central Business District (Land Use
Policy 5.3) and other commercially zoned, areas by prohibiting adult businesses in
commercial zones.
9 EXHIBIT A
The revised adult business regulations include provisions designed to protect the
privacy of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5, by establishing minimum locational siting requirements
between adult businesses and residential uses, schools, parks, and playgrounds.
NOW, THEREFORE the City Council of the City of Rosemead, County of Los
Angeles, State of California, does hereby find, determine and ordain as follows:
SECTION 5. Code Amendment. Chapter 5.08 (Adult Businesses) of the
Rosemead Municipal Code is HEREBY AMENDED to read as follows:
Chapter 5.08
ADULT BUSINESSES
Sections:
5.08.010
Intent.
5.08.020
Definitions.
5.08.030
License required.
5.08.040
Application submittals.
5.08.050
Review of application.
5.08.060
Development and operational standards.
5.08.070
Prohibited conduct at adult businesses.
5.08.080
License requirements; effect of noncompliance.
5.08.090
License duration.
5.08.100
License renewal.
5.08.110
License transferability.
5.08.120
Enforcement and revocation.
5.08.130
Appeals.
5.08.140
Reapplication after denial or revocation.
5.08.150
Violations.
5.08.160
Discontinued use.
5.08.170
Regulations nonexclusive.
5.08.010 Intent.
A. The intent of this chapter is to regulate adult businesses that, unless closely
regulated, may have serious secondary effects on the community. These secondary
effects include, but are not limited to: depreciation of property values, increases in
vacancy rates in residential and commercial areas, increases in incidences of
criminal activity and police service calls, increases in noise, litter and vandalism, and
the interference with property owners' enjoyment of their property in the vicinity of
such businesses.
B. It is neither the intent nor effect of this chapter to impose limitations or restrictions on
the content of any communicative material. Similarly, it is neither the intent nor effect
10 EXHIBIT A
of this chapter to restrict or deny access by adults to sexually oriented materials, or
to deny access by the distributors or exhibitors of sexually oriented entertainment to
their intended market.
C. 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 law of the State of California regarding public nuisances, unlawful
exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
public display thereof.
5.08.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"Adult arcade" means 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, when those images are distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas. Such devices are referred to as Adult arcade devices.
"Adult booth or Individual viewing area" means a partitioned or partially enclosed portion
of an adult business used for any of the following purposes:
A. Where a live or taped performance is presented or viewed, where the performances
or images displayed or presented are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified sexual activities or
specified anatomical areas;
B. Where adult arcade devices are located.
"Adult business" means `any business establishment or concern that, as a regular and
substantial course of conduct, performs or operates as an adult arcade, adult cabaret,
adult model studio, adult store or adult theater, or any combination thereof. It also
means any business establishment or concern that, as a regular and substantial course
of conduct, sells or distributes sexually oriented merchandise or sexually oriented
material; or any other business establishment or concern that, 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 areas. Adult business does
not include those uses or activities, the regulation of which is preempted by state law.
"Adult cabaret" means a business establishment that features adult live entertainment.
11 EXHIBIT A
"Adult live entertainment" means any physical human body activity, whether performed
or engaged in, alone or with other persons, including but not limited to,, singing, walking,
speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1)
the performer exposes to public view, with opaque covering (e.g., pasties and g- string),
specified anatomical areas; or (2) the performance or physical human body activity
depicts, describes, or relates to specified sexual activities, even if the specified
anatomical areas are covered.
"Adult model studio" means a business establishment that provides, for any form of
consideration, the services of a live human model, who, for the purposes of sexual
stimulation of patrons, displays specified anatomical areas to be observed, sketched,
photographed, filmed, painted, sculpted or otherwise depicted by persons paying for
such services. Adult model studio does not include any live art class or any studio or
classroom that is operated by any public agency, or any private educational institution
that is maintained pursuant to standards set by the Board of Education of the State of
California.
"Adult store" means any establishment that, as a regular and substantial course of
conduct, displays or distributes sexually oriented merchandise or sexually oriented
material.
"Adult theater" means a business establishment or concern that, as a regular and
substantial course of conduct, presents adult live entertainment, or motion pictures,
videos, digital video disks, slide photographs, or other pictures or electronically
generated visual reproductions, distinguished or characterized by the emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas.
"Applicant" means all owners of a proposed adult business applying for an adult
business license under this chapter.
"Chief of Police" means the Los Angeles County Sheriff or the Sheriffs designee.
"Code enforcement officer" means a person authorized to enforce certain provisions of
this chapter.
"Establishment of an adult business" means any of the following:
A. The opening or commencement of any adult business as a new business;
B. The conversion of an existing business, whether or not an adult business, to any
adult business;
C. The addition of any of the adult businesses defined herein to any other existing adult
business; or
12 EXHIBIT A
D. The relocation of any such adult business.
"Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing,
and means an employee or independent contractor of an adult business intentionally
touching any patron while engaged in adult live entertainment.
"On -site manager" means any person designated by the owner as responsible for the
day -to -day, on -site operation of the adult business.
"Operate an adult business" means the supervising, managing, overseeing, directing,
organizing, controlling, or in any way being responsible for or in charge of the premises
of an adult business, or the conduct or activities occurring on such premises.
"Operator" means a person who supervises, manages, oversees, directs, organizes,
controls or in any other way is responsible for or in charge of the premises of an adult
business, or the conduct or activities occurring on such premises.
"Owner" means all persons having a direct or indirect investment in an adult business;
provided, however, where such investment is held by a corporation, for the purposes of
this chapter, each officer and director of a corporation and each stockholder holding
more than 5% of the stock of such corporation is deemed to be an Owner.
'Performer' means a person who is an employee or independent contractor of an adult
business, or any other person who, with or without any compensation or other form of
consideration, provides adult live entertainment for patrons of an adult business.
"Person" means any individual, firm, association, partnership, limited liability company,
corporation or other form of legal entity.
'Regular and substantial course of conduct' and 'regular and substantial portion" means
any adult- oriented business where one or more of the following conditions exist:
A. The area(s) devoted to the display of sexually oriented material or merchandise
exceeds twenty -five (25) percent of the total display area of the business; or
B. 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 lingerie, on any four or more separate
days within any twelve (12) month period; or
C. At least twenty -five (25) percent 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
13 EXHIBIT A
separates sexually oriented material from non - sexually oriented material and does
not advertise such sexually oriented material.
"Religious institution" means a structure which is used primarily for religious worship
and related religious activities.
"School' means 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
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 orjunior college, college or university.
"Sexually oriented material" means any element of sexually oriented merchandise, or
any book, periodical, magazine, photograph, drawing, sculpture, motion picture film,
video, or other written, oral or visual representation that, for purposes of sexual arousal,
provides depictions characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities or specified anatomical areas.
"Sexually oriented merchandise" means sexually oriented implements and
paraphernalia, including 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
designed or marketed primarily for the stimulation of human genital organs or
sadomasochistic activity, or characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified anatomical areas.
"Specified anatomical areas" means
A. 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
B. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified sexual activities" means
A. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast;
B. Human sex acts, actual or simulated, including intercourse, oral copulation or
sodomy;
C. Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
14 EXHIBIT A
D. Human genitals in a state of sexual stimulation or arousal;
E. Use of human or animal ejaculation;
F. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain,
bondage or restraints; or
G. Excretory functions as part of, or in connection with, any of the activities listed in
division (A) through (F) of this definition.
5.08.030 License required.
A. No person may establish or operate an adult business within the city without first
obtaining, and continuing to maintain in full force and effect, an adult business
license. The issuance of an adult business license shall satisfy the requirement of
this code that every applicable business obtain a business license.
B. Every adult business license is subject to the development and operational
standards of this chapter, and the regulations of the zoning district in which the
business is located.
5.08.040 Application submittals.
A. Application. Any person desiring to obtain an adult business license must submit an
application to the City Manager or his or her designee on the form provided by the
city. The application must list all owners of the proposed adult business, who are
collectively referred to as "the applicant'. The application must also list each
designated operator and on -site manager if such persons are not owners. The
application must contain the following information regarding the owners, operators
and on -site managers, as applicable, and the following items:
1. Name and address.
2. The previous residential addresses of all individuals, if any, for a period of five
years immediately prior to the date of filing the application, and the dates of
residence at each.
3. Written proof that all individuals are at least 18 years of age.
4. The history of the applicant as to the operation of any adult business or similar
business or occupation within five years of the filing of the application. Such
information must include a statement as to whether or not each such person, in
operating an adult business under a license, has had such license or license
revoked or suspended and the reasons therefor.
15 EXHIBIT A
5. All criminal convictions or offenses described in Section 5.08.060(b)(11); and
whether any individual is required to register under the provisions of Cal. Penal
Code Section 290 or of the Cal. Health & Safety Code Section 11590.
6. Authorization for the city, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the
application and the qualifications of the individuals.
7. The height, weight, and color of eyes and hair of each individual.
8. Fingerprints and two prints of a recent passport-size photograph of each
individual.
9. Business, occupation or employment history of each individual for the five years
immediately preceding the date of the application.
10. A non - refundable deposit or fee as set forth by city resolution.
11.A narrative description of the proposed business, explaining how such business
complies or will comply with the applicable development and operational
standards specified in Section 5.08.060.
12.A site plan designating the building or unit proposed for the adult business, and a
dimensional interior floor plan depicting how the business complies or will comply
with the applicable development and operational standards specified in Section
5.08.060. The site plan and interior floor plan need not be professionally
prepared, but must be drawn to a designated scale or to an accuracy of plus or
minus six inches.
13.A lighting plan for all outdoor areas including parking areas.
14. If the applicant is a partnership, limited liability company or corporation,
documentary proof that such entity was duly formed, and is authorized to do
business and is in good standing in the State of California.
15. The fictitious name, if any, of the adult business, together with documentary proof
of registration of the fictitious name.
16. If the applicant does not own the lot or parcel on which the adult business will
operate, the property owner or lessor of the premises, or their legally authorized
representative, as applicable, must consent to the filing of the application by
signing and dating the application.
17.A statement, in writing and dated by the applicant, certifying under penalty of
perjury that the information contained in the application is true and correct.
r
16 EXHIBIT A
a. If the applicant is one or more natural persons, one such person must sign
the application under penalty of perjury.
b. If the applicant is a partnership, limited liability company or corporation, a
general partner, officer, director or member of the entity must sign the
application under penalty of perjury.
18.Such additional information as the Chief of Police may reasonably deem
necessary.
B. Determination of completeness.
1. The Chief of Police will determine whether the application contains all the
information and items required by the provisions of this chapter.
2. If it is determined that the application is not complete, the applicant will be
notified in writing within five business days of the date of receipt of the application
that the application is not complete and the reasons for such determination,
including any additional information necessary to render the application
complete.
a. The applicant will have 30 calendar days to submit additional information to
render the application complete.
b. Failure to do so within the 30 -day period will render the application void.
3. Within five business days following the receipt of an amended application or
supplemental information, the Chief of Police will again determine whether the
application is complete in accordance with the procedures set forth in this
division.
a. Evaluation and notification will occur as provided above until such time as the
application is found to be complete or the application is withdrawn.
b. The applicant will be notified within five days of the date of the application is
found to be complete (hereafter "application date ").
4. All notices required by this chapter will be deemed given upon the date any such
notice is either deposited in the United States mail or the date upon, which
personal service of such notice is provided.
5.08.050 Review of application.
A. The Chief of Police will promptly cause the investigation of the application and,
within 30 days of the application date, either issue the license or send by certified
mail a written statement to the applicant, setting forth the reasons for denial of the
17 EXHIBIT A
license. If the Chief of Police has not issued a decision on the application within 30
days of the application date, the application will be deemed approved, subject to an
appeal under Section 5.08.130.
B. The Chief of Police may deny a license for any of the following reasons:
1. An applicant has made one or more material misstatements in the application;
2. That the adult business, if licensed, will not comply with all applicable laws
including but not limited to; the building, development, fire, health, housing and
zoning codes of the City;
3. An applicant or any designated operator or on -site manager has pled guilty, nolo
contendere or been convicted within three years of the application date of an
offense specified in Section 5.08.060(b)(10);
4. An applicant or any operator has had a license or license for an adult business
denied, revoked or suspended for cause by any city, county or state within three
years of the application date;
5. An applicant is under 18 years of age;
6. The applicant failed to pay the filing fee required by this chapter.
C. If the license is denied, the Chief of Police must state, in writing, the reasons for the
denial and, in the notice to the applicant, must reference the applicant's right to an
appeal under Section 5.08.130.
D. The decision of the Chief of Police to issue or deny a license will be final unless an
appeal is timely filed under Section 5.08.130.
5.08.060 Development and operational standards.
A. Development standards.
1. Zoning compliance.
a. The building in which an adult business is located must comply with all
setbacks, parking, signage and other applicable requirements of the zoning
district. 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 feet above the ground notwithstanding any landscaping
requirements to the contrary.
b. The adult- oriented business shall not conduct or sponsor any special events,
promotions, festivals, concerts or other similar events which would increase
18 EXHIBIT A
the demand for parking beyond the approved number of spaces for the
particular use.
c. The adult- oriented business shall not conduct any massage, acupuncture,
tattooing, acupressure, fortunetelling or escort services on the premise nor
shall any such business be conducted from the same premise as the adult -
oriented business.
d. 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.
e. Permanent barriers shall be installed and maintained to screen the interior of
the premises from public view for each door used as an entrance /exit to the
business
2. Exterior lighting.
a. All exterior areas, including parking lots, of the adult business must be
illuminated at a minimum of 1.50 footcandle, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or
diffuse the lighting in such manner as to prevent glare or reflected light from
creating adverse impacts on adjoining and nearby public and private
properties.
b. Inoperable or broken lights must be replaced within 24 hours.
3. Sound. The premises within which the adult business is located must provide
sufficient sound - absorbing insulation so that noise generated inside such
premises will not be audible anywhere on any adjacent property or public right -of-
way, or within any other building or other separate unit within the same building.
4. No minors.
a. The building entrance to an adult business must be clearly and legibly posted
with a notice indicating that persons under 18 years of age are precluded
from entering the premises.
b. Such notice must be constructed and posted to the satisfaction of the Chief of
Police.
c. No person under the age of 18 years may be permitted within the premises at
any time.
5. Open indoor areas.
19 EXHIBIT A
a. All indoor areas, within which patrons are permitted, except restrooms, must
be open to view at all times.
b. Adult booths and individual viewing areas are prohibited.
6. Restrooms.
a. Separate restroom facilities must be provided for male patrons and
employees, and female patrons and employees.
b. Male patrons and employees are prohibited from using any restroom for
females, and female patrons and employees are prohibited from using any
restroom for males, except to carry out duties of repair, maintenance and
cleaning of the restroom facilities.
c. The restrooms must be free from any sexually oriented material.
d. Restrooms may not contain television monitors or other motion picture or
video projection, recording or reproduction equipment.
e. This division does not apply to an adult business that deals exclusively with
the sale or rental of sexually oriented material that is not used or viewed on
the premises, such as an adult store or adult video store, and does not
provide restroom facilities to its patrons or the general public.
7. Residential conversions prohibited. No residential structure may be converted
for use as an adult business.
8. Portable structures prohibited. No adult business may be located in any
temporary or portable structure.
B. Operational standards.
1. Hours. No adult business may operate or be open for business between the
hours of 2:00 a.m. to 10:00 a.m.
2. Employment of minors prohibited. No owner or operator of any adult business
may employ or permit to be employed any person who is not at least 18 years of
age.
3. Presence of minors on premises prohibited.
a. No owner or operator of an adult business may allow or permit any person
under the age of 18 years to enter, be or remain in any such business.
20 EXHIBIT A
b. Operators must determine the age of persons who enter the premises by
posting an employee at the entrance to check the driver's license or other
authorized identification of each person entering the premises.
4. Screening of interior of premises and display of sexually oriented materials or
adult live entertainment.
a. No adult business may be operated in any manner that permits the
observation of any material or activities depicting, describing or relating to
specified sexual activities or specified anatomical areas, or adult live
entertainment, from any public way or from any location outside the building
or area of such establishment.
b. This provision applies to any display, decoration, sign, show window or other
opening.
c. No exterior door or window on the premises may be propped or kept open at
any time while the business is open, and any exterior windows must be
covered with opaque covering at all times or otherwise screened to prevent a
view of the interior in a manner approved by the Chief of Police.
5. Alcoholic beverages prohibited. No alcoholic beverages may be served,
consumed or sold on the premises of an adult business.
6. Illumination. All areas of the adult business must be illuminated at a minimum of
the following footcandles, minimally maintained and evenly distributed at ground
level:
Area
Footcandles
stores and other
retail establishments
20
theaters and
cabarets
5 (except during performances, at which time
lighting must be at least 1.25 footcandles)
arcades
110
modeling studios
120
7. Security measures.
a. On -site manager required.
i. All adult businesses must have a responsible person who is over the age
of 18 and is on the premises to act as manager at all times the business is
open, and shall be given by the owner or operator the responsibility and
21 EXHIBIT A
duty to address and immediately resolve all violations of law taking place
on the premises.
ii. No performer may serve as an on -site manager.
iii. If the on -site manager is not an owner, then the owners must provide the
Chief of Police with the individual background information set forth in
divisions (1) to (9) of Section 5.08.040(A) for such on -site manager, and
receive approval for each such on -site manager, utilizing the application
process under Section 5.08.050, prior to such individual commencing any
managerial duties at the premises.
b. Security guards required. Adult businesses must employ state - licensed,
uniformed security guards in order to maintain the public peace and safety,
based upon the following standards:
i. Adult businesses featuring adult live entertainment and performers must
provide at least one security guard at all times while the business is open.
If the occupancy limit of the premises is greater than 35 persons, an
additional security guard must be on duty.
ii. Security guards for other adult businesses may be required if it is
determined by the Chief of Police that their presence is necessary in order
to prevent any of the conduct prohibited in this chapter from occurring on
the premises.
c. Duties and qualifications of security guards.
i. Security guards have a duty to prevent violations of law and enforce
compliance by patrons with the requirements of this chapter.
ii. Security guards must be uniformed in such a manner so as to be readily
identifiable as a security guard by the public, and must be duly licensed as
a security guard as required under state law.
iii. No security guard required under this section may act as a door person,
ticket seller, ticket taker, admittance person, performer or on -site manager
while acting as a security guard.
d. Illumination requirements for off - street parking areas and building entries.
i. All off - street parking areas and building entries serving an adult business
featuring adult live entertainment must be illuminated during all hours of
operation, with a lighting system designed to provide at least an average
maintained, horizontal illumination of 1.50 footcandle of light on the
parking surface and walkway.
22 EXHIBIT A
ii. This required lighting level is established in order to provide sufficient
illumination of the parking areas and walkways serving the adult business,
for the personal safety of patrons and employees, and to reduce the
incidence of vandalism and theft.
iii. The lighting must be shown on the required site or plot plan and must be
accompanied by a photometric study.
iv. The required lighting must remain on for at least 30 minutes after the
closing time of the adult business to promote safety for its employees.
e. Security system for off - street parking areas. All off - street parking areas
serving an adult business featuring adult live entertainment must have a
security system that visually records and retains images of the entire parking
area for at least 14 days for the purposes of promoting safety and identifying
illegal activity.
8. Adult live entertainment; additional operating regulations. The following additional
requirements apply to adult businesses providing adult live entertainment:
a. No person may perform adult live entertainment for patrons of an adult
business except upon a permanently fixed stage, at least 18 inches above the
level of the floor, and surrounded by a three - foot -high barrier or by a fixed rail
at least 30 inches in height.
i. A distance of at least six feet, measured horizontally, must be maintained
between patrons and performers at all times during a performance.
ii. No patron may be permitted on the stage while the stage is occupied by a
performer. This provision does not apply to an individual viewing area,
where the performer is completely separated from the area in which an
individual views the performer by a permanent, floor -to- ceiling, solid
barrier.
b. No performer may have physical contact with any patron, and no patron may
have physical contact with any performer, while the performer is performing
on the premises.
i. This prohibition does not extend to incidental touching.
ii. Patrons must be advised of the no touching requirements by signs
conspicuously displayed and placed on the barrier between patrons and
performers, and utilizing red or black printing of letters not less than one
inch in size.
23 EXHIBIT A
iii. If necessary, patrons must also be advised of the no touching
requirements by employees or independent contractors of the
establishment.
c. While on or about the premises, all employees and independent contractors
of the adult business, including performers, must wear, at a minimum, an
opaque covering that covers their specified anatomical areas.
d. If patrons wish to pay or tip performers, payment or tips may be placed in
containers placed at least six feet from the stage used by the performers.
i. Patrons may not throw money to performers, place monies in the
performers' costumes, or otherwise place or throw monies on the stage.
ii. Patrons must be advised of this requirement by signs conspicuously
displayed and placed on the barrier between patrons and performers, and
utilizing red or black printing of letters not less than one inch in size.
e. The adult business must provide dressing rooms for performers, which are
separated by gender and exclusively dedicated to the performers' use, and
which the performers must use.
i. Same gender performers may share a dressing room.
ii. Patrons are not permitted in dressing rooms.
f. The adult business must provide an entrance /exit to the establishment for
performers that is separate from the entrance /exit used by patrons, and the
performers must use this entrance /exit at all times.
g. The adult business must provide access for performers between the stage
and the dressing rooms that is completely separated from the patrons.
i. If such separate access is not physically feasible, the adult business must
provide a minimum - three - foot -wide walk aisle for performers between the
dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the performers capable of (and that actually
results in) preventing any physical contact between patrons and
performers.
ii. The patrons must remain at least three feet away from the walk aisle.
iii. Nothing in this section is intended -to exempt the adult business from
compliance with the provisions of Title 24 of the California Code of
Regulations pertaining to handicapped accessibility.
24 EXHIBIT A
9. Adult theater; additional operating requirements. The following additional
requirements apply to adult theaters.
a. If the theater contains a hall or auditorium area, the area must comply with
each of the following provisions:
i. Have individual, separate seats, not couches, benches, or the like, to
accommodate the maximum number of persons who may occupy the hall
or auditorium area;
ii. Have a continuous main aisle alongside the seating areas so that each
person seated in the hall or auditorium area is visible from the aisle at all
times;
iii. Have a sign posted in a conspicuous place at or near each entrance to the
hall or auditorium area, listing the maximum number of persons who may
occupy the hall or auditorium area, which number may not exceed the
number of seats within the hall or auditorium area.
10. No owner, operator or on -site manager of any adult business may have pled
guilty, nolo contendere or been convicted within the past three years of any of the
following offenses, or convicted of an offense outside the state of California that
would have constituted any of the following offenses if committed within the state
of California: Cal. Penal Code Section 243.4, 261, 266a through 266j, inclusive,
267, 314, 315, 316, 318; or Cal. Penal Code Section 647a, b and d; any offense
requiring registration under provisions of either Cal. Penal Code Section 290 or
Cal. Health & Safety Code Section 11590; or any felony offense involving the
possession, possession for sale, sale, transportation, furnishing or giving away of
a controlled substance specified in Cal. Health & Safety Code Section 11054,
11055, 11056, 11057 or 11058, as those sections may hereafter be amended.
11. No owner, operator, employee or performer of an adult business may personally
solicit, or permit the personal solicitation of, motorists or pedestrians in the
vicinity of the adult business.
12. Every adult business must display, at all times during business hours, the license
issued pursuant to the provisions of this chapter for such adult business, in a
conspicuous place so that the license may be readily seen by all persons
entering the adult business.
13. No owner, operator or on -site manager may permit any person on the premises
of the adult business to engage in, nor may any performer perform at such
premises, a live showing of any of the following: (a) the human male or female
genitals, pubic area, or buttocks with less than a fully opaque covering, (b) the
female breasts with less than a fully opaque covering over any part of the nipple
or areola; or (c) covered male genitals in a discernibly turgid state. This provision
25 EXHIBIT A
may not be complied with by applying an opaque covering simulating the
appearance of the specific anatomical part required to be covered.
14. No performer may be employed, hired, engaged or otherwise retained by an
adult business to participate in or give any live performance without first having a
valid adult business performer license issued by the city.
5.08.070 Prohibited conduct at adult businesses.
A. No person may operate or manage, or cause to be operated or managed, an adult
business knowingly, or with reason to know, permitting, suffering, or allowing any
employee or independent contractor:
1. To engage in a lap dance with a patron at the business; or
2. To contract or otherwise agree with a patron to engage in a lap dance with a
person at the business; or
3. To intentionally touch any patron at an adult business while performing adult live
entertainment; or
4. To voluntarily be within six feet of any patron while performing adult live
entertainment; or
5. To solicit or request any gratuity, pay or any other form of consideration from a
patron on the premises of the adult business while performing adult live
entertainment.
B. No person at any adult business may intentionally touch an employee or
independent contractor who is performing adult live entertainment at the adult
business.
C. No person at any adult business may engage in a lap dance with an employee or
independent contractor at the adult business.
D. No person may directly pay, offer to pay, or otherwise seek to provide a gratuity, pay
or any other form of consideration, to a performer at an adult business. No person
may use an intermediary, such as an employee or independent contractor, to offer,
provide, or otherwise pay a gratuity or other form of consideration to a performer at
an adult business.
E. No performer may engage in a performance or solicit a performance between the
hours of 2:00 a.m. and 10:00 a.m.
26 EXHIBIT A
F. No employee or independent contractor at an adult business may appear on the
premises of the adult business in the nude, seminude, or display or expose specified
anatomical areas.
5.08.080 License requirements; effect of noncompliance.
The requirements described in Sections 5.08.060 and 5.08.070 are conditions of an
adult business license, and the failure to comply with any applicable requirement is
grounds for revocation of the license issued pursuant to this chapter.
5.08.090 License duration.
An adult business license is valid for a period of one year from the date of issuance.
5.08.100 License renewal.
A. An adult business license must be renewed on an annual basis, provided that the
owner and the adult business continues to meet all applicable requirements set forth
in this chapter.
B. A request for license renewal must be accompanied by an adult business license
application, completed in full detail with current information.
1. The application and appropriate fee must be received by the city at least 45
calendar days prior to the expiration of the existing license.
2. The city will process a request for a license renewal in the same manner as the
original application.
5.08.110 License transferability.
A. No adult business license may be sold, transferred or assigned by any owner, or by
operation of law, to any other person unless and until the transferee obtains an
amendment to the license from the Chief of Police stating that the transferee is now
the owner.
1. Such an amendment may be obtained only if the transferee files an application
with the City Manager or his or her designee in accordance with Section 5.08.040
(including payment of the applicable application fee), and the Chief of Police
determines, in accordance with Section 5.08.050, that the transferee would be
entitled to the issuance of the original license.
2. Without such amendment to the license, any other purported sale, transfer or
assignment, or attempted sale, transfer or assignment, will be deemed to
constitute a voluntary surrender of the license, and thereafter the license will be
null and void.
27 EXHIBIT A
B. An adult business license held by a corporation, partnership or limited liability
company is subject to the same rules of transferability.
C. An adult business license will be valid only for the exact location specified in the
license.
5108.120 Enforcement and revocation.
I
A! Inspections. All law enforcement and code enforcement officers have the right to
enter the premises of an adult business, from time to time during regular business
hours, to make reasonable inspections, to observe and enforce compliance with
building, fire, electrical, plumbing or health regulations, and to ascertain whether
there is compliance with the provisions of this chapter.
B. Grounds for revocation. The Chief of Police may revoke an adult business license
when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
2. The application is discovered to contain incorrect, false or misleading
information; or
3. An owner has pled guilty, nolo contendere or been convicted of a felony or
misdemeanor occurring upon, or relating to, the premises or lot upon which the
adult business is located, which offense is one of those listed in Section
5.08.060(b)(11); or
4. On two or more occasions within a 12 -month period, any operator, employee,
agent or contractor of the owner has pled guilty, nolo contendere or been
convicted of a felony or misdemeanor occurring upon, or relating to, the premises
or lot upon which the adult business is located, which offense is one of those
listed in Section 5.08.060(b)(11); or
5. The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
6. The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed the premises to be used as a place where a controlled
substance has been illegally consumed, sold or exchanged; or
7. The adult business has been operated in violation of any of the requirements of
this chapter and:
a. If the violation is of a continuous nature, the business continues to be
operated in violation of such provision for more than ten days following the
28 EXHIBIT A
date written notice of such violation is mailed or delivered to the owner or
operator; or
b. If the violation is of a noncontinuous nature, one or more additional violations
of the same provision, or two or more violations of any other of the provisions,
of this chapter occur (regardless of whether notice of each individual violation
is given to the owner or operator) within any 12 -month period.
C. Notice of revocation.
1. Upon determining that grounds for license revocation exist, the Chief of Police
will furnish written notice of the proposed revocation to the owner.
2. Such notice must summarize the principal reasons for the proposed revocation,
and state that the revocation will become effective on the 20th day after the
notice was deposited in the U.S. mail, unless the owner files an appeal under
Section 5.08.130.
3. The notice must be delivered both by posting the notice at the location of the
adult business, and by sending the same, by certified mail, to the owner as that
name and address appears on the license.
5.08.130 Appeals.
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for, or revocation of, an adult business license, by filing a complete notice
of appeal with the City Clerk within 10 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing, stating the grounds for disagreement with the Chief of Police's
stated decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager will hear the appeal and the City Clerk
will cause to be set a date for the hearing of the appeal not more than 30 days from
the date the appeal is received.
1. The hearing will be a de novo hearing on the action which is the subject of the
appealed.
29 EXHIBIT A
2. At the hearing, the appellant will have the right to offer testimonial, documentary
and tangible evidence bearing upon the issues..
3. The City Manager will not be bound by the formal rules of evidence.
4. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness.
C. The City Manager will issue written findings and a decision within 15 days of the
conclusion of the hearing, and send notice of the decision by certified mail to the
appellant. The notice of the decision must include reference to the appellant's right
to prompt judicial review under Cal. Civ. Proc. Code Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is sought -
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.08.140 Reapplication after denial or revocation.
A. Reapplication after denial.
1. An applicant for a license under this chapter, whose application for such license
has been denied, may not reapply for a license for a period of two years from the
date such notice of denial was deposited in the mail or received by the licensee,
whichever occurs first.
2. However, a reapplication prior to the termination of two years may be made if
accompanied by evidence that the ground or grounds for denial of the application
no longer exists.
B. Reapplication after revocation. No person may obtain an adult business license for
three years from the date any order of license revocation affecting such person has
become final.
5.08.150 Violations.
A. Any owner, operator, licensee, employee or independent contractor of an adult
business violating or permitting the violation of any of the provisions of this chapter
will be subject to any and all civil remedies, including license or license revocation.
All remedies provided herein are cumulative and not exclusive.
B. In addition to the remedies set forth in division (A), any adult business operating in
violation of these provisions is hereby declared to constitute a public nuisance and,
as such, may be abated or enjoined from further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing
process, and any violation of this chapter does not constitute a criminal offense.
30 EXHIBIT A
Notwithstanding any other provision of this code, the city does not impose a criminal
penalty for violations of this chapter related to expressive activities.
5.08.160 Discontinued use.
Notwithstanding any provision to the contrary in this code, if an adult business is
abandoned for a period of six consecutive months, the Chief of Police shall, after public
hearing, have the authority to revoke the adult business license. The public hearing
shall be noticed in accordance with Government Code Section 65091.
5.08.170 Regulations nonexclusive.
The provisions of this chapter are not intended to be exclusive, and compliance
therewith will not excuse noncompliance with any other applicable regulations pertaining
to the operation of businesses adopted by the city.-
SECTION 6. Code Amendment. Chapter 5.10 (Adult Business Performers) shall
be added to Title 5 of the Rosemead Municipal Code to read as follows
Chapter 5.10
ADULT BUSINESS PERFORMERS
Sections:
5.10.010
Purpose.
5.10.020
Definitions.
5.10.030
Adult business. performer license required.
5.10.040
Investigation and action on license application.
5.10.050
License revocation.
5.10.060
Appeals.
5.10.070
Display of license identification cards.
5.10.080
License non - transferable.
5.10.090
Violations.
5.10.010 Purpose.
A. The purpose of this chapter to provide for the licensing of adult business performers
in order to promote the health, safety, and general welfare of the city.
B. The intent of the adult business performer licensing provisions are: (1) to protect
minors by requiring that all performers be over the age of 18 years; (2) to assure the
correct identification of persons performing in adult businesses; (3) to enable the city
to deploy law enforcement resources effectively; and (4) to detect and discourage
the involvement of crime in adult businesses, by precluding the licensing of
performers with certain sex - related convictions within a prescribed time period.
31 EXHIBIT A
C. It is neither the intent nor the effect of these regulations to invade the privacy of
performers, or to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent nor the effect of these
regulations to restrict or deny access by adults to communicative materials or to
deny access by the distributors or exhibitors of adult businesses to their intended,
lawful market.
D. Nothing in these regulations is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use that
violates any city ordinance 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.
5.10.020 Definitions.
The definitions contained in Chapter 5.08 of this code also apply to this chapter, with the
following additions:
"Licensee" means a person who is issued an adult business performer license under
this chapter.
5.10.030 Adult business performer license required.
A. No performer may be employed, hired, engaged, or otherwise retained by an adult
business to participate in, or give any performance of, adult live entertainment
without first having a valid adult business performer license issued by the city.
B. The Chief of Police is responsible for the processing, investigation, and issuance of
adult business performer licenses in accordance with this chapter.
C. License applicants must file a license application or renewal application with the City
Manager or his or her designee on a form provided by the city. At minimum, this
application form must contain the following information:
1. The applicant's legal name and any other names (including "stage names" and
aliases) used by the applicant;
2. Principal place of residence;
3. Age, date, and place of birth;
4. Height, weight, hair and eye color, tattoo descriptions and locations;
5. Each present or proposed business address and telephone number of the
establishments at which the applicant intends to work;
32 EXHIBIT A
6. Driver's license or identification number and state of issuance;
7. Social Security number;
8. Satisfactory written proof that the license applicant is a least 18 years of age; '
9. The license applicant's fingerprints on a form provided by the city, and two
passport-size photographs clearly showing the applicant's face.
a. Any fees for the photographs and fingerprints will be paid by the applicant.
b. Fingerprints and photographs must be taken within six months of the date of
application;
10.Whether the applicant has pled guilty, nolo contendere or been convicted of an
offense classified by this or any other state as a sex - related offense within five
years since the date of conviction or the date of release from confinement to the
date of application, whichever is the later date.
11.If the application is made for the purpose of renewing a license, the applicant
must attach a copy of the license to be renewed.
D. The information provided above in division (C) that is personal, private, confidential,
or the disclosure of which could expose the applicant to the risk of harm, including
but not limited to, the applicant's residence address, telephone number, date of birth
and age, driver's license and Social Security number, will not be disclosed, provided
such nondisclosure is in accordance with the California Public Records Act.
E. The completed application must be accompanied by a non - refundable application
fee and annual license fee. The amount of such fees will be as set forth in the
schedule of fees established by City Council resolution.
F. The Chief of Police will determine whether the application is complete within two
business days.
1. If the Chief of Police determines that the application is incomplete, the Chief of
Police must immediately inform the applicant of such fact, and the reasons
therefor, including any additional information necessary to render the application
complete.
2. Upon receipt of a completed adult business performer application, the Chief of
Police will, within two business days, issue a temporary adult business performer
license that will automatically expire 30 business days from the date of issuance,
unless extended as provided in Section 5.10.040(D). This temporary adult
business performer license authorizes a performer to commence performance at
33 EXHIBIT A
an adult business that possesses a valid adult business license authorized to
provide adult live entertainment.
G. The fact that a license applicant possesses other types of state or city permits or
licenses does not exempt the license applicant from the requirement of obtaining an
adult business performer license.
5.10.040 Investigation and action on license application.
A. Upon submission of a completed application and issuance of a temporary adult
business performer license, the Chief of Police will promptly cause the investigation
of the information contained in the application to determine whether the applicant
should be issued an adult business performer license.
B. The Chief of Police's decision to grant or deny the adult business performer license
must be made within 30 business days from the date the temporary license was
issued.
1. If the application is denied, the Chief of Police must include a written statement of
the reasons for the denial. Such notice must also advise the applicant of the right
to appeal the denial under Section 5.10.060.
2. If the application is granted, the Chief of Police will attach the adult business
performer license to the notice.
3. The decision will be mailed or personally delivered to the applicant at the address
provided in the application.
C. The Chief of Police may deny the application based on any of the following grounds:
1. The applicant has made false, misleading or fraudulent statement of material fact
in the application for an adult business performer license.
2. The applicant is under 18 years of age.
3. The adult business performer license is to be used for performing in a business
prohibited by laws of the state or city, or at a business that does not have a valid
adult business license.
4. The occurrence of any of the events set forth in Section 5.10.030(c)(10).
D. If the Chief of Police fails to render a decision on the license within the time frame
established by this section, the application will be deemed approved, subject to an
appeal under Section 5.10.060.
34 EXHIBIT A
E. Each adult business performer license, other than the temporary adult business
performer license described in Section 5.10.020(F), will expire one year from the
date of issuance, and may be renewed only by filing with the Chief of Police a written
request for renewal, accompanied by the annual license fee and a copy of the
license to be renewed, at least 30 days prior to the expiration of the license.
1. If the application conforms to the previously approved application and there has
been no change with respect to the licensee being convicted of any crime
classified by this or any other state as a sex - related offense, and no evidence
that the licensee has failed to comply with any of the operating standards of
Chapter 5.08 applicable to a performer or the requirements of this chapter, the
Chief of Police will renew the license for one year.
2. An application for renewal will be acted upon in the same manner as the
application for the original license.
3. If the Chief of Police denies renewal of the application, that decision is also
appealable under Section 5.10.060.
5.10.050 License revocation.
A. A license may be revoked, based on any of the following causes arising from the
acts or omissions of the licensee:
1. The licensee has made a false, misleading or fraudulent statement of material
fact in the application for a performer license.
2. The licensee has pled guilty, nolo contendere or been convicted of an offense as
set forth in Section 5.10.030(c)(10).
3. The licensee has failed to comply with any of the operating standards of Chapter
5.08 applicable to a performer or the requirements of this chapter.
B. In determining that grounds for license revocation or suspension exist, the Chief of
Police will furnish written notice of the proposed action to the licensee.
1. Such notice will set forth the time and place of a hearing before the Chief of
Police, the grounds, including the factual matters, in support of such proposed
action, and the pertinent code sections.
2. The notice will be mailed, postage prepaid, to the last known address of the
licensee, or personally delivered to the licensee, at least ten days prior to the
hearing date.
C. At the hearing, the licensee will have the right to offer testimonial, documentary and
tangible evidence bearing upon the issues.
35 EXHIBIT A
1. The Chief of Police will not be bound by the formal rules of evidence.
2. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness at the request of the licensee.
D. After the hearing, the Chief of Police will either sustain or overrule the decision of the
Chief of Police to issue the initial adult business performer license and render a
written decision within two business days of the hearing.
1. The decision will be sent by certified mail to the applicant or licensee.
2. The decision of the Chief of Police must include reference to the right to prompt
judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the Chief of Police will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.060 Appeals.
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for an adult business performer license, by filing with the City Clerk a
complete notice of appeal within 15 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing;
2. State the grounds for disagreement with the Chief of Police's stated decision;
3. Include the address to which notice is to be mailed;
4. Be signed under penalty of perjury; and
5. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager will hear the appeal.
C. The City Clerk must set a hearing date not more than 30 days from the date of the
filing of the appeal. The hearing may be continued for good cause.
D. The City Manager will issue findings in writing within 15 days of the conclusion of the
hearing.
1. The written findings and decision will be sent by certified mail to the appellant.
36 EXHIBIT A
2. The notice of the decision must include reference to the appellant's right to
prompt judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the City Manager will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.070 Display of license identification cards.
A. The Chief of Police will provide each adult business performer whose application is
approved with an identification card containing the name, address, photograph, and
license number of such performer.
B. Every performer must have such card available for inspection at'all times the
performer is on the premises of the adult business at which he or she performs.
5.10.080 License non - transferable.
A. No adult business performer license may be sold, transferred, or assigned by any
licensee or by operation of law, to any other person.
B. Any such sale, transfer, or assignment; or attempted sale, transfer, or assignment,
will be deemed to constitute a voluntary surrender of the adult business performer
license, and the license thereafter will be void.
5.10.090 Violations.
A. Any licensee violating any of the provisions of this chapter or the provisions of
Chapter 5.08 regulating adult business performers will be subject to license
revocation, and any and all other civil remedies.
1. All remedies provided herein are cumulative and not exclusive.
2. Any such violation will constitute a separate violation for each and every day
during which it is committed or continued.
The regulations imposed under this chapter are part of a regulatory licensing process,
and violations of this chapter do not constitute a criminal offense. Notwithstanding any
other provision of this code, the city does not impose a criminal penalty for violations of
the provisions of this chapter related to "expressive activities."
SECTION 7. Code Amendment. Section 17.44.080 (Adult Oriented Businesses)
of the Rosemead Municipal Code is HEREBY DELETED in its entirety.
SECTION 8. Code Amendment. Section 17.56.025 (Adult Businesses) shall be
added to Chapter 56 of Title 17 of the Rosemead Municipal Code to read as follows:
37 EXHIBIT A
17.56.025 Adult businesses.
Adult businesses shall be allowed to locate in the M -1 zone subject to obtaining an adult
business license in accordance with Chapters 5.08, 5.10, and 17.80 of this code.
SECTION 9. Code Amendment. Chapter 17.80 (Adult Businesses) of the
Rosemead Municipal Code is HEREBY AMENDED to read as follows
Chapter 17.80
ADULT BUSINESSES
Sections:
17.80.010 Purpose.
17.80.020 Locational requirements.
17.80.010 Purpose.
The purpose of this chapter is to establish a comprehensive set of regulations
applicable to the location of adult businesses within the city. The words and phrases
used in this section are governed by the definitions contained in Chapters 5.08 and 5.10
of this code.
17.80.020 Locational requirements.
A. Permitted districts. Adult businesses are permitted in the M -1 Zone.
B. Locational standards.
1. Adult businesses may not be located:
a. Within 500 feet of any property zoned R -1, R -2, R -3, or any lot where there is
an actual residential use within the city limits;
b. Within 500 feet of any churches or other places used exclusively for religious
worship, whether inside or outside of the city limits;
c. Within 500 feet of any public or private school (grades K -12) or child care
establishment, whether inside or outside the city limits;
d. Within 500 feet of any public park or playground, or any city facility, including
but not limited to, city hall, the city library, and any police or fire station;
e. Within 500 feet of any property upon which is located a business with a Type
40, 42, 48 or 61 on -site alcoholic beverage license.
38 EXHIBIT A
f. Within 1,000 feet of any other adult business, whether inside or outside the
city limits.
g. Within 1,000 feet of any massage establishment, whether inside or outside
the city limits.
2. The distances specified in this division will be measured in a straight line, without
regard to intervening structures, from the nearest property line of the premises in
which the proposed adult business is to be established to the nearest property
line of a use or zoning classification listed above.
Adult business license required. Adult businesses must obtain and maintain an adult
business license in compliance with all applicable requirements of Chapter 5.08 of this
code. Adult Business Performers must obtain and maintain an adult business performer
license in compliance with all applicable requirements of Chapter 5.10 of this code.
SECTION 10. Severability. If any section, subsection, sentence, clause, or
phrase of this urgency ordinance is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this urgency ordinance. The City Council hereby
declares that it would have passed and adopted Urgency ordinance No. 914 and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the urgency ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 11. Publication. The City Clerk shall cause this urgency ordinance to
be published in the manner required by law.
SECTION 12. Effective Date.
The Mayor shall sign and the City Clerk attest to the passage of this Ordinance.
The City Clerk shall cause the same to be published once in the official newspaper within
15 days after its adoption. This ordinance shall take effect immediately.
PASSED, APPROVED AND ADOPTED this 22nd day of March 2011.
, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Rachel Richman, City Attorney
39 EXHIBIT A
ORDINANCE NO. 903
AN ORDINANCE OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 10 -04, AMENDING CHAPTER 5.08 AND ADDING NEW
CHAPTER 5.10 TO THE ROSEMEAD MUNICIPAL CODE PERTAINING
TO THE REGULATION OF ADULT BUSINESSES AND ADULT
BUSINESS PERFORMERS; AND AMENDING CHAPTERS 17.44, 17.56,
AND 17.80 THE ROSEMEAD MUNICIPAL CODE PERTAINING TO THE
ZONING AND LOCATIONAL REQUIREMENTS FOR ADULT
BUSINESSES.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1 . Findings. The City Council of the City of Rosemead hereby finds
and declares that:
(a) It is necessary and appropriate to amend Chapters 5.08, 17.44, 17.56,
and 17.80 of the Rosemead Municipal Code and add new Chapter 5.10 to refine and
update the appropriate zoning districts and locations for potential adult businesses and
enhance the permitting and operational standards for adult businesses, and establish a
licensing process for adult business performers. The public health, safety and welfare
of the City and its residents require the enactment of this ordinance and such operating
standards for adult businesses in order to: (1) mitigate and reduce the judicially
recognized potentially adverse secondary effects of adult businesses, including but not
limited to: crime, the prevention of blight in neighborhoods, and the increased threat of
the spread of sexually transmitted diseases; and (2) protect the quality of life and
neighborhoods in the City, the City's retail and commercial trade, and local property
values, and minimize the potential for nuisances related to the operation of adult
businesses; while (3) recognizing that some of the expressive activity associated with
certain aspects of adult businesses is constitutionally protected.
(b) The City Council, in adopting this ordinance, takes legislative notice
pursuant to California Government Code Section 65850.4 of the existence and content of
the following studies concerning the adverse secondary side effects of adult businesses
in other cities: Alhambra, California (2007), Industry, California (2004); Dallas, Texas
(1997); Houston, Texas, (1997); Newport News, Virginia (1996); New York City, New
York (1994); Times Square, New York (1994); Oklahoma City, Oklahoma (1992); Garden
Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); St. Paul,
Minnesota (1988); 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
1 EXHIBIT B
this ordinance to regulate the adverse secondary side effects of adult businesses, and
more specifically finds that these studies provide convincing evidence that:
1. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses, including but
not limited to an increase in the crimes of narcotics distribution and use, prostitution,
pandering, and violence against persons and property. The studies from other cities
establish by convincing evidence that adult businesses that are not regulated as to
operating standards often have a deleterious effect on nearby businesses and residential
areas, causing, among other adverse secondary effects, an increase in crime and a
decrease in property values.
2. Regulations for adult businesses should be developed to prevent
deterioration or degradation of the vitality of the community before the problem exists,
rather than waiting for problems to be created.
(c) Based on the foregoing, the City Council finds and determines that special
regulation of adult businesses is necessary to ensure that their adverse secondary effects
will not contribute to an increase in crime rates or to the deterioration of the areas in
which they may locate or surrounding areas. The need for such special regulations is
based upon the nationally and judicially recognized evidence that adult businesses have
serious objectionable operational characteristics, particularly when several of them are
concentrated under certain circumstances or located in direct proximity to sensitive uses
such as residences, parks, schools, and places of religious worship, thereby having a
deleterious effect upon the adjacent areas. One of the purposes and intents of these
special regulations is to prevent the concentration of adult businesses and thereby
prevent such adverse secondary effects. In addition, there is substantial evidence that an
increase in crime tends to accompany, concentrate around, and be aggravated by adult
businesses, including but not limited to an increase in the crimes of narcotics
distribution and use, prostitution, pandering, and violence against persons and property.
(d) In developing this ordinance, the City Council is mindful of legal principles
relating to regulation of adult businesses, and the City Council 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
businesses. The City Council has considered decisions of the United States Supreme
Court regarding local regulation of adult businesses, including but not limited to: City of
Los Angeles v. Alameda Books, 535 U.S. 425, 122 S. Ct. 1728 (2002); City of Erie v.
Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120 S.Ct. 1382 (2000); Barnes v. Glen
Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991); FW /PBS, Inc. v. City of Dallas, 493
U.S. 215, 110 S.Ct. 596 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41,
106 S.Ct. 925 (1986); and Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct.
2440 (1976); decisions of the United Stated Court of Appeals for the Ninth Circuit,
including but not limited to: Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005);
Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); Diamond v. City of
2 EXHIBIT B
Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of
San Diego, 258 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807
(9th Cir. 2000), cert. denied 531 .U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d
1050 (9th Cir. 2000), cert. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los
Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted 121 S.Ct. 1223 (2001); Baby Tam
& Co., Inc. v. City of Las Vegas (`Baby Tam I'), 154 F.3d 1097 (9th Cir. 1998); Baby
Tam & Co., Inc. v. City of Las Vegas (`Baby Tam 11), 199 F.3d 1111 (9th Cir. 2000);
Baby Tam & Co., Inc. v. City of Las Vegas (`Baby Tam Ill'), 247 F.3d 1003 (9th Cir.
2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999);
Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053
(2000); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993), cert.
denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986);
and BSA, Inc. v. King County, 804 F.2d 1104 (9th Cir. 1986); several California cases,
including but not limited to: Department of Alcoholic Beverage Control v. Alcoholic
Beverage Control Appeals Board of California ( "Vicary'), 99 Cal.AppAth 880 (2002);
Tily B., Inc. v. City of Newport Beach, 69 Cal.AppAth 1 (1998); City of National City v.
Wiener, 3 CalAth 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court
(Lucero) 49 Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169
(1985), cert. denied 475 U.S. 1064 (1986); and other federal cases, including but not
limited to: Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v.
Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lakeland Lounge v.
City of Jackson, 973 F.2d 1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993);
International Eateries v. Broward County, 941 F.2d 1157 (11th Cir. 1991), cert. denied
503 U.S. 920 (1992); and Star Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir.
1986).
(e) The locational requirements established by this ordinance do not
unreasonably restrict the establishment or operation of constitutionally protected adult
businesses in the City, and a sufficient reasonable number of appropriate locations for
adult businesses are provided by this ordinance.
(f) The City Council also finds that locational criteria alone do not adequately
protect the health, safety, and general welfare of the citizens of the City, and thus
certain requirements with respect to the ownership, operation, and licensing of adult
businesses are in the public interest. 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 also takes
legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d
1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects
such as prostitution, drug dealing, and other law enforcement problems.
(g) 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, performers, and
other persons who publicly perform specified sexual activities or publicly display
3 EXHIBIT B
specified anatomical areas in adult businesses (collectively referred to as "performers ")
have been found to engage in sexual activities with patrons of adult businesses on the
site of the adult business.
2. Evidence has demonstrated that performers employed by adult
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 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 locations for engaging in
unlawful sexual activity.
5. As a result of the above, and the continuing public health threat
associated with HIV, AIDS, and hepatitis B, which are sexually transmitted or blood
borne diseases, the City has a substantial interest in adopting regulations that will
reduce the possibility for the occurrence of prostitution and unlawful sex acts at adult
businesses in order to protect the health, safety, and well -being of its citizens. The City
finds this is relevant to the experience of Rosemead and the need to regulate the
secondary effects of adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the
City must be protected by the establishment of standards to diminish the possibility of
infection of contagious diseases.
(h) The City Council is cognizant of the specific danger from the sexually
transmitted disease AIDS, which is currently irreversible and fatal. The City Council
takes legislative notice of the County of Los Angeles "HIV Prevention Plan 2004 - 2008,"
County of Los Angeles Department of Health Services ( "County HIV Prevention Plan ").
The County HIV Prevention Plan states that as of July 2004 there was a total of 48,510
persons living with AIDS and that the total number of such persons has increased since
1995. According the County HIV Prevention Plan, over 1,700 persons living with AIDS
are in the San Gabriel Valley special planning area. There have been at least 28,810
AIDS - related deaths reported in Los Angeles County since the mid- 1980s. The County
also reports a slight increase in AIDS deaths in 2001.
(i) The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia. The City Council
takes legislative notice of the County of Los Angeles Department of Health Services
"Sexually Transmitted Disease Morbidity Report (2000- 2004)," ( "County STD Report").
The County STD Report indicates that the between 2000 and 2004 the number of
reported cases in Los Angeles County of: (1) syphilis increased from 1,918 to 2,016; (2)
gonorrhea increased from 7,199 to 9,696; and (3) Chlamydia increased from 30,546 to
4 EXHIBIT B
38,464. It should also be noted that numerous studies have shown that sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the
transmission of HIV.
0) In recognition of these negative secondary effects generated by adult live
entertainment, a number of courts have upheld prohibitions on totally nude performers,
distance limitations between performers and patrons, prohibitions against physical
contact between performers and patrons, and precluded direct exchange of monies
between performers and patrons at adult businesses that provide live entertainment,
including, but not limited to: City of Erie v. Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120
S.Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991);
Gammoh v. City of La Habra, 395 F.3d 1114 (9 Cir. 2005); Tily B. v. City of Newport
Beach ( 1999) 69 Cal.AppAth 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998);
BSA, Inc. v. King County, 804 F.2d 1104, 1110 -11 (9th Cir. 1986); Kev, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp.
1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and
Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995).
(k) The City Council believes that prohibiting totally nude performers and
physical contact between performers and patrons at adult businesses, prohibiting
booths and concealed viewing areas, requiring separate entrances for performers from
those used for patrons, requiring separate restrooms for opposite sexes, prohibiting
performers from soliciting payment from patrons, and prohibiting the direct payment to
performers by patrons are a reasonable and effective means of addressing the
legitimate governmental interests of preventing prostitution, the spread of sexually
transmitted diseases, and drug transactions. The case law and studies establish this
link.
(1) In considering appropriate operational regulations for adult businesses,
the City Council finds that:
1. Preventing the exchange of money between performers and
patrons also reduces the likelihood of drug and sex transactions occurring in adult
businesses.
2. Requiring separations between performers and patrons precludes
them from being within earshot to communicate and thereby reduces the likelihood that
such persons will negotiate narcotics sales or transact sexual favors within the adult
business.
3. Enclosed or concealed booths and dimly lit areas within adult
businesses greatly increase the potential for misuse of the premises, including unlawful
conduct of a type which facilitates transmission of disease. Prohibiting such enclosed
or concealed spaces and requiring adequate lighting to be provided reduces the
opportunity for, and therefore the incidence of illegal conduct within adult businesses,
5 EXHIBIT B
and further facilitates the inspection of the interior of the premises thereof by law
enforcement personnel.
A. The City Council recognizes and relies on the findings set
forth in the 1986 Attorney General's Report on Pornography in support of this ordinance
including, but not limited to, its recommendations that local governments ban certain
features of video booths that facilitate carnal sexual encounters.
B. With respect to booths, these findings include the following:
The inside walls of the booth are typically covered with graffiti and messages, usually of
a sexual nature and consisting of telephone numbers, names, requests and offers for
sex acts, anatomical descriptions, and sketches. Some booths also contain a chart
used as an appointment schedule that is utilized to schedule appointments for sex acts
that take place in that particular booth. In some instances, this arrangement has been
used for the solicitation of prostitutes. Many of these booths are equipped with a hole in
the side wall between the booths to allow patrons to engage in anonymous sex
including both oral and anal sex acts. Inside the booths, the floors and walls are often
wet and sticky with liquid or viscous substances, including semen, urine, feces, used
prophylactics, gels, saliva, or alcoholic beverages. The City concludes, based in part on
the description of the illicit sexual activity as noted within the Attorney General's Report,
that the presence of enclosed booths and viewing areas is likely to lead to the above
described secondary effects.
C. Likewise, the City Council recognizes and relies on the
findings set forth in the May 1990 study conducted by the City of Tucson in support of
this ordinance including, but not limited to, the findings that holes were present in the
walls of adjoining booths within adult entertainment establishments, and that these
holes were used by male patrons to facilitate sex acts with the occupant of the
neighboring booth. The Council reasonably believes that the Tucson experience, along
with the Attorney General's Report, is relevant to the problems potentially associated
with adult businesses in Rosemead.
D. The City Council finds that prohibiting adult booths and
individual viewing areas is necessary to eliminate the masturbation and sexual activity
that are known to occur in such closed booths and areas, and which present significant
health and safety concerns with respect to communicable diseases, including AIDS.
The City Council takes further note of the Ninth Circuit's decision in Ellwest Stereo
Theatres, Inc. v. Weiner, 681 F.2d 1243 (9th Cir. 1982) and its finding that there is no
constitutional right to unobserved masturbation in a public place.
(m) The City Council also finds the establishment of an adult business
regulatory licensing process, operational standards for adult businesses, and performer
licensing provisions are legitimate and reasonable means of ensuring that:
1. Operators of and performers at adult businesses comply with the
City's regulations;
6 EXHIBIT B
2. The recognized adverse secondary impacts of a proposed adult
business are mitigated;
3. Adult business operators have specific guidelines with respect to
the manner in which they can operate an adult business;
4. The applications for adult business regulatory licenses and
performer licenses are handled fairly and expeditiously; and
5. The correct identification of performers working.in adult businesses
occurs so that the City is able to effectively deploy resources and detect and discourage
prostitution and criminal activity from occurring in and around adult businesses.
(n) The City finds that law enforcement agencies maintain separate
databases for drug - related convictions, prostitution convictions and sex crime offender
registration, and that knowledge of an applicant's true identity is necessary to conduct
background checks in such databases. The County Sheriff has determined, based
upon the experience of its police officers and its past experiences, along with other law
enforcement agencies, that fingerprinting is the only reliable method for determining a
person's true identity for the purposes of background checks.
(o) The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses and recognizes the need to enact
regulations which will minimize and /or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate
matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council
further takes legislative notice of the cases that recognize that protection of minors from
sexually explicit materials is a compelling government interest, including Crawford v.
Lungren, 96 F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v.
City of Santa Barbara, 40 Cal.AppAth 1075 (1995).
(p) While the City Council desires to protect the rights conferred by the United
States Constitution to adult businesses, it does so in a manner that ensures the
continued and orderly use and development of property within the City and diminishes,
to the greatest extent feasible, those undesirable adverse secondary effects which the
above mentioned studies and judicial record have shown to be associated with the
operation of adult businesses.
(q) Operating standards are a legitimate and reasonable means of ensuring
that adult businesses are conducted in a manner so as to minimize their adverse
secondary effects and to help assure that such operators and businesses comply with
reasonable regulations related to such requirements to minimize and control problems
associated with such businesses and thereby protect the health, safety, and welfare of
City residents, protect citizens from increased crime, preserve the quality of life,
preserve property values and the character of surrounding neighborhoods and
7 EXHIBIT B
businesses, and deter the spread of urban blight. The operational requirements
contained in this ordinance do not unreasonably restrict the establishment or operation
of constitutionally protected adult businesses in the City.
(r) The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication. For
example, the closing hours requirement means that adult businesses are free to operate
7 days a week-for 16 hours per day. The City Council takes note of the proliferation of
adult material on the Internet, satellite television, direct television, CDs, DVDs, and that
these various media provide alternative avenues of communication. The City Council
also considers and relies on published decisions examining the proliferation of
communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844
(1997) [the principle channel through which many Americans now transmit and receive
sexually explicit communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d
325 (4th Cir. 1996), cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a
First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements
on billboards acknowledging that the Internet is one available channel of
communication]; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v.
Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519 U.S. 820 [recognizing the
Internet as a medium for transmission of sexually explicit material in the context of
obscenity prosecutions]; DiMa Corporation v. Town of Hallie, 60 F.Supp.2d 918 (W.D.
Wisconsin 1998) [adult bookstore able to operate after regulated hours using the
Internet].) The emergence of the Internet brings with it a virtually unlimited additional
source of adult oriented sexual materials available to interested persons in every
community with a mere keystroke. An adult business no longer has to be "actually"
physically located in a city to be available in the community.
(s) The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult facilities and
reasonably relies on prior court decisions on the need for closing hours including Dream
Palace v. County of Maricopa, 384 F.3d 990 (9 "' Cir. 2004); Mitchell v. Comm. on Adult
Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville,
973 F.Supp. 1428 (M.D. Fla. 1997); Lady J. Lingerie, Inc. v. City of Jacksonville, 176
F.3d 1358 (11th Cir. 1999); and City of Colorado Springs v. 2354 Inc., 896 P.2d 272
(1995).
(t) The City Council does not intend to regulate in any area preempted by
California law, including but not limited to, regulation of obscene speech, nor is it the
intent of the City Council to preempt regulations of the State Alcoholic Beverage Control
( "ABC ").
(u) The City Council finds that the occurrence of nudity in alcoholic beverage
establishments located in close proximity to residential areas, religious institutions,
schools, and parks has a detrimental effect on such uses, and that the location of such
establishments in close proximity to each other has a detrimental effect on the entire
neighborhood. Therefore, the City Council finds that in order to preserve public peace
8 EXHIBIT B
and good order, the integrity of residential neighborhoods, and other sensitive land
uses, it is necessary and advisable to regulate alcoholic beverage facilities permitting
nudity.
(v) It is not the intent of the City Council in enacting this ordinance, or any
provision thereof, to condone or legitimize the distribution of obscene material, and the
City recognizes that state law prohibits the distribution of the obscene materials and
expects and encourages law enforcement officials to enforce state obscenity statutes
against such illegal activities in the City.
(w) Nothing in this ordinance 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 or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or
the exhibition or public display thereof.
SECTION 2 . 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 businesses. In
this regard, the findings set forth in Section 1 of this ordinance are incorporated herein by
reference. This ordinance provides for the amendment of existing regulations applicable
to adult businesses and provides for zoning regulations which are specifically applicable
to adult business uses. Such uses are already allowed under the city's existing zoning
regulations. Therefore, it can be seen with certainty that there is no possibility that this
ordinance may have a significant adverse effect on the environment, and therefore the
adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the
CEQA Guidelines.
The City Council, having final approval authority over this project, has reviewed
and considered all comments received during the public review period prior to the
approval of this project.
SECTION 3. The City Council HEREBY FINDS AND DETERMINES that
Municipal Code Amendment 10 -04 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
municipal code amendment, in that the change to the Rosemead Municipal Code will
provide a superior level of planning and protection to the quality and character of the
City.
SECTION 4. The City Council FURTHER FINDS AND DETERMINES that
Municipal Code Amendment 10 -04 is consistent with the Rosemead General Plan as
follows:
The revised adult business regulations are consistent with General Plan Land
Use Policy 1.2, to provide buffering between residential and non - residential uses to
mitigate potential land use conflicts. The revised adult business regulations will help
with the revitalization of Garvey Avenue (Land Use Policy 5.1), the San Gabriel
Boulevard corridor (Land Use Policy 5.2), and the Central Business District (Land Use
9 EXHIBIT B
Policy 5.3) and other commercially zoned areas by prohibiting adult businesses in
commercial zones.
The revised adult business regulations include provisions designed to protect the
privacy of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5, by establishing minimum locational siting requirements
between adult businesses and residential uses, schools, parks, and playgrounds.
NOW, THEREFORE the City Council of the City of Rosemead, County of Los
Angeles, State of California, does hereby find, determine and ordain as follows:
SECTION 5. Code Amendment. Chapter 5.08 (Adult Businesses) of the
Rosemead Municipal Code is HEREBY AMENDED to read as follows:
Chapter 5.08
ADULT BUSINESSES
Sections:
5.08.010
Intent.
5.08.020
Definitions.
5.08.030
License required.
5.08.040
Application submittals.
5.08.050
Review of application.
5.08.060
Development and operational standards.
5.08.070
Prohibited conduct at adult businesses.
5.08.080
License requirements; effect of noncompliance.
5.08.090
License duration.
5.08.100
License renewal.
5.08.110
License transferability.
5.08.120
Enforcement and revocation.
5.08.130
Appeals.
5.08.140
Reapplication after denial or revocation.
5.08.160
Violations.
5.08.160
Discontinued use.
5.08.170
Regulations nonexclusive.
5.08.010 Intent.
A. The intent of this chapter is to regulate adult businesses that, unless closely
regulated, may have serious secondary effects on the community. These secondary
effects include, but are not limited to: depreciation of property values, increases in
vacancy rates in residential and commercial areas, increases in incidences of
criminal activity and police service calls, increases in noise, litter and vandalism, and
the interference with property owners' enjoyment of their property in the vicinity of
such businesses.
10 EXHIBIT B
B. It is neither the intent nor effect of this chapter to impose limitations or restrictions on
the content of any communicative material. Similarly, it is neither the intent nor effect
of this chapter to restrict or deny access by adults to sexually oriented materials, or
to deny access by the distributors or exhibitors of sexually oriented entertainment to
their intended market.
C. 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 law of the State of California regarding public nuisances, unlawful
exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
public display thereof.
5.08.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"Adult arcade" means 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, when those images are distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas. Such devices are referred to as Adult arcade devices.
"Adult booth or Individual viewing area" means a partitioned or partially enclosed portion
of an adult business used for any of the following purposes:
A. Where a live or taped performance is presented or viewed, where the performances
or images displayed or presented are distinguished or characterized by their
emphasis on matter depicting, describing, or relating to specified sexual activities or
specified anatomical areas;
B. Where adult arcade devices are located.
"Adult business" means any business establishment or concern that, as a regular and
substantial course of conduct, performs or operates as an adult arcade, adult cabaret,
adult model studio, adult store or adult theater, or any combination thereof. It also
means any business establishment or concern that, as a regular and substantial course
of conduct, sells or distributes sexually oriented merchandise or sexually oriented
material; or any other business establishment or concern that, 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 areas. Adult business does
not include those uses or activities, the regulation of which is preempted by state law.
11 EXHIBIT B
"Adult cabaret" means a business establishment that features adult live entertainment.
"Adult live entertainment" means any physical human body activity, whether performed
or engaged in, alone or with other persons, including but not limited to, singing, walking,
speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1)
the performer exposes to public view, with opaque covering (e.g., pasties and g- string),
specified anatomical areas; or (2) the performance or physical human body activity
depicts, describes, or relates to specified sexual activities, even if the specified
anatomical areas are covered.
"Adult model studio" means a business establishment that provides, for any form of
consideration, the services of a live human model, who, for the purposes of sexual
stimulation of patrons, displays specified anatomical areas to be observed, sketched,
photographed, filmed, painted, sculpted or otherwise depicted by persons paying for
such services. Adult model studio does not include any live art class or any studio or
classroom that is operated by any public agency, or any private educational institution
that is maintained pursuant to standards set by the Board of Education of the State of
California.
"Adult store" means any establishment that, as a regular and substantial course of
conduct, displays or distributes sexually oriented merchandise or sexually oriented
material.
"Adult theater" means a business establishment or concern that, as a regular and
substantial course of conduct, presents adult live entertainment, or motion pictures,
videos, digital video disks, slide photographs, or other pictures or electronically
generated visual reproductions, distinguished or characterized by the emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas.
"Applicant" means all owners of a proposed adult business applying for an adult
business license under this chapter.
"Chief of Police" means the Los Angeles County Sheriff or the Sheriffs designee.
"Code enforcement officer" means a person authorized to enforce certain provisions of
this chapter.
"Establishment of an adult business" means any of the following:
A. The opening or commencement of any adult business as a new business;
B. The conversion of an existing business, whether or not an adult business, to any
adult business;
12 EXHIBIT B
C. The addition of any of the adult businesses defined herein to any other existing adult
business; or
D. The relocation of any such adult business.
"Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing,
and means an employee or independent contractor of an adult business intentionally
touching any patron while engaged in adult live entertainment.
"On -site manager" means any person designated by the owner as responsible for the
day -to -day, on -site operation of the adult business.
"Operate an adult business" means the supervising, managing, overseeing, directing,
organizing, controlling, or in any way being responsible for or in charge of the premises
of an adult business, or the conduct or activities occurring on such premises.
"Operator" means a person who supervises, manages, oversees, directs, organizes,
controls or in any other way is responsible for or in charge of the premises of an adult
business, or the conduct or activities occurring on such premises.
"Owner" means all persons having a direct or indirect investment in an adult business;
provided, however, where such investment is held by a corporation, for the purposes of
this chapter, each officer and director of a corporation and each stockholder holding
more than 5% of the stock of such corporation is deemed to be an Owner.
"Performer" means a person who is an employee or independent contractor of an adult
business, or any other person who, with or without any compensation or other form of
consideration, provides adult live entertainment for patrons of an adult business.
"Person" means any individual, firm, association, partnership, limited liability company,
corporation or other form of legal entity.
'Regular and substantial course of conduct' and 'regular and substantial portion" means
any adult- oriented business where one or more of the following conditions exist:
A. The area(s) devoted to the display of sexually oriented material or merchandise
exceeds twenty -five (25) percent of the total display area of the business; or
B. 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 lingerie, on any four or more separate
days within any twelve (12) month period; or
C. At least twenty -five (25) percent 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
13 EXHIBIT B
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.
"Religious institution" means a structure which is used primarily for religious worship
and related religious activities.
"School" means 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
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.
"Sexually oriented material" means any element of sexually oriented merchandise, or
any book, periodical, magazine, photograph, drawing, sculpture, motion picture film,
video, or other written, oral or visual representation that, for purposes of sexual arousal,
provides depictions characterized by an emphasis on matter depicting, describing or
relating to specific sexual activities or specified anatomical areas.
"Sexually oriented merchandise" means sexually oriented implements and
paraphernalia, including 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
designed or marketed primarily for the stimulation of human genital organs or
sadomasochistic activity, or characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified anatomical areas.
"Specified anatomical areas" means
A. 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
B. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified sexual activities" means
A. Fondling or touching of nude human genitals, pubic region, buttocks or female
breast;
B. Human sex acts, actual or simulated, including intercourse, oral copulation or
sodomy;
14 EXHIBIT B
C. Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
D. Human genitals in a state of sexual stimulation or arousal;
E. Use of human or animal ejaculation;
F. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain,
bondage or restraints; or
G. Excretory functions as part of, or in connection with, any of the activities listed in
division (A) through (F) of this definition.
5.08.030 License required.
A. No person may establish or operate an adult business within the city without first
obtaining, and continuing to maintain in full force and effect, an adult business
license. The issuance of an adult business license shall satisfy the requirement of
this code that every applicable business obtain a business license.
B. Every adult business license is subject to the development and operational
standards of this chapter, and the regulations of the zoning district in which the
business is located.
5.08.040 Application submittals.
A. Application. Any person desiring to obtain an adult business license must submit an
application to the City Manager or his or her designee on the form provided by the
city. The application must list all owners of the proposed adult business, who are
collectively referred to as "the applicant'. The application must also list each
designated operator and on -site manager if such persons are not owners. The
application must contain the following information regarding the owners, operators
and on -site managers, as applicable, and the following items:
1. Name and address
2. The previous residential addresses of all individuals, if any, for a period of five
years immediately prior to the date of filing the application, and the dates of
residence at each.
3. Written proof that all individuals are at least 18 years of age.
4. The history of the applicant as to the operation of any adult business or similar
business or occupation within five years of the filing of the application. Such
information must include a statement as to whether or not each such person, in
15 EXHIBIT B
operating an adult business under a license, has had such license or license
revoked or suspended and the reasons therefor.
5. All criminal convictions or offenses described in Section 5.08.060(b)(11); and
whether any individual is required to register under the provisions of Cal. Penal
Code Section 290 or of the Cal. Health & Safety Code Section 11590.
6. Authorization for the city, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in``the
application and the qualifications of the individuals.
7. The height, weight, and color of eyes and hair of each individual.
8. Fingerprints and two prints of a recent passport-size photograph of each
individual.
9. Business, occupation or employment history of each individual for the five years
immediately preceding the date of the application.
10. A non - refundable deposit or fee as set forth by city resolution.
11.A narrative description of the proposed business, explaining how such business
complies or will comply with the applicable development and operational
standards specified in Section 5.08.060.
12.A site plan designating the building or unit proposed for the adult business, and a
dimensional interior floor plan depicting how the business complies or will comply
with the applicable development and operational standards specified in Section
5.08.060. The site plan and interior floor plan need not be professionally
prepared, but must be drawn to a designated scale or to an accuracy of plus or
minus six inches.
13.A lighting plan for all outdoor areas including parking areas
14.If the applicant is a partnership, limited liability company or corporation,
documentary proof that such entity was duly formed, and is authorized to do
business and is in good standing in the State of California.
15. The fictitious name, if any, of the adult business, together with documentary proof
of registration of the fictitious name.
16.If the applicant does not own the lot or parcel on which the adult business will
operate, the property owner or lessor of the premises, or their legally authorized
representative, as applicable, must consent to the filing of the application by
signing and dating the application.
16 EXHIBIT B
17.A statement, in writing and dated by the applicant, certifying under penalty of
perjury that the information contained in the application is true and correct.
a. If.the applicant is one or more natural persons, one such person must sign
the application under penalty of perjury.
b. If the applicant is a partnership, limited liability company or corporation, a
general partner, officer, director or member of the entity must sign the
application under penalty of perjury.
18. Such additional information as the Chief of Police may reasonably deem
necessary.
B. Determination of completeness.
1. The Chief of Police will determine whether the application contains all the
information and items required by the provisions of this chapter.
2. If it is determined that the application is not complete, the applicant will be
notified in writing within five business days of the date of receipt of the application
that the application is not complete and the reasons for such determination,
including any additional information necessary to render the application
complete.
a. The applicant will have 30 calendar days to submit additional information to
render the application complete.
b. Failure to do so within the 30 -day period will render the application void.
3. Within five business days following the receipt of an amended application or
supplemental information, the Chief of Police will again determine whether the
application is complete in accordance with the procedures set forth in this
division.
a. Evaluation and notification will occur as provided above until such time as the
application is found to be complete or the application is withdrawn.
b. The applicant will be notified within five days of the date of the application is
found to be complete (hereafter "application date ").
4. All notices required by this chapter will be deemed given upon the date any such
notice is either deposited in the United States mail or the date upon which
personal service of such notice is provided.
5.08.050 Review of application.
17 EXHIBIT B
A. The Chief of Police will promptly cause the investigation of the application and,
within 30 days of the application date, either issue the license or send by certified
mail a written statement to the applicant, setting forth the reasons for denial of the
license. If the Chief of Police has not issued a decision on the application within 30
days of the application date, the application will be deemed approved, subject to an
appeal under Section 5.08.130.
B. The Chief of Police may deny a license for any of the following reasons:
1. An applicant has made one or more material misstatements in the application;
2. That the adult business, if licensed, will not comply with all applicable laws
including but not limited to; the building, development, fire, health, housing and
zoning codes of the City;
3. An applicant or any designated operator or on -site manager has pled guilty, nolo
contendere or been convicted within three years of the application date of an
offense specified in Section 5.08.060(b)(10);
4. An applicant or any operator has had a license or license for an adult business
denied, revoked or suspended for cause by any city, county or state within three
years of the application date;
5. An applicant is under 18 years of age;
6. The applicant failed to pay the filing fee required by this chapter.
C. If the license is denied, the Chief of Police must state, in writing, the reasons for the
denial and, in the notice to the applicant, must reference the applicant's right to an
appeal under Section 5.08.130.
D. The decision of the Chief of Police to issue or deny a license will be final unless an
appeal is timely filed under Section 5.08:130.
5.08.060 Development and operational standards.
A. Development standards.
1. Zoning compliance.
a. The building in which an adult business is located must comply with all
setbacks, parking, signage and other applicable requirements of the zoning
district. 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 feet above the ground notwithstanding any landscaping
requirements to the contrary.
18 EXHIBIT B
b. The adult - oriented business shall not conduct or sponsor any special events,
promotion festivals, concerts or other similar events which would increase
the demand for parking beyond the approved number of spaces for the
particular use.
c. The adult- oriented business shall not conduct any massage, acupuncture,
tattooing, acupressure, fortunetelling or escort services on the premise nor
shall any such business be conducted from the same premise as the adult -
oriented business.
d. 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.
e. Permanent barriers shall be installed and maintained to screen the interior of
the premises from public view for each door used as an entrance /exit to the
business
2. Exterior lighting.
a. All exterior areas, including parking lots, of the adult business must be
illuminated at a minimum of 1.50 footcandle, maintained and evenly
distributed at ground level with appropriate devices to screen, deflect or
diffuse the lighting in such manner as to prevent glare or reflected light from
creating adverse impacts on adjoining and nearby public and private
properties.
b. Inoperable or broken lights must be replaced within 24 hours.
3. Sound. The premises within which the adult business is located must provide
sufficient sound - absorbing insulation so that noise generated inside such
premises will not be audible anywhere on any adjacent property or public right -of-
way, or within any other building or other separate unit within the same building.
4. No minors.
a. The building entrance to an adult business must be clearly and legibly posted
with a notice indicating that persons under 18 years of age are precluded
from entering the premises.
b. Such notice must be constructed and posted to the satisfaction of the Chief of
Police.
c. No person under the age of 18 years may be permitted within the premises at
any time.
19 EXHIBIT B
5. Open indoor areas.
a. All indoor areas, within which patrons are permitted, except restrooms, must
be open to view at all times.
b. Adult booths and individual viewing areas are prohibited.
6. Restrooms.
a. Separate restroom facilities must be provided for male patrons and
employees, and female patrons and employees.
b. Male patrons and employees are prohibited from using any restroom for
females, and female patrons and employees are prohibited from using any
restroom for males, except to carry out duties of repair, maintenance and
cleaning of the restroom facilities.
c. The restrooms must be free from any sexually oriented material.
d. Restrooms may not contain television monitors or other motion picture or
video projection, recording or reproduction equipment.
e. This division does not apply to an adult business that deals exclusively with
the sale or rental of sexually oriented material that is not used or viewed on
the premises, such as an adult store or adult video store, and does not
provide restroom facilities to its patrons or the general public.
7. Residential conversions prohibited. No residential structure may be converted
for use as an adult business.
8. Portable structures prohibited. No adult business may be located in any
temporary or portable structure.
B. Operational standards.
1. Hours. No adult business may operate or be open for business between the
hours of 2:00 a.m. to 10:00 a.m.
2. Employment of minors prohibited. No owner or operator of any adult business
may employ or permit to be employed any person who is not at least 18 years of
age.
3. Presence of minors on premises prohibited.
a. No owner or operator of an adult business may allow or permit any person
under the age of 18 years to enter, be or remain in any such business.
20 EXHIBIT B
b. Operators must determine the age of persons who enter the premises by
posting an employee at the entrance to check the driver's license or other
authorized identification of each person entering the premises.
4. Screening of interior of premises and display of sexually oriented materials or
adult live entertainment.
a. No adult business may be operated in any manner that permits the
observation of any material or activities depicting, describing or relating to
specified sexual activities or specified anatomical areas, or adult live
entertainment, from any public way or from any location outside the building
or area of such establishment.
b. This provision applies to any display, decoration, sign, show window or other
opening.
c. No exterior door or window on the premises may be propped or kept open at
any time while the business is open, and any exterior windows must be
covered with opaque covering at all times or otherwise screened to prevent a
view of the interior in a manner approved by the Chief of Police.
5. Alcoholic beverages prohibited. No alcoholic beverages may be served,
consumed or sold on the premises of an adult business.
6. Illumination. All areas of the adult business must be illuminated at a minimum of
the following footcandles, minimally maintained and evenly distributed at ground
level:
Area
Footcandles
stores and other
retail establishments
20
theaters and
cabarets
5 (except during performances, at which time
lighting must be at least 1.25 footcandles)
arcades
10
modeling studios
20
7. Security measures.
a. On -site manager required.
i. All adult businesses must have a responsible person who is over the age
of 18 and is on the premises to act as manager at all times the business is
21 EXHIBIT B
open, and shall be given by the owner or operator the responsibility and
duty to address and immediately resolve all violations of law taking place
on the premises.
ii. No performer may serve as an on -site manager.
iii. If the on -site manager is not an owner, then the owners must provide the
Chief of Police with the individual background information set forth in
divisions (1) to (9) of Section 5.08.040(A) for such on -site manager, and
receive approval for each such on -site manager, utilizing the application
process under Section 5.08.050, prior to such individual commencing any
managerial duties at the premises.
b. Security guards required. Adult businesses must employ state - licensed,
uniformed security guards in order to maintain the public peace and safety,
based upon the following standards:
i. Adult businesses featuring adult live entertainment and performers must
provide at least one security guard at all times while the business is open.
If the occupancy limit of the premises is greater than 35 persons, an
additional security guard must be on duty.
ii. Security guards for other adult businesses may be required if it is
determined by the Chief of Police that their presence is necessary in order
to prevent any of the conduct prohibited in this chapter from occurring on
the premises.
c. Duties and qualifications of security guards.
i. Security guards have a duty to prevent violations of law and enforce
compliance by patrons with the requirements of this chapter.
ii. Security guards must be uniformed in such a manner so as to be readily
identifiable as a security guard by the public, and must be duly licensed as
a security guard as required under state law.
iii. No security guard required under this section may act as a door person,
ticket seller, ticket taker, admittance person, performer or on -site manager
while acting as a security guard.
d. Illumination requirements for off - street parking areas and building entries.
i. All off - street parking areas and building entries serving an adult business
featuring adult live entertainment must be illuminated during all hours of
operation, with a lighting system designed to provide at least an average
22 EXHIBIT B
maintained, horizontal illumination of 1.50 footcandle of light on the
parking surface and walkway.
ii. This required lighting level is established in order to provide sufficient
illumination of the parking areas and walkways serving the adult business,
for the personal safety of patrons and employees, and to reduce the
incidence of vandalism and theft.
iii. The lighting must be shown on the required site or plot plan and must be
accompanied by a photometric study.
iv. The required lighting must remain on for at least 30 minutes after the
closing time of the adult business to promote safety for its employees.
e. Security system for off - street parking areas. All off - street parking areas
serving an adult business featuring adult live entertainment must have a
security system that visually records and retains images of the entire parking
area for at least 14 days for the purposes of promoting safety and identifying
illegal activity.
8. Adult live entertainment; additional operating regulations. The following additional
requirements apply to adult businesses providing adult live entertainment:
a. No person may perform adult live entertainment for patrons of an adult
business except upon a permanently fixed stage, at least 18 inches above the
level of the floor, and surrounded by a three - foot -high barrier or by a fixed rail
at least 30 inches in height.
i. A distance of at least six feet, measured horizontally, must be maintained
between patrons and performers at all times during a performance.
ii. No patron may be permitted on the stage while the stage is occupied by a
performer. This provision does not apply to an individual viewing area,
where the performer is completely separated from the area in which an
individual views the performer by a permanent, floor -to- ceiling, solid
barrier.
b. No performer may have physical contact with any patron, and no patron may
have physical contact with any performer, while the performer is performing
on the premises.
i. This prohibition does not extend to incidental touching.
ii. Patrons must be advised of the no touching requirements by signs
conspicuously displayed and placed on the barrier between patrons and
23 EXHIBIT B
performers, and utilizing red or black printing of letters not less than one
inch in size.
iii. If necessary, patrons must also be advised of the no touching
requirements by employees or independent contractors of the
establishment.
c. While on or about the premises, all employees and independent contractors
of the adult business, including performers, must wear, at a minimum, an
opaque covering that covers their specified anatomical areas.
d. If patrons wish to pay or tip performers, payment or tips may be placed in
containers placed at least six feet from the stage used by the performers.
Patrons may not throw money to performers, place monies in the
performers' costumes, or otherwise place or throw monies on the stage.
ii. Patrons must be advised of this requirement by signs conspicuously
displayed and placed on the barrier between patrons and performers, and
utilizing red or black printing of letters not less than one inch in size.
e. The adult business must provide dressing rooms for performers, which are
separated by gender and exclusively dedicated to the performers' use, and
which the performers must use.
i. Same gender performers may share a dressing room.
ii. Patrons are not permitted in dressing rooms.
f. The adult business must provide an entrance /exit to the establishment for
performers that is separate from the entrance /exit used by patrons, and the
performers must use this entrance /exit at all times.
g. The adult business must provide access for performers between the stage
and the dressing rooms that is completely separated from the patrons.
i. If such separate access is not physically feasible, the adult business must
provide a minimum - three - foot -wide walk aisle for performers between the
dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the performers capable of (and that actually
results in) preventing any physical contact between patrons and
performers.
ii. The patrons must remain at least three feet away from the walk aisle.
24 EXHIBIT B
iii. Nothing in this section is intended to exempt the adult business from
compliance with the provisions of Title 24 of the California Code of
Regulations pertaining to handicapped accessibility.
9. Adult theater; additional operating requirements. The following additional
requirements apply to adult theaters.
a. If the theater contains a hall or auditorium area, the area must comply with
each of the following provisions:
i. Have individual, separate seats, not couches, benches, or the like, to
accommodate the maximum number of persons who may occupy the hall
or auditorium area;
ii. Have a continuous main aisle alongside the seating areas so that each
person seated in the hall or auditorium area is visible from the aisle at all
times;
iii. Have a sign posted in a conspicuous place at or near each entrance to the
hall or auditorium area, listing the maximum number of persons who may
occupy the hall or auditorium area, which number may not exceed the
number of seats within the hall or auditorium area.
10. No owner, operator or on -site manager of any adult business may have pled
guilty, nolo contendere or been convicted within the past three years of any of the
following offenses, or convicted of an offense outside the state of California that
would have constituted any of the following offenses if committed within the state
of California: Cal. Penal Code Section 243.4, 261, 266a through 266j, inclusive,
267, 314, 315, 316, 318; or Cal. Penal Code Section 647a, b and d; any offense
requiring registration under provisions of either Cal. Penal Code Section 290 or
Cal. Health & Safety Code Section 11590; or any felony offense involving the
possession, possession for sale, sale, transportation, furnishing or giving away of
a controlled substance specified in Cal. Health & Safety Code Section 11054,
11055, 11056, 11057 or 11058, as those sections may hereafter be amended.
11. No owner, operator, employee or performer of an adult business may personally
solicit, or permit the personal solicitation of, motorists or pedestrians in the
vicinity of the adult business.
12. Every adult business must display, at all times during business hours, the license
issued pursuant to the provisions of this chapter for such adult business, in a
conspicuous place so that the license may be readily seen by all persons
entering the adult business.
13. No owner, operator or on -site manager may permit any person on the premises
of the adult business to engage in, nor may any performer perform at such
25 EXHIBIT B
premises, a live showing of any of the following: (a) the human male or female
genitals, pubic area, or buttocks with less than a fully opaque covering, (b) the
female breasts with less than a fully opaque covering over any part of the nipple
or areola; or (c) covered male genitals in a discernibly turgid state. This provision
may not be complied with by applying an opaque covering simulating the
appearance of the specific anatomical part required to be covered.
14. No performer may be employed, hired, engaged or otherwise retained by an
adult business to participate in or give any live performance without first having a
valid adult business performer license issued by the city.
5.08.070 Prohibited conduct at adult businesses.
A. No person may operate or manage, or cause to be operated or managed, an adult
business knowingly, or with reason to know, permitting, suffering, or allowing any
employee or independent contractor:
1. To engage in a lap dance with a patron at the business; or
2. To contract or otherwise agree with a patron to engage in a lap dance with a
person at the business; or
3. To intentionally touch any patron at an adult business while performing adult live
entertainment; or
4. To voluntarily be within six feet of any patron while performing adult live
entertainment; or
5. To solicit or request any gratuity, pay or any other form of consideration from a
patron on the premises of the adult business while performing adult live
entertainment.
B. No person at any adult business may intentionally touch an employee or
independent contractor who is performing adult live entertainment at the adult
business.
C. No person at any adult business may engage in a lap dance with an employee or
independent contractor at the adult business.
D. No person may directly pay, offer to pay, or otherwise seek to provide a gratuity, pay
or any other form of consideration, to a performer at an adult business. No person
may use an intermediary, such as an employee or independent contractor, to offer,
provide, or otherwise pay a gratuity or other form of consideration to a performer at
an adult business.
26 EXHIBIT B
E. No performer may engage in a performance or solicit a performance between the
hours of 2:00 a.m. and 10:00 a.m.
F. No employee or independent contractor at an adult business may appear on the
premises of the adult business in the nude, seminude, or display or expose specified
anatomical areas.
5.08.080 License requirements; effect of noncompliance.
The requirements described in Sections 5.08.060 and 5.08.070 are conditions of an
adult business license, and the failure to comply with any applicable requirement is
grounds for revocation of the license issued pursuant to this chapter.
5.08.090 License duration.
An adult business license is valid for a period of one year from the date of issuance.
5.08.100 . License renewal.
A. An adult business license must be renewed on an annual basis, provided that the
owner and the adult business continues to meet all applicable requirements set forth
in this chapter.
B. A request for license renewal must be accompanied by an adult business license
application, completed in full detail with current information.
1. The application and appropriate fee must be received by the city at least 45
calendar days prior to the expiration of the existing license.
2. The city will process a request for a license renewal in the same manner as the
original application.
5.08.110 License transferability.
A. No adult business license may be sold, transferred or assigned by any owner, or by
operation of law, to any other person unless and until the transferee obtains an
amendment to the license from the Chief of Police stating that the transferee is now
the owner.
1. Such an amendment may be obtained only if the transferee files an application
with the City Manager or his or her designee in accordance with Section 5.08.040
(including payment of the applicable application fee), and the Chief of Police
determines, in accordance with Section 5.08.050, that the transferee would be
entitled to the issuance of the original license.
27 EXHIBIT B
2. Without such amendment to the license, any other purported sale, transfer or
assignment, or attempted sale, transfer or assignment, will be deemed to
constitute a voluntary surrender of the license, and thereafter the license will be
null and void.
B. An adult business license held by a corporation, partnership or limited liability
company is subject to the same rules of transferability.
C. An adult business license will be valid only for the exact location specified in the
license.
5.08.120 Enforcement and revocation.
A. Inspections. All law enforcement and code enforcement officers have the right to
enter the premises of an adult business, from time to time during regular business
hours, to make reasonable inspections, to observe and enforce compliance with
building, fire, electrical, plumbing or health regulations, and to ascertain whether
there is compliance with the provisions of this chapter.
B. Grounds for revocation. The Chief of Police may revoke an adult business license
when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
2. The application is discovered to contain incorrect, false or misleading
information; or
3. An owner has pled guilty, nolo contendere or been convicted of a felony or
misdemeanor occurring upon, or relating to, the premises or lot upon which the
adult business is located, which offense is one of those listed in Section
5.08.060(b)(11); or
4. On two or more occasions within a 12 -month period, any operator, employee,
agent or contractor of the owner has pled guilty, nolo contendere or been
convicted of a felony or misdemeanor occurring upon, or relating to, the premises
or lot upon which the adult business is located, which offense is one of those
listed in Section 5.08.060(b)(11); or
5. The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
6. The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed the premises to be used as a place where a controlled
substance has been illegally consumed, sold or exchanged; or
28 EXHIBIT B
7. The adult business has been operated in violation of any of the requirements of
this chapter and:
a. If the violation is of a continuous nature, the business continues to be
operated in violation of such provision for more than ten days following the
date written notice of such violation is mailed or delivered to the owner or
operator; or
b. If the violation is of a noncontinuous nature, one or more additional violations
of the same provision, or two or more violations of any other of the provisions,
of this chapter occur (regardless of whether notice of each individual violation
is given to the owner or operator) within any 12 -month period.
C. Notice of revocation.
1. Upon determining that grounds for license revocation exist, the Chief of Police
will furnish written notice of the proposed revocation to the owner.
2. Such notice must summarize the principal reasons for the proposed revocation,
and state that the revocation will become effective on the 20th day after the
notice was deposited in the U.S. mail, unless the owner files an appeal under
Section 5.08.130.
3. The notice must be delivered both by posting the notice at the location of the
adult business, and by sending the same, by certified mail, to the owner as that
name and address appears on the license.
5.08.130 Appeals.
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for, or revocation of, an adult business license, by filing a complete notice
of appeal with the City Clerk within 10 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing, stating the grounds for disagreement with the Chief of Police's
stated decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager will hear the appeal and the City Clerk
will cause to be set a date for the hearing of the appeal not more than 30 days from
the date the appeal is received.
29 EXHIBIT B
1. The hearing will be a de novo hearing on the action which is the subject of the
appealed.
2. At the hearing, the appellant will have the right to offer testimonial, documentary
and tangible evidence bearing upon the issues.
3. The City Manager will not be bound by the formal rules of evidence.
4. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness.
C. The City Manager will issue written findings and a decision within 15 days of the
conclusion of the hearing, and send notice of the decision by certified mail to the
appellant. The notice of the decision must include reference to the appellant's right
to prompt judicial review under Cal. Civ. Proc. Code Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.08.140 Reapplication after denial or revocation.
A. Reapplication after denial.
1. An applicant for a license under this chapter, whose application for such license
has been denied, may not reapply for a license for a period of two years from the
date such notice of denial was deposited in the mail or received by the licensee,
whichever occurs first.
2. However, a reapplication prior to the termination of two years may be made if
accompanied by evidence that the ground or grounds for denial of the application
no longer exists.
B. Reapplication after revocation. No person may obtain an adult business license for
three years from.the date any order of license revocation affecting such person has
become final.
5.08.150 Violations.
A. Any owner, operator, licensee, employee or independent contractor of an adult
business violating or permitting the violation of any of the provisions of this chapter
will be subject to any and all civil remedies, including license or license revocation.
All remedies provided herein are cumulative and not exclusive.
30 EXHIBIT B
B. In addition to the remedies set forth in division (A), any adult business operating in
violation of these provisions is hereby declared to constitute a public nuisance and,
as such, may be abated or enjoined from further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing
process, and any violation of this chapter does not constitute a criminal offense.
Notwithstanding any other provision of this code, the city does not impose a criminal
penalty for violations of this chapter related to expressive activities.
5.08.160 Discontinued use.
Notwithstanding any provision to the contrary in this code, if an adult business is
abandoned for a period of six consecutive months, the Chief of Police shall, after public
hearing, have the authority to revoke the adult business license. The public hearing
shall be noticed in accordance with Government Code Section 65091.
5.08.170 Regulations nonexclusive.
The provisions of this chapter are not intended to be exclusive, and compliance
therewith will not excuse noncompliance with any other applicable regulations pertaining
to the operation of businesses adopted by the city.
SECTION 6. Code Amendment. Chapter 5.10 (Adult Business Performers) shall
be added to Title 5 of the Rosemead Municipal Code to read as follows
Chapter 5.10
ADULT BUSINESS PERFORMERS
Sections:
5.10.010
Purpose.
5.10.020
Definitions.
5.10.030
Adult business performer license required.
5.10.040
Investigation and action on license application.
5.10.050
License revocation.
5.10.060
Appeals.
5.10.070
Display of license identification cards.
5.10.080
License non - transferable.
5.10.090
Violations.
5.10.010 Purpose.
A. The purpose of this chapter to provide for the licensing of adult business performers
in order to promote the health, safety, and general welfare of the city.
31 EXHIBIT B
B. The intent of the adult business performer licensing provisions are: (1) to protect
minors by requiring that all performers be over the age of 18 years; (2) to assure the
correct identification of persons performing in adult businesses; (3) to enable the city
to deploy law enforcement resources effectively; and (4) to detect and discourage
the involvement of crime in adult businesses, by precluding the licensing of
performers with certain sex - related convictions within a prescribed time period.
C. It is neither the intent nor the effect of these regulations to invade the privacy of
performers, or to impose limitations or restrictions on the content of any
communicative material. Similarly, it is neither the intent nor the effect of these
regulations to restrict or deny access by adults to communicative materials or to
deny access by the distributors or exhibitors of adult businesses to their intended,
lawful market.
D. Nothing in these regulations is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use that
violates any city ordinance 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.
5.10.020 Definitions.
The definitions contained in Chapter 5.08 of this code also apply to this chapter, with the
following additions:
"Licensee" means a person who is issued an adult business performer license under
this chapter.
5.10.030 Adult business performer license required.
A. No performer may be employed, hired, engaged, or otherwise retained by an adult
business to participate in, or give any performance of, adult live entertainment
without first having a valid adult business performer license issued by the city.
B. The Chief of Police is responsible for the processing, investigation, and issuance of
adult business performer licenses in accordance with this chapter.
C. License applicants must file a license application or renewal application with the City
Manager or his or her designee on a form provided by the city. At minimum, this
application form must contain the following information:
1. The applicant's legal name and any other names (including "stage names" and
aliases) used by the applicant;
2. Principal place of residence;
32 EXHIBIT B
3. Age, date, and place of birth;
4. Height, weight, hair and eye color, tattoo descriptions and locations;
5. Each present or proposed business address and telephone number of the
establishments at which the applicant intends to work;
6. Driver's license or identification number and state of issuance;
7. Social Security number;
8. Satisfactory written proof that the license applicant is a least 18 years of age;
9. The license applicant's fingerprints on a form provided by the city, and two
passport -size photographs clearly showing the applicant's face.
a. Any fees for the photographs and fingerprints will be paid by the applicant.
b. Fingerprints and photographs must be taken within six months of the date of
application;
10.Whether the applicant has pled guilty, nolo contendere or been convicted of an
offense classified by this or any other state as a sex - related offense within five
years since the date of conviction or the date of release from confinement to the
date of application, whichever is the later date.
11. If the application is made for the purpose of renewing a license, the applicant
must attach a copy of the license to be renewed.
D. The information provided above in division (C) that is personal, private, confidential,
or the disclosure of which could expose the applicant to the risk of harm, including
but not limited to, the applicant's residence address, telephone number, date of birth
and age, driver's license and Social Security number, will not be disclosed, provided
such nondisclosure is in accordance with the California Public Records Act.
E. The completed application must be accompanied by a non - refundable application
fee and annual license fee. The amount of such fees will be as set forth in the
schedule of fees established by City Council resolution.
F. The Chief of Police will determine whether the application is complete within two
business days.
1. If the Chief of Police determines that the application is incomplete, the Chief of
Police must immediately inform the applicant of such fact, and the reasons
therefor, including any additional information necessary to render the application
complete.
33 EXHIBIT B
2. Upon receipt of a completed adult business performer application, the Chief of
Police will, within two business days, issue a temporary adult business performer
license that will automatically expire 30 business days from the date of issuance,
unless extended as provided in Section 5.10.040(D). This temporary adult
business performer license authorizes a performer to commence performance at
an adult business that possesses a valid adult business license authorized to
provide adult live entertainment.
G. The fact that a license applicant possesses other types of state or city permits or
licenses does not exempt the license applicant from the requirement of obtaining an
adult business performer license.
5.10.040 Investigation and action on license application.
A. Upon submission of a completed application and issuance of a temporary adult
business performer license, the Chief of Police will promptly cause the investigation
of the information contained in the application to determine whether the applicant
should be issued an adult business performer license.
B. The Chief of Police's decision to grant or deny the adult business performer license
must be made within 30 business days from the date the temporary license was
issued.
1. If the application is denied, the Chief of Police must include a written statement of
the reasons for the denial. Such notice must also advise the applicant of the right
to appeal the denial under Section 5.10.060.
2. If the application is granted, the Chief of Police will attach the adult business
performer license to the notice.
3. The decision will be mailed or personally delivered to the applicant at the address
provided in the application.
C. The Chief of Police may deny the application based on any of the following grounds:
1. The applicant has made false, misleading or fraudulent statement of material fact
in the application for an adult business performer license.
2. The applicant is under 18 years of age.
3. The adult business performer license is to be used for performing in a business
prohibited by laws of the state or city, or at a business that does not have a valid
adult business license.
4. The occurrence of any of the events set forth in Section 5.10.030(c)(10).
34 EXHIBIT B
D. If the Chief of Police fails to render a decision on the license within the time frame
established by this section, the application will be deemed approved, subject to an
appeal under Section 5.10.060.
E. Each adult business performer license, other than the temporary adult business
performer license described in Section 5.10.020(F), will expire one year from the
date of issuance, and may be renewed only by filing with the Chief of Police a written
request for renewal, accompanied by the annual license fee and a copy of the
license to be renewed, at least 30 days prior to the expiration of the license.
1. If the application conforms to the previously approved application and there has
been no change with respect to the licensee being convicted of any crime
classified by this or any other state as a sex - related offense, and no evidence
that the licensee has failed to comply with any of the operating standards of
Chapter 5.08 applicable to a performer or the requirements of this chapter, the
Chief of Police will renew the license for one year.
2. An application for renewal will be acted upon in the same manner as the
application for the original license.
3. If the Chief of Police denies renewal of the application, that decision is also
appealable under Section 5.10.060.
5.10.050 License revocation.
A. A license may be revoked, based on any of the following causes arising from the
acts or omissions of the licensee:
1. The licensee has made a false, misleading or fraudulent statement of material
fact in the application for a performer license.
2. The licensee has pled guilty, nolo contendere or been convicted of an offense as
set forth in Section 5.10.030(c)(10).
3. The licensee has failed to comply with any of the operating standards of Chapter
5.08 applicable to a performer or the requirements of this chapter.
B. In determining that grounds for license revocation or suspension exist, the Chief of
Police will furnish written notice of the proposed action to the licensee.
1. Such notice will set forth the time and place of a hearing before the Chief of
Police, the grounds, including the factual matters, in support of such proposed
action, and the pertinent code sections.
35 EXHIBIT B
2. The notice will be mailed, postage prepaid, to the last known address of the
licensee, or personally delivered to the licensee, at least ten days prior to the
hearing date.
C. At the hearing, the licensee will have the right to offer testimonial, documentary and
tangible evidence bearing upon the issues.
1. The Chief of Police will not be bound by the formal rules of evidence.
2. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness at the request of the licensee.
D. After the hearing, the Chief of Police will either sustain or overrule the decision of the
Chief of Police to issue the initial adult business performer license and render a
written decision within two business days of the hearing.
1. The decision will be sent by certified mail to the applicant or licensee.
2. The decision of the Chief of Police must include reference to the right to prompt
judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the Chief of Police will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.060 Appeals.
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for an adult business performer license, by filing with the City Clerk a
complete notice of appeal within 15 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing;
2. State the grounds for disagreement with the Chief of Police's stated decision;
3. Include the address to which notice is to be mailed;
4. Be signed under penalty of perjury; and
5. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager will hear the appeal.
C. The City Clerk must set a hearing date not more than 30 days from the date of the
filing of the appeal. The hearing may be continued for good cause.
36 EXHIBIT B
D. The City Manager will issue findings in writing within 15 days of the conclusion of the
hearing.
1. The written findings and decision will be sent by certified mail to the appellant.
2. The notice of the decision must include reference to the appellant's right to
prompt judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the City Manager will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.070 Display of license identification cards.
A. The Chief of Police will provide each adult business performer whose application is
approved with an identification card containing the name, address, photograph, and
license number of such performer.
B. Every performer must have such card available for inspection at all times the
performer is on the premises of the adult business at which he or she performs.
5.10.080 License non - transferable.
A. No adult business performer license may be sold, transferred, or assigned by any
licensee. or by operation of law, to any other person.
B. Any such sale, transfer, or assignment; or attempted sale, transfer, or assignment,
will be deemed to constitute a voluntary surrender of the adult business performer
license, and the license thereafter will be void.
5.10.090 Violations.
A. Any licensee violating any of the provisions of this chapter or the provisions of
Chapter 5.08 regulating adult business performers will be subject to license
revocation, and any and all other civil remedies.
1. All remedies provided herein are cumulative and not exclusive.
2. Any such violation will constitute a separate violation for each and every day
during which it is committed or continued.
The regulations imposed under this chapter are part of a regulatory licensing process,
and violations of this chapter do not constitute a criminal offense. Notwithstanding any
other provision of this code, the city does not impose a criminal penalty for violations of
the provisions of this chapter related to "expressive activities."
37 EXHIBIT B
SECTION 7. Code Amendment. Section 17.44.080 (Adult Oriented Businesses)
of the Rosemead Municipal Code is HEREBY DELETED in its entirety.
SECTION 8. Code Amendment. Section 17.56.025 (Adult Businesses) shall be
added to Chapter 56 of Title 17 of the Rosemead Municipal Code to read as follows:
17.56.025 Adult businesses.
Adult businesses shall be allowed to locate in the M -1 zone subject to obtaining an adult
business license in accordance with Chapters 5.08, 5.10, and 17.80 of this code.
SECTION 9. Code Amendment. Chapter 17.80 (Adult Businesses) of the
Rosemead Municipal Code is HEREBY AMENDED to read as follows
Chapter 17.80
ADULT BUSINESSES
Sections:
17.80.010 Purpose.
17.80.020 Locational requirements.
17.80.010 Purpose.
The purpose of this chapter is to establish a comprehensive set of regulations
applicable to the location of adult businesses within the city. The words and phrases
used in this section are governed by the definitions contained in Chapters 5.08 and 5.10
of this code.
17.80.020 Locational requirements.
A. Permitted districts. Adult businesses are permitted in the M -1 Zone.
B. Locational standards.
1. Adult businesses may not be located:
a. Within 500 feet of any property zoned R -1, R -2, R -3, or any lot where there is
an actual residential use within the city limits;
b. Within 500 feet of any churches or other places used exclusively for religious
worship, whether inside or outside of the city limits;
c. Within 500 feet of any public or private school (grades K -12) or child care
establishment, whether inside or outside the city limits;
38 EXHIBIT B
d. Within 500 feet of any public park or playground, or any city facility, including
but not limited to, city hall, the city library, and any police or fire station;
e. Within 500 feet of any property upon which is located a business with a Type
40, 42, 48 or 61 on -site alcoholic beverage license.
f. Within 1,000 feet of any other adult business, whether inside or outside the
city limits.
g. Within 1,000 feet of any massage establishment, whether inside or outside
the city limits.
2. The distances specified in this division will be measured in a straight line, without
regard to intervening structures, from the nearest property line of the premises in
which the proposed adult business is to be established to the nearest property
line of a use or zoning classification listed above.
Adult business license required. Adult businesses must obtain and maintain an adult
business license in compliance with all applicable requirements of Chapter 5.08 of this
code. Adult Business Performers must obtain and maintain an adult business performer
license in compliance with all applicable requirements of Chapter 5.10 of this code.
SECTION 10. Severability. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed and adopted Ordinance No. 903 and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 11. Publication. The City Clerk shall cause this ordinance to be
published in the manner required by law.
SECTION 12. Effective Date. The Mayor shall sign and the City Clerk attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This ordinance shall go into
effect and be in full force and effect thirty (30) days from its date of adoption.
PASSED, APPROVED AND ADOPTED this 12th day of April 2011.
, Mayor
ATTEST:
39 EXHIBIT B
Gloria Molleda, City Clerk
m
APPROVED AS TO FORM:.
Rachel Richman, City Attorney
EXHIBIT B
ROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 7, 2011
SUBJECT: MUNICIPAL CODE AMENDMENT 10 -04, AMENDING THE ROSEMEAD
MUNICIPAL CODE TO REVISE REGULATIONS PERTAINING TO THE
DEVELOPMENT AND OPERATION OF ADULT BUSINESSES IN THE
CITY OF ROSEMEAD
SUMMARY
Municipal Code Amendment 10 -04 is a City initiated amendment to revise Title 5
(Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead Municipal
Code. The purpose of the amendments are to revise the regulations for adult
businesses in order to prevent their concentration or proximity to incompatible uses, and
avoid negative secondary effects associated with adult business uses. The proposed
adult business ordinance addresses licensing /permitting provisions, operating
standards, and zoning limitations for these adult businesses.
ENVIRONMENTAL DETERMINATION
Municipal Code Amendment 10 -04 is proposed in order to mitigate the threat posed to
the public peace, health, or safety by adult businesses. In this regard, the proposed
regulations provide for the amendment of existing regulations applicable to adult
businesses and provides for zoning regulations which are specifically applicable to adult
business uses. Such uses are already allowed under the City's existing zoning
regulations. Therefore, it can be seen with certainty that there is no possibility that these
regulations may have a significant adverse effect on the environment, and therefore the
adoption of these regulations are exempt from CEQA pursuant to Section 15061(b)(3) of
the CEQA Guidelines.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission ADOPT Resolution No. 11 -02 (Exhibit
"A "), a resolution recommending that the City Council ADOPT Ordinance No. 903
(Exhibit "B "), amending Title 5 and Title 17 of the Rosemead Municipal Code to revise
adult business standards.
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BACKGROUND
The existing Rosemead Municipal Code (RMC) regulations for adult businesses are
contained within Chapters 5.08, 17.44, and 17.80 of the RMC. These regulations were
adopted by Ordinance No. 753 on May 25, 1995. Chapter 5.08 contains the current
business licensing requirements for adult- entertainment businesses. These include
application, investigation, inspection, and operating requirements as well as procedures
for hearings and revocations. The City Council must approve all adult- entertainment
license applications. A standard business license is also required.
Chapter 17.44 of the RMC allows adult— oriented businesses to locate in the C -3
(Medium Commercial) zone subject to the approval of an adult- oriented business permit
by the City Council in accordance with Chapter 17.80 of the RMC.
Chapter 17.80 of the RMC contains the land use regulations for adult- oriented
businesses. This chapter contains definitions, permit application procedures, and
development standards to protect the community from the negative secondary affects of
adult- oriented businesses. In addition to the adult- entertainment license and standard
business license required by Chapter 5.08, the City Council must also approve an adult -
oriented business permit required by Chapter 17.80 at a duly noticed public hearing.
On June 30, 2009, The City Council determined that the adult business regulations
should be revised and updated. Pursuant to Government Code section 65858, the
Rosemead City Council enacted Urgency Ordinance No. 878 (Exhibit "C "), which
imposed a moratorium on the approval of applications for land use entitlements for adult
businesses for a period of 45 days (the "Initial Ordinance ") while the City's regulations
and recent developments in case law related to adult business regulations were studied.
The City Council subsequently adopted Ordinance No. 880 to extend the moratorium for
an additional ten (10) months and fifteen (15) days.
While City staff has begun a review of these studies, it was determined that additional
time was needed to reach a conclusion as to the changes that are needed to Ordinance
No. 753 in order for that ordinance to reflect the proper balance between time, place, and
manner regulations that address the adverse secondary effects of adult businesses and
the expressive activities protected by the First Amendment of the United States and
California Constitutions. In addition, City staff requested time to craft an appropriate
balance between the legal protections afforded adult businesses and the community's
legitimate concerns about the secondary effects of those businesses.
On May 11, 2010, the City Council adopted Urgency Ordinance No. 894 to extend the
moratorium for one (1) additional year to May 10, 2011.
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I_1:1_1AINK
Legal Basis /Constitutional Constraints
Certain adult businesses, such as adult bookstores, adult videos stores, and adult
cabarets, engage in activities recognized as protected speech under the First
Amendment of the United States Constitution. Traditional constitutional analysis divides
the range of protected speech regulations into two main categories: (1) content based;
and (2) content neutral (i.e., regulations not based on content but rather imposing
reasonable time, place, and manner restrictions). Content -based regulation is
specifically aimed at the speech's content. Any such content based regulation carries
with it a very high burden for a public agency to show it has a compelling interest in
such regulation. In contrast, content neutral regulations are aimed at protecting
governmental interests unrelated to the content of speech, such as traffic or noise
regulation applied to all types of commercial uses, for purposes of furthering the public
health, safety, and welfare.
The proposed ordinance is designed to satisfy the content neutrality standard by
narrowly tailoring the regulations to further the City's purposes and goals in limiting and
preventing the negative secondary effects associated with adult businesses.
As a result of the First Amendment protection afforded to various adult businesses
(adult bookstores, video stores and live entertainment), conditions cannot simply be
imposed upon an adult facility in an effort to preclude the facility's operation. Any
condition(s) must be predicated on the reduction of the secondary effects. These
adverse secondary effects include: urban blight; increased crime; decreased property
values; diminished retail trade; prostitution; the spread of sexually transmitted diseases;
and illegal drug transactions. It is important to note that the purpose of the proposed
regulations is not to prohibit or otherwise regulate child pornography or obscenity
because such material is not now, nor has it ever been, granted constitutional
protection, and is regulated by other State and federal regulations. Furthermore, local
regulation of obscene material has been preempted by state and federal law. Therefore,
the intent of the proposed regulations is to address the adverse secondary effects that
are caused by adult entertainment facilities.
Case law also recognizes that a community can plan ahead and put in place operational
and zoning standards prior to the entry of an adult facility into the community. The
United States Supreme Court held that it is not necessary for a city, to conduct its own
studies regarding the presence of negative secondary side effects associated with adult
businesses. City of Los Angeles v. Alameda Books, 535 U.S. 425 (2002). The Court
specifically determined that cities may reasonably rely on the experiences and studies
of other cities in concluding that adult businesses create the aforementioned negative
secondary side effects.
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The supporting materials referenced in this staff report, as well as input from
Community Development Department staff, the City Attorney's Office, and Sheriffs
Department contributed to crafting the recommended operational requirements found in
the proposed regulations which are a constitutional, narrowly tailored means of
controlling potential secondary effects of adult businesses. On file at the City Clerk's
office is the set of the exhibits in support of the proposed regulations. Included among
the exhibits are the cases referred to in the reports, findings and draft ordinance, the
studies of other cities relating to the secondary effects of adult uses, and other
supporting documentation.
Proposed Regulations- Overview
There are two generally accepted approaches to regulating the location of adult
businesses — (1) the "dispersal" method; and (2) the "concentration" method. With the
dispersal method adult uses are buffered a set distance from various specified land
uses (i.e., parks, schools, residential zones) and from other adult uses. With the
concentration method adult uses are all located in one area such as what is known as
the "combat zone" in Boston. Planning Division staff is recommending the dispersal
method for adult entertainment, which is consistent with existing City adult business
regulations.
The purpose of the proposed regulations is to provide for locations for adult businesses
while preventing their over - concentration or proximity to incompatible uses, subject to
design and operating regulations. Overall the proposed regulations would:
1. Specify the M -1 (Light Manufacturing and Industrial) zone as the only zoning district
where adult businesses could locate. Adult businesses would be permitted by right
subject to a number of locational standards and other development and operational
standards in Chapter 5.08, 5. 10, and 17.80 of the RMC.
2. Establish a comprehensive set of objective, narrowly defined conditions for
establishing the adult entertainment use, regulating the interior, and establishing
operating provisions. The standards that apply to an adult business must be "narrow,
objective, and definite" per Government Code 65850.4. No Conditional Use Permit
would be necessary as such has been found to be constitutionally impermissible in
the First Amendment legal arena. Rather, the offered provisions are reasonable time,
place, and manner regulations which serve to reduce and /or preclude the negative
secondary effects from adult businesses. The proposed regulations allow permit
issuance by the Chief of Police, following a joint investigation by the Community
Development Department, Sheriff's Department, and business licensing staff to verify
all narrow, objective, specific application, personal eligibility, location,
development/design, and operations standards are met. Using objective standards as
criteria for approval of an adult oriented business without a Conditional Use Permit is
also consistent with other jurisdictions including the cities of Alhambra, Pleasanton,
Walnut Creek, Fremont, and Milpitas.
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Finally, the regulations are comprehensive. Development and operational standards,
which are "land use" related and /or serve to preclude secondary effects and are
reasonable time, place, and manner restrictions including:
Limiting sexual signage to the interior of the premises;
Requiring sound insulation to mitigate audibility of noise from the business
outside the business premises;
• Requiring keeping doorways and windows closed /covered so adult performances
are not visible outside the business;
• Minimum exterior lighting levels of 1.5 foot candle;
• Requirements to conform to parking standards;
• Prohibiting solid fencing between the use and street to preserve passive
surveillance;
• Limiting hours of operation from 10:00 a.m. to 2:00 a.m. any day;
• Requiring security guards and security systems;
• Prohibiting amplified sound from exiting the building; and
• Requiring adult business performers to obtain an Adult Business Performers
business license.
Summary of Regulations
A summary of what the proposed adult entertainment regulations would accomplish is
below. The ordinance would:
• Define the various types of adult businesses. The definitions rely on existing
definitions in RMC Chapter 17.80. The definitions have been moved to Chapter
5.08 of the RMC.
• Combine the three current approvals required (Adult Entertainment License,
Adult- Oriented Business Permit, and Business License) into one approval (Adult
Business Permit) that would be a ministerial approval by the Chief of Police
instead of a discretionary permit by the City Council.
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• Permit adult businesses in the M -1 zoning district only. Prohibit establishment of
an adult business within 1,000 feet of another adult business or of a specified
incompatible land use. The proposed list of specified incompatible land uses
includes residential uses, churches, schools /day care centers, parks, libraries,
alcohol sales, and massage establishments.
• Establish requirements for an application. Submittal requirements include
business description, site and floor plans, lighting and traffic studies, and
documentation of conformance to specified development and operations
regulations. Additionally, there would be specific criteria for granting or denying a
permit within time limits for action.
• Establish development and operational regulations which include minimum
interior and exterior lighting levels, security and safety program specifications
including security guards, prohibition of alcohol on the premises, and maximum
hours of operation (10:00 a.m. to'2:00 a.m.). Additionally the regulations include
specifications for interior layout; an occupied manager station from which all
patron areas are viewable; and patron - performer seperation requirements.
• Set forth regulations and procedures for appeal, revocation, and judicial review
including provisions for Planning Commission revocation for cause and City
council appeal.
Comparison to existing Adult Entertainment Regulations
As indicated above, the City currently has adult business regulations in Chapter 5.08
and 17.80 of the RMC. In order to better understand the changes that are proposed, the
following key changes are summarized below.
Current Requirement
Proposed Requirement
City Council must approve Adult
Chief of Police must approve Adult
Entertainment License.
Business License, with appeal rights to City
Manager onl .
City Council must approve Adult-
This is now part of Adult Business License
Oriented Business Permit.
issued by Chief of Police.
Standard Business License required.
This is now part of Adult Business License
issued by Chief of Police.
Hours of Operation: 6:00 am to 2:00 a.m.
Hours of Operation: 10:00 am to 2:00 a.m.
No on -site manager required.
On -site manager required.
Applicant disqualifying conduct: 4 year
Applicant disqualifying conduct: 3 year
limitation.
limitation.
No Adult Business Performers license
Adult Business Performers must get
requirements.
separate business license from that of the
establishment. Approval by Chief of Police,
EXHIBIT C
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Current Requirement
Proposed Requirement
with appeal rights to City Manager.
Allowed in C -3 (Medium Commercial)
Allowed in M -1 (Light Manufacturing and
zone with Adult- Oriented Business
Industrial) zone with Adult Business
Permit.
License.
1,000 foot separation required from
1,000 foot separation required from another
another adult- oriented business or
adult business, school, child day care,
school.
residential zone or use within the City,
parks, playgrounds, City facilities, libraries,
churches, alcohol sales establishment, and
massage establishments.
Adult booths and individual viewing
Adult booths and individual viewing areas
areas are permitted.
are prohibited
No physical contact allowed between
No contact allowed between performers
performers and patrons.
and patrons. Lap dancing specifically
p rohibited.
Reasonable venues for operating
A key land use consideration is establishing appropriate buffers from specified land
uses such as residences, churches, parks, and day care centers. As documented in the
findings in Draft Ordinance No. 903, it is appropriate to establish a minimum separation
distance from specified land uses. The City of Rosemead's existing minimum separation
standard for adult businesses in Section 17.80.060 of the RMC is 1,000 feet. This
minimum distance of 1,000 feet is also supported in case law. The 1,000 feet would be
measured between the property line of the site containing the specified land use and the
property line of the adult oriented business. This way of measurement is consistent with
established adult business regulations from other jurisdictions.
Selection of M -1 (Light Manufacturing and Industrial) Zoning District
The secondary effects of adult entertainment uses would be least intrusive and
negatively impacting on residential areas if located in the M -1 zone. There are less
residential pedestrians in and around the M -1 zone than residential areas where
children may walk or ride bikes and unintentionally be exposed to negative secondary
effects such as criminal activity or negative behavioral role models. There is also less
population density in general in the M -1 zone which could be negatively affected by
crime.
The M -1 zone provides both insulation from residential areas and a large pool of land
area, which, as the land calculations below show, provides for an adequate number of
sites, available land, and existing building square footage to locate adult businesses.
The attached map (Exhibit "D ") shows the M -1 zoned land in the City with a 1,000 foot
"buffer" around each property containing one of the above - described specified sensitive
land uses. The map also shows the area zoned M -1 remaining (in black) after applying
EXHIBIT C
Planning Commission Meeting
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Page 8 of 11
the 1,000 -foot "buffer." The total net acreage zoned M -1 (after subtracting the area of
roads and railroad right -of -way) is approximately 11.7 acres. This acreage is in two
distinct areas of the City. One area is at the northeast corner of the City on Temple City
Boulevard. The other area is on River Street south of Garvey Avenue near the central
eastern edge of the City.
This 11.7± acres includes approximately 20 parcels of land with 12 distinct owners,
containing approximately 201,000 square feet of existing building space which would be
potentially available for adult businesses if the location criteria were applied today.
It would be possible for one adult business to locate in each of the two identified areas
and meet all the proposed locational standards contained in Section 17.80.020 of the
RMC.
Of note, there is no "mathematical formula" or set "litmus test" established by the courts
to determine the number of sites that must be available for adult uses. The Ninth Circuit
in Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th Cir. 1993) set out
established criteria for determining whether sites, including industrial sites, are actually
available. The'Topanga" criteria include:
Is it reasonable "to believe that [the site] would ever become available to any
commercial enterprise ?"
If the sites are in industrial zones, are they reasonably accessible to the general
public; have proper infrastructure such as sidewalks, roads and lighting; and can
serve a generic commercial purpose such as retail or places of assembly.
The use of the M -1 zone provides adequate sites for adult businesses (approximately
20 parcels, and 201,000 square feet of existing building area) and is improved with
infrastructure. Sites in the M -1 Zone are compatible with and reasonably suited to and
adaptable to commercial development.
It should also be noted that the City is not responsible for securing property, as the
courts have held that adult oriented businesses are responsible for finding their own
property in the real estate market.
OTHER REGULATIONS
Other aspects of the adult business regulations are described below for the Planning
Commission's information and which, unlike the location standards, are generally not
land use issues.
As demonstrated by the studies from other cities, locational criteria alone do not
adequately protect communities from the adverse secondary side effects of adult
businesses. In addition, permit, licensing, development, and operational regulations are
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necessitated. Such regulations will help ensure that an adult business does not violate
criminal laws, such as those that prohibit prostitution, drug sales, the employment of
minors as adult performers, or building or fire code requirements.
Care must be taken in drafting the regulations. Permit and licensing requirements for
free speech activities can be viewed as a "prior restraint' on speech which is generally
not allowed. For example the proposed regulations must provide for the City to make
the decision on the permit in a timely manner. Additionally an applicant must have the
opportunity for promptjudicial review, for which the draft regulations provide.
Permit Requirement
The ordinance establishes a permit requirement for the owners and operators of an
adult business. Applications for a permit can be denied under various circumstances, for
example if the business does not satisfy the location requirements, or if an operator has
violated specified laws such as an adult business ordinance of another city or
committed prostitution related offenses. Background checks /licensing would be required
at initial application, as well as on an ongoing basis.
Additionally ongoing compliance with the design and operations regulations would be
required.
In addition to background information, application requirements include submittal of site
and floor plans, photometric studies, and traffic studies as needed to verify conformance
with development and operations regulations summarized below.
Development and Operations Regulations
The proposed ordinance also proposes comprehensive design and operations
standards to mitigate and avoid the negative secondary impacts associated with adult
businesses. For example, the visibility of the interior from the exterior of the building is
prohibited; minimum illumination levels are required in the interior (5 foot candles for
theaters and cabarets, except 1.25 foot candles during a performance) and exterior (1.5
foot candle in all parking and pedestrian areas); doors and windows will be required to
remain closed; no amplified sound is permitted to exit the building; all interior areas
accessible to patrons must be unenclosed and visible at all times from a staffed
manager /monitor station. Hours of operation would be limited to 10 a.m. to 2:00 a.m.
Additionally, a security program requiring interior and exterior security guards, and
exterior video monitoring would be required.
To address negative secondary effects associated with adult entertainment and to avoid
problems such as prostitution, pandering, and drug dealing the operational regulations
seek to reduce contact between performers and patrons, for example requiring that the
performance stage be at least 18 inches high and separated from patrons by at least 6
feet with a railing or other barrier; that there be separate entries for patrons and
performers; that there be separate restrooms for male patrons and female employees
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(and female patrons and male employees); that clothing must be worn in the premises
except for performers while performing; and that direct tipping or contact/touching
between patrons and performers is prohibited.
Adult Business License Fees
The proposed Adult Business Ordinance includes several types of adult businesses that
are not currently included in the City's Business License Fee Resolution (Resolution
2010 -46) adopted on June 22, 2010.
Staff will be recommending that the City Council adopt a revised fee resolution to create
new adult business license fees for an Adult Model Studio ($1,752 for a new license and
$1,593 for renewal) and Adult Performer ($150 for new license and $100 for renewal).
The proposed fee for the Adult Model Studio is based on the LA County fee for the
same use and a surrey was done of several cities to determine the appropriate fee for
the Adult Performer business license since the LA County does not have a fee for such
use.
Conclusion
The proposed Ordinance No. 903 provides a revised set of adult business regulations
that insures consistency with the General Plan. The Ordinance also refines and updates
the appropriate zoning districts and locations for potential adult businesses and
enhances the permitting and operational standards for adult businesses, and
establishes a licensing process for adult business performers.
The public health, safety and welfare of the City and its residents require the enactment
of this ordinance and such operating standards for adult businesses in order to: (1)
mitigate and reduce the judicially recognized potential adverse secondary effects of
adult businesses, including but not limited to: crime, the prevention of blight in
neighborhoods, and the increased threat of the spread of sexually transmitted diseases,
and; (2) protect the quality of life and neighborhoods in the City, the City's retail and
commercial trade, local property values, and minimize the potential for nuisances
related to the operation of adult businesses, while (3) recognizing that some of the
expressive activity associated with certain aspects of adult businesses is constitutionally
protected.
MUNICIPAL CODE REQUIREMENTS
Chapter 17.116 of the Rosemead Municipal Code sets forth the procedures and
requirements for zone changes and amendments. A municipal code amendment may
be permitted whenever the public necessity, convenience, general welfare or good
zoning practice justifies such action.
The revised adult business regulations are consistent with General Plan Land Use
Policy 1.2, to provide buffering between residential and non - residential uses to mitigate
potential land uses conflicts. The revised adult business regulations will help with the
EXHIBIT C
Planning Commission Meeting
March 7, 2011
Page 11 of 11
revitalization of Garvey Avenue (Land Use Policy 5.1)
corridor (Land Use Policy 5.2), and the Central Business
and other commercially zoned areas by prohibiting ad
zones.
, the San Gabriel Boulevard
District (Land Use Policy 5.3),
ilt businesses in commercial
The revised adult business regulations include provisions designed to protect the
privacy of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5, by establishing minimum locational siting requirements
between adult businesses and residential uses, schools, parks, playgrounds and other
sensitive land uses.
PUBLIC NOTICE PROCESS
This item has been noticed through the required public posting requirements of the
regular agenda notification process for Municipal Code Amendments, pursuant to
Section 17.116.020 of the Rosemead Municipal Code, which includes publication in the
San Gabriel Valley Tribune and posting of the notice at six (6) public locations in the
City.
Prepared by:
raj' I /�
Paul Garry
Senior Planner
Submitted by:
Sign Wong
Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 11 -02
B Draft Ordinance No. 903
C. Urgency Ordinance No. 878 (Moratorium)
D. Location Standards Analysis Map
EXHIBIT C
Minutes of the
PLANNING COMMISSION MEETING
March 7, 2011
The regular meeting of the Planning Commission was called to order by Chairman Alarcon at 7:00
p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE - Commissioner Herrera
INVOCATION - Vice- Chairwoman Eng
ROLL CALL - Commissioners Herrera, Hunter, Ruiz, Vice-
ROLL CALL OF OFFICERS PRESENT: City
Director Wong, Senior Planner Garry, Assistant
1. EXPLANATION OF HEARING PR
Greg Murphy, City Attorney, presented'
2. PUBLIC COMMENTS FROM THE
None
3. CONSENT CAL / EIN L
A. Approval.of Minutes -Februar
Commissione Hr er> r� ad a motic
the Minutes of February,77\11, asr
Vote r \Ited in:
Yes: �Alarc
No: None
Abstain: None
Absent: None
PUBLIC HEARINGS
and
Chairman Alarcon
Murphy, Community Development
Commission Secretary Lockwood.
\�
rights of the meeting.
seconded by Vice - Chairwoman Eng, to APPROVE
Eng, Herrera, Hunter, Ruiz
A. PLANNED DEVELOPMENT REVIEW 11.01 - Evergreen Baptist Church of Los Angeles
has submitted an application to construct a new Children's Village consisting of two
new classroom buildings totaling approximately 5,650 square feet and a new 1,560
square foot multi - purpose children's chapel at an existing church located at 1255 San
Gabriel Boulevard in the P -D (Planned Development) zone.
EXHIBIT D
PC RESOLUTION 11.03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING PLANNED DEVELOPMENT REVIEW 11.01 FOR BUILDING AND SITE
IMPROVEMENTS TO AN EXISTING CHURCH FACILITY, LOCATED AT 1255 SAN
GABRIEL BOULEVARD IN THE P -D (PLANNED DEVELOPMENT) ZONE.
STAFF RECOMMENDATION - Staff recommends that the Planning Commission
APPROVE Planned Development Review 11.01 and ADOPT Resolution No. 11.03 with
findings and subject to thirty -two (32) conditions. n
Senior Planner Garry presented the staff report.
Chairman Alarcon asked if the Planning Commissioners
Commissioner Hunter asked staff if there will be any'li�
people park in there parking lot.
Senior Planner Garry replied any liability issues would,
agreement would address liability issuess.
Commissioner Ruiz asked staff if a fotmal agreemen
parking was submitted.
Senior Planner Garry replied.yes� \ /
Vice - Chairwoman Eng as�
the children's chapel.\
Senior Planne Gar a_ -rep
determined'by the Buildi\
Vice -Chairwoman Eng as
Christmas and events that
Senior Planner \\ Garry , state
Commissioner Ruiz ke
perimeter of the property.
staff if the Fire
staff.
to Don Bosco for the church to have
the two parties and the on -site
parties in regards to the
will determine the occupancy capacity for
Building Code establishes the occupancy limit and would be
ff if the' parking agreement considered other major events like
fall on Sunday.
applicant may address that question.
staff if anything will be done with the chain link fence around the
Senior Planner Garry replied that the current plans don't show any additional landscaping, but staff
believes there is opportunity for additional landscaping improvements to be made in the planters
located along the property perimeters if requested.
Commissioner Ruiz stated that it would be a good idea and let's ask the applicant if they are
agreeable.
2 EXHIBIT D
Chairman Alarcon opened the public hearing and invited the applicant to the podium.
Pastor Jonathan Wu stated he is the Executive Pastor of Evergreen Church and gave a brief
background of the church and services they offer. He also stated that in the past Don Bosco and
the Church have had a friendly MOU in regards to parking, but in process of this project found out
that a Parking Covenant would be required. He stated that part of the parking agreement is that the
Church will also share their parking lot with Don Bosco and liability will also be shared by both
parties.
Vice - Chairwoman Eng asked Mr. Wu if it would be feasible to
chain link fence.
Pastor Jonathon Wu replied that they would be glad to do so.
Pedro Cordova, representative of Choy Architect's for
Planning Commission is requesting for a visual screei
just landscaping.
Commissioner Ruiz replied landscaping would be
Chairman Alarcon asked if there
None
Chairman Alarcon asked
None
City Attorney — Murphy stated /that
Commissioner Ruiz ma
Planned Development R
subject to thirty-two
Vote resulted in \�
Yes:
No:
Abstain:
Absent:
else
was
landscaping along the
reen Baptist asked if the
Don Bosco and,the parking lot or
speak in favor of this project.
speak against this project.
'he would like-to amend the last sentence of Condition of
shall include plantings, hedges, or vines to mask the chain link
scaoina on the site."
iotion; seconded by Commissioner Herrera, to APPROVE
11.01 and ADOPT Resolution No. 11.03 with findings and
Alarcon, Eng, Herrera, Hunter, Ruiz
None
None
None
Chairman Alarcon excused himself from the Planning Commission meeting on Public Hearing
Items 4B and 4C due to a Conflict of Interest, and requested that Vice - Chairwoman Eng continued
to conduct the meeting.
3 EXHIBIT D
B. MUNICIPAL CODE AMENDMENT 10 -04 - AMENDING THE ROSEMEAD MUNICIPAL
CODE TO REVISE REGULATIONS PERTAINING TO THE DEVELOPMENT AND
OPERATION OF ADULT BUSINESSES IN THE CITY OF ROSEMEAD - Municipal Code
Amendment 10.04 is a City initiated amendment to revise Title 5 (Business Licenses
and Regulations) and Title 17 (Zoning) of the Rosemead Municipal Code. The purpose
of the amendments are to revise the regulations for adult businesses in order to
prevent their concentration or proximity to incompatible uses, and avoid negative
secondary effects associated with adult business uses. The proposed adult business
ordinance addresses licensing/permitting provisions, operating standards, and
zoning limitations for these adult businesses. n
PC RESOLUTION 11.02 - A RESOLUTION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS AN(
RECOMMENDING CITY COUNCIL APPROVE MUN
CONSISTING OF AMENDMENTS TO THE ROSEM
PURPOSE OF REVISING ADULT BUSINESS'REGUL
STAFF RECOMMENDATION - Staff recommend:
ADOPT Resolution No. 11.02, a resolution"recc
ADOPT Ordinance No. 903, amending Title 5�and
Code to revise adult business�standards.
Vice - Chairwoman Eng moved to Item 4B
Senior Planner Garry l
Vice - Chairwoman Eng
Vice- Chairwoman.Eng
500 0,000 feet -from
Senior Planner Garry rGarry r
Commissioner Herrera
Senior Planner G; \r
Vice - Chairwoman Eng
staff report.
if the Planning Commissioners had any questions for staff.
page 38, under locational standards, if it is
is 500 feet, unlike the existing ordinance of 1,000 feet.
if it is also 500 feet from a school.
if those uses are the standards.
Senior Planner Garry replied "yes."
Commissioner Hunter asked staff if this means the City would never allow this type of business.
City Attorney Murphy replied from a legal point of view you cannot prohibit them. He explained that
staff has provided a fair opportunity for them in the City if the property owners are willing to lease
land for such use. He also stated by doing this in the Manufacturing Zone, rather than the
I COMMISSION OF THE
ATE OF CALIFORNIA
ICIPAL CODE AMENDMENT 10.04
EAD MUNICIPAL CODE FOR THE
ATIONS. \
that> the Planning,.Commission
mmending that the City Council
'itle 17 of the Rosemead Municipal
4 EXHIBIT D
Commercial Zone, it's less likely that type of lease would come about, but it is possible that as
many as two Adult Businesses could come into the City under this ordinance.
Vice - Chairwoman Eng stated she would like to commend staff for their work in setting fourth a
perimeter for prohibiting this type of business. She asked staff if the process of approval would be
the Chief of Police first and, if appealed, then the City Manager.
Senior Planner Garry replied "yes."
Vice - Chairwoman Eng asked staff what options the community has if type of business is
approved for a site and they are opposed to it. 7>
City Attorney Murphy replied that the appeal would be to the City Manager. He continued to
explain that case law tells us, it is best to set up these ordinances so that they stay out of the
political process. Subjecting these uses to the political process brings a greater threat of liability to
the City. He also stated that the ordinance is as nune to liability as one \\ given under
the circumstances.
Vice - Chairwoman Eng opened the Public
against this proposed Ordinance.
�0
Vice - Chairwoman Eng
questions for staff.
Commissioner Herrera
now shorter.
Senior Planne Gar�rrv-i
closed Public Hea
aske�sla the
there was anyone in favor or
Commission had any further
standards and asked why the distance is
there are new locational standard criteria being added that
City Attorney Murphy rel
potential sites such a
also stated that ultimate)
decide. He continued
eliminate of a number
potentially create a less.l
iat maintaining the 1,000 feet radius shrinks down the universe of
number that the ordinance would not be as legally defensible. He
a policy decision for the Planning Commission and City Council to
lain that if you keep the 1,000 feet requirement for schools you
> which reduce the already limited number of allowable sites and
defensible ordinance which could create a bigger problem.
Vice - Chairwoman Eng asked City Attorney Murphy of the other cities that have adopted these
types of ordinances is their locational criteria 500 or 1,000 feet; and have they been challenged on
it.
City Attorney Murphy replied there have been many challenges as the criteria differ from City to
City. He also stated it is based on what zone they wish to put the use and what other uses you are
keeping the adult uses away from. He also continued to explain that in terms of a dispersal
requirement what needs to be done is to give these businesses a fair chance to site in the City,
5 EXHIBIT D
while upholding health and public safety concern for the residents and business owners by keeping
them far enough away from incapable uses.
Vice - Chairwoman Eng asked City Attorney Murphy what is the location criteria for Megan's Law.
City Attorney Murphy replied given the court cases of last month he is not sure right now.
Vice - Chairwoman Eng asked Greg Murphy if the distance criteria will be a policy for City Council
to make.
City Attorney Murphy replied "yes."
Commissioner Ruiz made a motion, seconded by Commissioner Hunter, to ADOPT
Resolution No. 11 -02, a resolution recommending that the'City Council ADOPT Ordinance
No. 903, amending Title 5 and Title 17 of the Ro em ad Municipal bo revise adult
business standards.
Vote resulted in:
C.
Yes:
Eng, He
No:
None
Abstain:
Alarcon
Absent:
None
MUNICIPAL CODE / ,AMENDMENT '11 -01/- ORDINANCE PROHIBITING MEDICAL
MARIJUANA DISPENSARIES At the City Council meeting of June 30, 2009, and after
hearing and considering public testimony, the City Council adopted Ordinance No.
877 establishing\an interim urgency\ ordinance prohibiting Medical Marijuana
Dispensaries for a,period forty-five days. As the Government Code allows the City
to-extend-Ordinance for a period ` 6f'10 months and 15 days, the City Council did
s jatits meeting of August�1, 2009 by adopting Ordinance No. 879 after hearing and
considering further public Thus, Ordinance No. 879 was made valid until
June.25, 2010. The\Government code allowed the City Council one final extension to
the interim urgency' ordinance prohibiting Medical Marijuana Dispensaries for the
period \one year. On May 11, 2010 the City Council adopted its last and final
extension.of \the urgency ordinance prohibiting Medical Marijuana Dispensaries by
adopting Ordinance No. 895. This final extension is set to expire on May 10, 2011.
Therefore, staff coming forward with a permanent Medical Marijuana Dispensary
ban ordinance for the Planning Commission's recommendation to the City Council to
adopt the proposed ordinance.
PC RESOLUTION 11.04 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING CITY COUNCIL APPROVE ORDINANCE NO. 910, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING
TITLE 17 "ZONING" OF THE CITY'S MUNICIPAL CODE ADDING CHAPTER 17.106
PROHIBITING MEDICAL MARIJUANA DISPENSARIES CITYWIDE.
6 EXHIBIT D
STAFF RECOMMENDATION - Staff recommends that the Planning Commission
ADOPT Resolution No. 11.04, a resolution recommending that the City Council
ADOPT Ordinance No. 910, amending Title 17 "Zoning" of the City's Municipal Code
adding Chapter 17.106 prohibiting medical marijuana dispensaries citywide.
Assistant Planner Trinh presented staff report.
x or
s City. She
:hing zoned
N was very
other with
He stated
of law. He
1 be barred
stated the
ending and
ire that the
ssue, while
at storefront
ied the ban
City Attorney Murphy replied the two dispensaries were considered a nuisance because they were
not allowed by the code. They were being abated by Code Enforcement officers and the question
before each court was whether that City could abate them. He stated in the Anaheim case, the
pending question before the court is can the City refuse to allow storefront dispensaries at all. He
continued to explain that its staff's position, as well as the Cit Attorneys, to adopt an ordinance
similar to the City of Corona and Claremont while we wait for case law to be established. This
would set up the City to at least defeat some kind of liability brought on the same terms that were
brought in Corona and Claremont.
EXHIBIT D
Vice - Chairwoman asked the Planning Commission if there were any questions for staff.
Commissioner Ruiz made a motion, seconded by Commissioner Herrera, to ADOPT
Resolution No. 11.04, a resolution recommending that the City Council ADOPT Ordinance
No. 910, amending Title 17 "Zoning" of the City's Municipal Code adding Chapter 17.106
prohibiting medical marijuana dispensaries citywide.
Vote resulted in:
Yes:
Eng, Herrera, Hunter, Ruiz
No:
None
Abstain:
Alarcon
Absent:
None
City Attorney Murphy requested that staff ask Chairman
5. MATTERS FROM THE CHAIRMAN &
None
6. MATTERS FROM STAFF
A. Withdrawal of Conditional
Community Development Director Wong
dated February 23, 2011, regarding the'
7.
The next
-nil
Rachel Lockwood
Commission Secretary
the meeting.
and letter from Clearwire
Permit 10 -07.
will be held on Monday, March 21, 2011,
William Alarcon
Chairman
0
EXHIBIT D
PC RESOLUTION 11 -02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
RECOMMENDING CITY COUNCIL APPROVE MUNICIPAL CODE
AMENDMENT 10 -04 CONSISTING OF AMENDMENTS TO THE
ROSEMEAD MUNICIPAL CODE FOR THE PURPOSE OF REVISING
ADULT BUSINESS REGULATIONS
WHEREAS, the City of Rosemead has adopted the General Plan and Zoning
Ordinance, and map, including specific development standards to control development;
and
WHEREAS, Section 17.116.010 of the Rosemead Municipal Code authorize the
Planning Commission to consider and recommend proposed municipal code amendments
to the City Council; and
WHEREAS, Municipal Code Amendment 10 -04 is a City initiated amendment to
revise Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Rosemead
Municipal Code. The purpose of the amendments are to revise the regulations for adult
businesses in order to prevent their concentration or proximity to incompatible uses and
avoid negative secondary effects associated with adult business uses. The proposed adult
business regulations address licensing /permitting provisions, operating standards, and
zoning limitations for these adult businesses; and
WHEREAS, on February 25, 2011 notices were posted in six (6) public locations
and a notice was published in the San Gabriel Valley Tribune specifying the public
comment period and the time and place for a public hearing pursuant to California
Government Code Section 65091(a)(3); and
WHEREAS, on March 7, 2011, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal Code
Amendment 10 -04 (MCA 10 -04); and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Rosemead as follows:
SECTION 1. The Planning Commission finds that these regulations are enacted in
order to mitigate the threat posed to the public peace, health, or safety by adult businesses.
In this regard, the findings set forth in Section 2 of this Resolution are incorporated herein by
reference. This Resolution provides for the amendment of existing regulations applicable to
adult businesses and provides for zoning regulations which are specifically applicable to adult
EXHIBIT E
business uses. Such uses are already allowed under the City's existing zoning regulations.
Therefore, it can be seen with certainty that there is no possibility that these amendments
may have a significant adverse effect on the environment and therefore the adoption of these
amendments are exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA
Guidelines.
SECTION 2 . Findings. The Planning Commission of the City of Rosemead hereby
finds and declares that:
(a) It is necessary and appropriate to amend Chapters 5.08, 17.44, 17.56, and
17.80 of the Rosemead Municipal Code and add new Chapter 5.10 to refine and update
the appropriate zoning districts and locations for potential adult businesses and enhance
the permitting and operational standards for adult businesses, and establish a licensing
process for adult business performers. The public health, safety and welfare of the City
and its residents require the enactment of this ordinance and such operating standards for
adult businesses in order to: (1) mitigate and reduce the judicially recognized potentially
adverse secondary effects of adult businesses, including but not limited to: crime, the
prevention of blight in neighborhoods, and the increased threat of the spread of sexually
transmitted diseases; and (2) protect the quality of life and neighborhoods in the City, the
City's retail and commercial trade, and local property values, and minimize the potential for
nuisances related to the operation of adult businesses; while (3) recognizing that some of
the expressive activity associated with certain aspects of adult businesses is
constitutionally protected.
(b) The City Council, in adopting this ordinance, takes legislative notice pursuant to
California Government Code Section 65850.4 of the existence and content of the following
studies concerning the adverse secondary side effects of adult businesses in other cities:
Alhambra, California (2007), Industry, California (2004); Dallas, Texas (1997); Houston,
Texas, (1997); Newport News, Virginia (1996); New York City, New York (1994); Times
Square, New York (1994); Oklahoma City, Oklahoma (1992); Garden Grove, California
(1991); Tucson, Arizona (1990); Seattle, Washington (1989); St. Paul, Minnesota (1988);
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 ordinance to regulate the adverse
secondary side effects of adult businesses, and more specifically finds that these studies
provide convincing evidence that:
There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses, including but not
limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering,
and violence against persons and property. The studies from other cities establish by
convincing evidence that adult businesses that are not regulated as to operating standards
often have a deleterious effect on nearby businesses and residential areas, causing, among
other adverse secondary effects, an increase in crime and a decrease in property values.
2 EXHIBIT E
2. Regulations for adult businesses should be developed to prevent
deterioration or degradation of the vitality of the community before the problem exists, rather
than waiting for problems to be created.
(c) Based on the foregoing, the City Council finds and determines that special
regulation of adult businesses is necessary to ensure that their adverse secondary effects will
not contribute to an increase in crime rates or to the deterioration of the areas in which they
may locate or surrounding areas. The need for such special regulations is based upon the
nationally and judicially recognized evidence that adult businesses have serious
objectionable operational characteristics, particularly when several of them are concentrated
under certain circumstances or located in direct proximity to sensitive uses such as
residences, parks, schools, and places of religious worship, thereby having a deleterious
effect upon the adjacent areas. One of the purposes and intents of these special regulations
is to prevent the concentration of adult businesses and thereby prevent such adverse
secondary effects. In addition, there is substantial evidence that an increase in crime tends
to accompany, concentrate around, and be aggravated by adult businesses, including but
not limited to an increase in the crimes of narcotics distribution and use, prostitution,
pandering, and violence against persons and property.
(d) In developing this ordinance, the City Council is mindful of legal principles
relating to regulation of adult businesses, and the City Council 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 businesses.
The City Council has considered decisions of the United States Supreme Court regarding
local regulation of adult businesses, including but not limited to: City of Los Angeles v.
Alameda Books, 535 U.S. 425, 122 S. Ct. 1728 (2002); City of Erie v. Pap's A.M.
( "Kandyland'), 529 U.S. 277, 120 S.Ct. 1382 (2000); Barnes v. Glen Theatre, Inc., 501
U.S. 560, 111 S.Ct. 2456 (1991); FW /PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct.
596 (1990); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986);
and Young v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440 (1976); decisions
of the United Stated Court of Appeals for the Ninth Circuit, including but not limited to:
Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Dream Palace v. County of
Maricopa, 384 F.3d 990 (9th Cir. 2004); Diamond v. City of Taft, 215 F.3d 1052 (9th Cir.
2000), cert. denied 531 U.S. 1072 (2001); Isbell v. City of San Diego, 258 F.3d 1108 (9th
Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S.
1104 (2001); Lim v. City of Long Beach, 217 F.3d 1050 (9th Cir. 2000), cert. denied 121
S.Ct. 1189 (2001); Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000),
cert. granted 121 S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby
Tam Q, 154 F.3d 1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby
Tam II'), 199 F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby
Tam Ill ), 247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d
1108 (9th Cir. 1999); Colacurcio v. Cityof Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied
529 U.S. 1053 (2000); Topanga Press, Inc. v. CityofLosAngeles, 989 F.2d 1524 (9th Cir.
1993), cert. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th
Cir. 1986); and BSA, Inc. v. King County, 804 F.2d 1104 (9th Cir. 1986); several California
3 EXHIBIT E
cases, including but not limited to: Department of Alcoholic Beverage Control v. Alcoholic
Beverage Control Appeals Board of California ( "Vicary'), 99 Cal.AppAth 880 (2002); Tily
B., Inc. v. City of Newport Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener,
3 CalAth 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49
Cal.3d 14 (1989); and City of Vallejo v. Adult Books, 167 Cal.App.3d 1169 (1985), cert.
denied 475 U.S. 1064 (1986); and other federal cases, including but not limited to: Hang
On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Mitchell v. Commission on Adult
Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lakeland Lounge v. City of Jackson, 973 F.2d
1255 (5th Cir. 1992), cert. denied 507 U.S. 1030 (1993); International Eateries v. Broward
County, 941 F.2d 1157 (11th Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star
Satellite, Inc. v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986).
(e) The locational requirements established by this ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected adult businesses in the
City, and a sufficient reasonable number of appropriate locations for adult businesses are
provided by this ordinance.
(f) The City Council also finds that locational criteria alone do not adequately
protect the health, safety, and general welfare of the citizens of the City, and thus certain
requirements with respect to the ownership, operation, and licensing of adult businesses
are in the public interest. 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 also takes legislative notice of the
facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986),
regarding how live adult entertainment results in secondary effects such as prostitution,
drug dealing, and other law enforcement problems.
(g) 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, performers, and other
persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers ") have been
found to engage in sexual activities with patrons of adult businesses on the site of the adult
business.
2. Evidence has demonstrated that performers employed by adult
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 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 locations for engaging in unlawful
sexual activity.
4 EXHIBIT E
5. As a result of the above, and the continuing public health threat
associated with HIV, AIDS, and hepatitis B, which are sexually transmitted or blood borne
diseases, the City has a substantial interest in adopting regulations that will reduce the
possibility for the occurrence of prostitution and unlawful sex acts at adult businesses in
order to protect the health, safety, and well -being of its citizens. The City finds this is
relevant to the experience of Rosemead and the need to regulate the secondary effects of
adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the City
must be protected by the establishment of standards to diminish the possibility of infection
of contagious diseases.
(h) The City Council is cognizant of the specific danger from the sexually
transmitted disease AIDS, which is currently irreversible and fatal. The City Council takes
legislative notice of the County of Los Angeles "HIV Prevention Plan 2004 - 2008," County
of Los Angeles Department of Health Services ( "County HIV Prevention Plan "). The
County HIV Prevention Plan states that as of July 2004 there was a total of 48,510 persons
living with AIDS and that the total number of such persons has increased since 1995.
According the County HIV Prevention Plan, over 1,700 persons living with AIDS are in the
San Gabriel Valley special planning area. There have been at least 28,810 AIDS - related
deaths reported in Los Angeles County since the mid- 1980s. The County also reports a
slight increase in AIDS deaths in 2001.
(i) The City is also concerned with preventing the spread of other sexually
transmitted diseases such as syphilis, gonorrhea and chlamydia. The City Council takes
legislative notice of the County of Los Angeles Department of Health Services "Sexually
Transmitted Disease Morbidity Report (2000- 2004)," ( "County STD Report"). The County
STD Report indicates that the between 2000 and 2004 the number of reported cases in
Los Angeles County of: (1) syphilis increased from 1,918 to 2,016; (2) gonorrhea increased
from 7,199 to 9,696; and (3) Chlamydia increased from 30,546 to 38,464. It should also be
noted that numerous studies have shown that sexually transmitted diseases such as
syphilis, gonorrhea and chlamydia facilitate the transmission of HIV.
0) In recognition of these negative secondary effects generated by adult live
entertainment, a number of courts have upheld prohibitions on totally nude performers,
distance limitations between performers and patrons, prohibitions against physical contact
between performers and patrons, and precluded direct exchange of monies between
performers and patrons at adult businesses that provide live entertainment, including, but
not limited to: City of Erie v. Pap's A.M. ( "Kandyland'), 529 U.S. 277, 120 S.Ct. 1382
(2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991); Gammoh v.
City of La Habra, 395 F.3d 1114 (9 Cir. 2005); Tily B. v. City of Newport Beach (1999) 69
Cal.AppAth 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998); BSA, Inc. v. King
County, 804 F.2d 1104, 1110 -11 (9th Cir. 1986); Kev, Inc. v. Kitsap County, 793 F.2d 1053
(9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp. 1140 (E. D. Tenn. 1995);
Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and Hang On, Inc. v. City of
Arlington, 65 F.3d 1248 (5th Cir. 1995).
5 EXHIBIT E
(k) The City Council believes that prohibiting totally nude performers and
physical contact between performers and patrons at adult businesses, prohibiting booths
and concealed viewing areas, requiring separate entrances for performers from those used
for patrons, requiring separate restrooms for opposite sexes, prohibiting performers from
soliciting payment from patrons, and prohibiting the direct payment to performers by
patrons are a reasonable and effective means of addressing the legitimate governmental
interests of preventing prostitution, the spread of sexually transmitted diseases, and drug
transactions. The case law and studies establish this link.
(1) In considering appropriate operational regulations for adult businesses, the
City Council finds that:
1. Preventing the exchange of money between performers and patrons
also reduces the likelihood of drug and sex transactions occurring in adult businesses.
2. Requiring separations between performers and patrons precludes
them from being within earshot to communicate and thereby reduces the likelihood that
such persons will negotiate narcotics sales or transact sexual favors within the adult
business.
3. Enclosed or concealed booths and dimly lit areas within adult
businesses greatly increase the potential for misuse of the premises, including unlawful
conduct of a type which facilitates transmission of disease. Prohibiting such enclosed or
concealed spaces and requiring adequate lighting to be provided reduces the opportunity
for, and therefore the incidence of illegal conduct within adult businesses, and further
facilitates the inspection of the interior of the premises thereof by law enforcement
personnel.
A. The City Council recognizes and relies on the findings setforth
in the 1986 Attorney General's Report on Pornography in support of this ordinance
including, but not limited to, its recommendations that local governments ban certain
features of video booths that facilitate carnal sexual encounters.
B. With respect to booths, these findings include the following:
The inside walls of the booth are typically covered with graffiti and messages, usually of a
sexual nature and consisting of telephone numbers, names, requests and offers for sex
acts, anatomical descriptions, and sketches. Some booths also contain a chart used as an
appointment schedule that is utilized to schedule appointments for sex acts that take place
in that particular booth. In some instances, this arrangement has been used for the
solicitation of prostitutes. Many of these booths are equipped with a hole in the side wall
between the booths to allow patrons to engage in anonymous.sex including both oral and
anal sex acts. Inside the booths, the floors and walls are often wet and sticky with liquid or
viscous substances, including semen, urine, feces, used prophylactics, gels, saliva, or
alcoholic beverages. The City concludes, based in part on the description of the illicit
sexual activity as noted within the Attorney General's Report, that the presence of enclosed
booths and viewing areas is likely to lead to the above described secondary effects.
6 EXHIBIT E
C. Likewise, the City Council recognizes and relies on the findings
set forth in the May 1990 study conducted by the City of Tucson in support of this
ordinance including, but not limited to, the findings that holes were present in the walls of
adjoining booths within adult entertainment establishments, and that these holes were
used by male patrons to facilitate sex acts with the occupant of the neighboring booth. The
Council reasonably believes that the Tucson experience, along with the Attorney General's
Report, is relevant to the problems potentially associated with adult businesses in
Rosemead.
D. The City Council finds that prohibiting adult booths and
individual viewing areas is necessary to eliminate the masturbation and sexual activity that
are known to occur in such closed booths and areas, and which present significant health
and safety concerns with respect to communicable diseases, including AIDS. The City
Council takes further note of the Ninth Circuit's decision in Ellwest Stereo Theatres, Inc. v.
Weiner, 681 F.2d 1243 (9th Cir. 1982) and its finding that there is no constitutional right to
unobserved masturbation in a public place.
(m) The City Council also finds the establishment of an adult business regulatory
licensing process, operational standards for adult businesses, and performer licensing
provisions are legitimate and reasonable means of ensuring that:
Operators of and performers at adult businesses comply with the City's
regulations;
2. The recognized adverse secondary impacts of a proposed adult
business are mitigated;
3. Adult business operators have specific guidelines with respect to the
manner in which they can operate an adult business;
4. The applications for adult business regulatory licenses and performer
licenses are handled fairly and expeditiously; and
5. The correct identification of performers working in adult businesses
occurs so that the City is able to effectively deploy resources and detect and discourage
prostitution and criminal activity from occurring in and around adult businesses.
(n) The City finds that law enforcement agencies maintain separate databases
for drug - related convictions, prostitution convictions and sex crime offender registration,
and that knowledge of an applicant's true identity is necessary to conduct background
checks in such databases. The County Sheriff has determined, based upon the
experience of its police officers and its past experiences, along with other law enforcement
agencies, that fingerprinting is the only reliable method for determining a person's true
identity for the purposes of background checks.
(o) The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses and recognizes the need to enact
7 EXHIBIT E
regulations which will minimize and /or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate
matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council further
takes legislative notice of the cases that recognize that protection of minors from sexually
explicit materials is a compelling government interest, including Crawford v. Lungren, 96
F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v. City of Santa
Barbara, 40 Cal.AppAth 1075 (1995).
(p) While the City Council desires to protect the rights conferred by the United
States Constitution to adult businesses, it does so in a manner that ensures the continued
and orderly use and development of property within the City and diminishes, to the greatest
extent feasible, those undesirable adverse secondary effects which the above mentioned
studies and judicial record have shown to be associated with the operation of adult
businesses.
(q) Operating standards are a legitimate and reasonable means of ensuring that
adult businesses are conducted in a manner so as to minimize their adverse secondary
effects and to help assure that such operators and businesses comply with reasonable
regulations related to such requirements to minimize and control problems associated with
such businesses and thereby protect the health, safety, and welfare of City residents,
protect citizens from increased crime, preserve the quality of life, preserve property values
and the character of surrounding neighborhoods and businesses, and deter the spread of
urban blight. The operational requirements contained in this ordinance do not
unreasonably restrict the establishment or operation of constitutionally protected adult
`businesses in the City.
(r) The City Council, in adopting operational standards, recognizes that these
standards do not preclude reasonable alternative avenues of communication. For
example, the closing hours requirement means that adult businesses are free to operate 7
days a week for 16 hours per day. The City Council takes note of the proliferation of adult
material on the Internet, satellite television, direct television, CDs, DVDs, and that these
various media provide alternative avenues of communication. The City Council also
considers and relies on published decisions examining the proliferation of communications
on the Internet. (Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) [the principle
channel through which many Americans now transmit and receive sexually explicit
communication is the Internet]; Anheuser -Busch v. Schmoke, 101 F.3d 325 (4th Cir. 1996),
cert. denied 520 U.S. 1204 (1997) [the Fourth Circuit rejected a First Amendment
challenge to a Baltimore ordinance restricting alcohol advertisements on billboards
acknowledging that the Internet is one available channel of communication]; U.S. V.
Hockings, 129 F.3d 1069 (9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir.
1996), cert. denied 519 U.S. 820 [recognizing the Internet as a medium for transmission of
sexually explicit material in the context of obscenity prosecutions]; DiMa Corporation v.
Town ofHallie, 60 F.Supp.2d 918 (W.D. Wisconsin 1998) [adult bookstore able to operate
after regulated hours using the Internet].) The emergence of the Internet brings with it a
virtually unlimited additional source of adult oriented sexual materials available to
interested persons in every community with a mere keystroke. An adult business no longer
has to be "actually" physically located in a city to be available in the community.
8 EXHIBIT E
(s) The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult facilities and reasonably
relies on prior court decisions on the need for closing hours including Dream Palace v.
County of Maricopa, 384 F.3d 990 (9 "' Cir. 2004); Mitchell v. Comm. on Adult
Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lady J. Lingerie, Inc. v. City of Jacksonville,
973 F.Supp. 1428 (M.D. Fla. 1997); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d
1358 (11th Cir. 1999); and City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (1995).
(t) The City Council does not intend to regulate in any area preempted by
California law, including but not limited to, regulation of obscene speech, nor is it the intent
of the City Council to preempt regulations of the State Alcoholic Beverage Control ( "ABC').
(u) The City Council finds that the occurrence of nudity in alcoholic beverage
establishments located in close proximity to residential areas, religious institutions, schools,
and parks has a detrimental effect on such uses, and that the location of such
establishments in close proximity to each other has a detrimental effect on the entire
neighborhood. Therefore, the City Council finds that in order to preserve public peace and
good order, the integrity of residential neighborhoods, and other sensitive land uses, it is
necessary and advisable to regulate alcoholic beverage facilities permitting nudity. '
(v) It is not the intent of the City Council in enacting this ordinance, or any provision
thereof, to condone or legitimize the distribution of obscene material, and the City recognizes
that state law prohibits the distribution of the obscene materials and expects and encourages
law enforcement officials to enforce state obscenity statutes against such illegal activities in
the City.
(w) Nothing in this ordinance 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 or
indecent exposure, sexual conduct, lewdness, obscene or harmful matter orthe exhibition or
public display thereof.
SECTION 3 . The Planning Commission HEREBY FINDS AND DETERMINES that
Municipal Code Amendment 10 -04 is in the best interest of the public necessity and
general welfare, and good city planning practice dictates and supports the proposed
amendment, in that the change to the Rosemead Municipal Code will provide a superior
level of planning and protection to the quality and character of the City.
SECTION 4 . The Planning Commission FINDS AND DETERMINES that Municipal
Code Amendment 10 -04 is consistent with the Rosemead General Plan as follows:
FINDING: The revised adult business regulations are consistent with General Plan
Land Use Policy 1.2, to provide buffering between residential and non - residential uses to
mitigate potential land use conflicts. The revised adult business regulations will help with
the revitalization of Garvey Avenue (Land Use Policy 5.1), the San Gabriel Boulevard
corridor (Land Use Policy 5.2), and the Central Business District (Land Use Policy 5.3) and
other commercially zoned areas by prohibiting adult businesses in commercial zones.
9 EXHIBIT E
The revised adult business regulations include provisions designed to protect the
privacy of adjacent residential properties and the quality of establish neighborhoods, as
required by Land Use Policy 1.5, by establishing minimum locational siting requirements
between adult businesses and residential uses, schools, parks, and playgrounds
SECTION 5. The Planning Commission does HEREBY RECOMMEND that Chapter
5.08 (Adult Businesses) of the Rosemead Municipal Code be amended to read as follows:
Chapter 5.08
ADULT BUSINESSES
Sections:
5.08.010
Intent.
5.08.020
Definitions.
5.08.030
License required.
5.08.040
Application submittals.
5.08.050
Review of application.
5.08.060
Development and operational standards.
5.08.070
Prohibited conduct at adult businesses.
5.08.080
License requirements; effect of noncompliance.
5.08.090
License duration.
5.08.100
License renewal.
5.08.110
License transferability.
5.08.120
Enforcement and revocation.
5.08.130
Appeals.
5.08.140
Reapplication after denial or revocation.
5.08.150
Violations.
5.08.160
Discontinued use.
5.08.170
Regulations nonexclusive.
5.08.010 Intent.
A. The intent of this chapter is to regulate adult businesses that, unless closely regulated,
may have serious secondary effects on the community. These secondary effects
include, but are not limited to: depreciation of property values, increases in vacancy
rates in residential and commercial areas, increases in incidences of criminal activity
and police service calls, increases in noise, litter and vandalism, and the interference
with property owners' enjoyment of their property in the vicinity of such businesses.
B. It is neither the intent nor effect of this chapter to impose limitations or restrictions on
the content of any communicative material. Similarly, it is neither the intent nor effect of
this chapter to restrict or deny access by adults to sexually oriented materials, or to
deny access by the distributors or exhibitors of sexually oriented entertainment to their
intended market.
10 EXHIBIT E
C. 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 law of the State of California regarding public nuisances, unlawful
exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or
public display thereof.
5.08.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
"Adult arcade" means 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, when those images are distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical
areas. Such devices are referred to as Adult arcade devices.
"Adult booth or Individual viewing area" means a partitioned or partially enclosed portion of
an adult business used for any of the following purposes:
A. Where a live or taped performance is presented or viewed, where the performances or
images displayed or presented are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to specified sexual activities or specified
anatomical areas;
B. Where adult arcade devices are located.
"Adult business" means any business establishment or concern that, as a regular and
substantial course of conduct, performs or operates as an adult arcade, adult cabaret,
adult model studio, adult store or adult theater, or any combination thereof. It also means
any business establishment or concern that, as a regular and substantial course of
conduct, sells or distributes sexually oriented merchandise or sexually oriented material; or
any other business establishment or concern that, 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 areas. Adult business does not include those uses
or activities, the regulation of which is preempted by state law.
"Adult cabaret" means a business establishment that features adult live entertainment.
"Adult live entertainment" means any physical human body activity, whether performed or
engaged in, alone or with other persons, including but not limited to, singing, walking,
speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the
performer exposes to public view, with opaque covering (e.g., pasties and g- string),
11 EXHIBIT E
specified anatomical areas; or (2) the performance or physical human body activity depicts,
describes, or relates to specified sexual activities, even if the specified anatomical areas
are covered.
"Adult model studio" means a business establishment that provides, for any form of
consideration, the services of a live human model, who, for the purposes of sexual
stimulation of patrons, displays specified anatomical areas to be observed, sketched,
photographed, filmed, painted, sculpted or otherwise depicted by persons paying for such
services. Adult model studio does not include any live art class or any studio or classroom
that is operated by any public agency, or any private educational institution that is
maintained pursuant to standards set by the Board of Education of the State of California.
"Adult store" means any establishment that, as a regular and substantial course of conduct,
displays or distributes sexually oriented merchandise or sexually oriented material.
"Adult theater" means a business establishment or concern that, as a regular and
substantial course of conduct, presents adult live entertainment, or motion pictures, videos,
digital video disks, slide photographs, or other pictures or electronically generated visual
reproductions, distinguished or characterized by the emphasis on matter depicting,
describing or relating to specified sexual activities or specified anatomical areas.
"Applicant" means all owners of a proposed adult business applying for an adult business
license under this chapter.
"Chief of Police" means the Los Angeles County Sheriff or the Sheriff's designee.
"Code enforcement officer" means a person authorized to enforce certain provisions of this
chapter.
"Establishment of an adult business" means any of the following:
A. The opening or commencement of any adult business as a new business;
B. The conversion of an existing business, whether or not an adult business, to any adult
business;
C. The addition of any of the adult businesses defined herein to any other existing adult
business; or
D. The relocation of any such adult business.
"Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing, and
means an employee or independent contractor of an adult business intentionally touching
any patron while engaged in adult live entertainment.
12 EXHIBIT E
"On -site manager" means any person designated by the owner as responsible for the day -
to -day, on -site operation of the adult business.
"Operate an adult business" means the supervising, managing, overseeing, directing,
organizing, controlling, or in any way being responsible for or in charge of the premises of
an adult business, or the conduct or activities occurring on such premises.
"Operator" means a person who supervises, manages, oversees, directs, organizes,
controls or in any other way is responsible for or in charge of the premises of an adult
business, or the conduct or activities occurring on such premises.
"Owner" means all persons having a direct or indirect investment in an adult business;
provided, however, where such investment is held by a corporation, forthe purposes of this
chapter, each officer and director of a corporation and each stockholder holding more than
5% of the stock of such corporation is deemed to be an Owner.
"Performer" means a person who is an employee or independent contractor of an adult
business, or any other person who, with or without any compensation or other form of
consideration, provides adult live entertainment for patrons of an adult business.
"Person" means any individual, firm, association, partnership, limited liability company,
corporation or other form of legal entity.
"Regular and substantial course of conduct" and "regular and substantial portion" means
any adult- oriented business where one or more of the following conditions exist:
A. The area(s) devoted to the display of sexually oriented material or merchandise
exceeds twenty -five (25) percent of the total display area of the business; or
B. 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 lingerie, on any four or more separate
days within any twelve (12) month period; or
C. At least twenty -five (25) percent 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.
"Religious institution" means a structure which is used primarily for religious worship and
related religious activities.
13 EXHIBIT E
"School" means 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
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.
"Sexually oriented material" means any element of sexually oriented merchandise, or any
book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or
other written, oral or visual representation that, for purposes of sexual arousal, provides
depictions characterized by an emphasis on matter depicting, describing or relating to
specific sexual activities or specified anatomical areas.
"Sexually oriented merchandise" means sexually oriented implements and paraphernalia,
including 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 designed or marketed
primarily for the stimulation of human genital organs or sadomasochistic activity, or
characterized by an emphasis on matter depicting, describing or relating to specific sexual
activities or specified anatomical areas.
"Specified anatomical areas" means
A. 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
B. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
"Specified sexual activities" means
A. Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
B. Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy;
C. Acts of human masturbation, sexual stimulation or arousal, actual or simulated;
D. Human genitals in a state of sexual stimulation or arousal;
E. Use of human or animal ejaculation;
F. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, bondage
or restraints; or
14 EXHIBIT E
G. Excretory functions as part of, or in connection with, any of the activities listed in
division (A) through (F) of this definition.
5.08.030 License required.
A. No person may establish or operate an adult business within the city without first
obtaining, and continuing to maintain in full force and effect, an adult business license.
The issuance of an adult business license shall satisfy the requirement of this code that
every applicable business obtain a business license.
B. Every adult business license is subject to the development and operational standards of
this chapter, and the regulations of the zoning district in which the business is located.
5.08.040 Application submittals.
A. Application. Any person desiring to obtain an adult business license must submit an
application to the City Manager or his or her designee on the form provided by the city.
The application must list all owners of the proposed adult business, who are collectively
referred to as "the applicant'. The application must also list each designated operator
and on -site manager if such persons are not owners. The application must contain the
following information regarding the owners, operators and on -site managers, as
applicable, and the following items:
1. Name and address.
2. The previous residential addresses of all individuals, if any, for a period of five years
immediately prior to the date of filing the application, and the dates of residence at
each.
3. Written proof that all individuals are at least 18 years of age.
4. The history of the applicant as to the operation of any adult business or similar
business or occupation within five years of the filing of the application. Such
information must include a statement as to whether or not each such person, in
operating an adult business under a license, has had such license or license
revoked or suspended and the reasons therefor.
5. All criminal convictions or offenses described in Section 5.08.060(b)(11); and
whether any individual is required to register under the provisions of Cal. Penal
Code Section 290 or of the Cal. Health & Safety Code Section 11590.
6. Authorization for the city, its agents and employees to seek information and conduct
an investigation into the truth of the statements set forth in the application and the
qualifications of the individuals.
7. The height, weight, and color of eyes and hair of each individual.
15 EXHIBIT E
8. Fingerprints and two prints of a recent passport-size photograph of each individual.
Business, occupation or employment history of each individual for the five years
immediately preceding the date of the application.
10.A non - refundable deposit or fee as set forth by city resolution.
11.A narrative description of the proposed business, explaining how such business
complies or will comply with the applicable development and operational standards
specified in Section 5.08.060.
12.A site plan designating the building or unit proposed for the adult business, and a
dimensional interior floor plan depicting how the business complies or will comply
with the applicable development and operational standards specified in Section
5.08.060. The site plan and interior floor plan need not be professionally prepared,
but must be drawn to a designated scale or to an accuracy of plus or minus six
inches.
13.A lighting plan for all outdoor areas including parking areas.
14. If the applicant is a partnership, limited liability company or corporation,
documentary proof that such entity was duly formed, and is authorized to do
business and is in good standing in the State of California.
15. The fictitious name, if any, of the adult business, together with documentary proof of
registration of the fictitious name.
16. If the applicant does not own the lot or parcel on which the adult business will
operate, the property owner or lessor of the premises, or their legally authorized
representative, as applicable, must consent to the filing of the application by signing
and dating the application.
17.A statement, in writing and dated by the applicant, certifying under penalty of perjury
that the information contained in the application is true and correct.
a. If the applicant is one or more natural persons, one such person must sign the
application under penalty of perjury.
If the applicant is a partnership, limited liability company or corporation, a
general partner, officer, director or member of the entity must sign the
application under penalty of perjury.
18. Such additional information as the Chief of Police may reasonably deem necessary.
B. Determination of completeness.
16 EXHIBIT E
1. The Chief of Police will determine whether the application contains all the
information and items required by the provisions of this chapter.
2. If it is determined that the application is not complete, the applicant will be notified in
writing within five business days of the date of receipt of the application that the
application is not complete and the reasons for such determination, including any
additional information necessary to render the application complete.
a. The applicant will have 30 calendar days to submit additional information to
render the application complete.
b. Failure to do so within the 30 -day period will render the application void.
3. Within five business days following the receipt of an amended application or
supplemental information, the Chief of Police will again determine whether the
application is complete in accordance with the procedures set forth in this division.
a. Evaluation and notification will occur as provided above until such time as the
application is found to be complete or the application is withdrawn.
b. The applicant will be notified within five days of the date of the application is
found to be complete (hereafter "application date ").
4. All notices required by this chapter will be deemed given upon the date any such
notice is either deposited in the United States mail or the date upon which personal
service of such notice is provided.
5.08.050 Review of application.
A. The Chief of Police will promptly cause the investigation of the application and, within
30 days of the application date, either issue the license or send by certified mail a
written statement to the applicant, setting forth the reasons for denial of the license. If
the Chief of Police has not issued a decision on the application within 30 days of the
application date, the application will be deemed approved, subject to an appeal under
Section 5.08.130.
B. The Chief of Police may deny a license for any of the following reasons:
1. An applicant has made one or more material misstatements in the application;
2. That the adult business, if licensed, will not comply with all applicable laws including
but not limited to, the building, development, fire, health, housing, and zoning codes
of the City;
17 EXHIBIT E
An applicant or any designated operator or on -site manager has pled guilty, nolo
contendere or been convicted within three years of the application date of an
offense specified in Section 5.08.060(b)(10);
4. An applicant or any operator has had a license or license for an adult business
denied, revoked or suspended for cause by any city, county or state within three
years of the application date;
5. An applicant is under 18 years of age;
6. The applicant failed to pay the filing fee required by this chapter.
C. If the license is denied, the Chief of Police must state, in writing, the reasons for the
denial and, in the notice to the applicant, must reference the applicant's right to an
appeal under Section 5.08.130.
D. The decision of the Chief of Police to issue or deny a license will be final unless an
appeal is timely filed under Section 5.08.130.
5.08.060 Development and operational standards.
A. Development standards.
Zoning compliance.
a. The building in which an adult business is located must comply with all setbacks,
parking, signage and other applicable requirements of the zoning district.
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 feet above the ground notwithstanding any landscaping requirements to the
contrary.
b. 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.
c. The adult- oriented business shall not conduct any massage, acupuncture,
tattooing, acupressure, fortunetelling or escort services on the premise nor shall
any such business be conducted from the same premise as the adult- oriented
business.
d. 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.
18 EXHIBIT E
e. Permanent barriers shall be installed and maintained to screen the interior of the
premises from public view for each door used as an entrance /exit to the
business
2. Exterior lighting.
a. All exterior areas, including parking lots, of the adult business must be
illuminated at a minimum of 1.50 footcandle, maintained and evenly distributed
at ground level with appropriate devices to screen, deflect or diffuse the lighting
in such manner as to prevent glare or reflected light from creating adverse
impacts on adjoining and nearby public and private properties.
b. Inoperable or broken lights must be replaced within 24 hours.
3. Sound. The premises within which the adult business is located must provide
sufficient sound - absorbing insulation so that noise generated inside such premises
will not be audible anywhere on any adjacent property or public right -of -way, or
within any other building or other separate unit within the same building.
4. No minors.
a. The building entrance to an adult business must be clearly and legibly posted
with a notice indicating that persons under 18 years of age are precluded from
entering the premises.
b. Such notice must be constructed and posted to the satisfaction of the Chief of
Police.
c. No person under the age of 18 years may be permitted within the premises at
any time.
5. Open indoor areas.
a. All indoor areas, within which patrons are permitted, except restrooms, must be
open to view at all times.
b. Adult booths and individual viewing areas are prohibited.
6. Restrooms.
a. Separate restroom facilities must be provided for male patrons and employees,
and female patrons and employees.
b. Male patrons and employees are prohibited from using any restroom for
females, and, female patrons and employees are prohibited from using any
19 EXHIBIT E
restroom for males, except to carry out duties of repair, maintenance and
cleaning of the restroom facilities.
c. The restrooms must be free from any sexually oriented material.
d. Restrooms may not contain television monitors or other motion picture or video
projection, recording or reproduction equipment.
e. This division does not apply to an adult business that deals exclusively with the
sale or rental of sexually oriented material that is not used or viewed on the
premises, such as an adult store or adult video store, and does not provide
restroom facilities to its patrons or the general public.
7. Residential conversions prohibited. No residential structure may be converted for
use as an adult business.
8. Portable structures prohibited. No adult business maybe located in any temporary
or portable structure.
B. Operational standards.
1. Hours. No adult business may operate or be open for business between the hours
of 2:00 a.m. to 10:00 a.m.
2. Employment of minors prohibited. No owner or operator of any adult business may
employ or permit to be employed any person who is not at least 18 years of age.
3. Presence of minors on premises prohibited.
a. No owner or operator of an adult business may allow or permit any person under
the age of 18 years to enter, be or remain in any such business.
b. Operators must determine the age of persons who enter the premises by posting
an employee at the entrance to check the driver's license or other authorized
identification of each person entering the premises.
4. Screening of interior of premises and display of sexually oriented materials or adult
live entertainment.
a. No adult business may be operated in any manner that permits the observation
of any material or activities depicting, describing or relating to specified sexual
activities or specified anatomical areas, or adult live entertainment, from any
public way or from any location outside the building or area of such
establishment.
20 EXHIBIT E
b. This provision applies to any display, decoration, sign, show window or other
opening.
c. No exterior door or window on the premises maybe propped or kept open at any
time while the business is open, and any exterior windows must be covered with
opaque covering at all times or otherwise screened to prevent a view of the
interior in a manner approved by the Chief of Police.
5. Alcoholic beverages prohibited. No alcoholic beverages maybe served, consumed
or sold on the premises of an adult business.
6. Illumination. All areas of the adult business must be illuminated at a minimum of the
following footcandles, minimally maintained and evenly distributed at ground level:
Area
Footcandles
stores and other
retail establishments
20
theaters and
cabarets
5 (except during performances, at which time lighting
must be at least 1.25 footcandles)
arcades
10
modeling studios
20
7. Security measures.
a. On -site manager required.
All adult businesses must have a responsible person who is over the age of
18 and is on the premises to act as manager at all times the business is
open, and shall be given by the owner or operator the responsibility and duty
to address and immediately resolve all violations of law taking place on the
premises.
ii. No performer may serve as an on -site manager.
iii. If the on -site manager is not an owner, then the owners must provide the
Chief of Police with the individual background information set forth in
divisions (1) to (9) of Section 5.08.040(A) for such on -site manager, and
receive approval for each such on -site manager, utilizing the application
process under Section 5.08.050, prior to such individual commencing any
managerial duties at the premises.
b. Security guards required. Adult businesses must employ state - licensed,
uniformed security guards in order to maintain the public peace and safety,
based upon the following standards:
21 EXHIBIT E
i. Adult businesses featuring adult live entertainment and performers must
provide at least one security guard at all times while the business is open. If
the occupancy limit of the premises is greater than 35 persons, an additional
security guard must be on duty.
ii. Security guards for other adult businesses maybe required if it is determined
by the Chief of Police that their presence is necessary in order to prevent any
of the conduct prohibited in this chapter from occurring on the premises.
c. Duties and qualifications of security guards.
Security guards have a duty to prevent violations of law and enforce
compliance by patrons with the requirements of this chapter.
ii. Security guards must be uniformed in such a manner so as to be readily
identifiable as a security guard by the public, and must be duly licensed as a
security guard as required under state law.
iii. No security guard required under this section may act as a door person,
ticket seller, ticket taker, admittance person, performer or on -site manager
while acting as a security guard.
d. Illumination requirements for off- street parking areas and building entries.
i. All off - street parking areas and building entries serving an adult business
featuring adult live entertainment must be illuminated during all hours of
operation, with a lighting system designed to provide at least an average
maintained, horizontal illumination of 1.50 footcandle of light on the parking
surface and walkway.
ii. This required lighting level is established in order to provide sufficient
illumination of the parking areas and walkways serving the adult business, for
the personal safety of patrons and employees, and to reduce the incidence
of vandalism and theft.
iii. The lighting must be shown on the required site or plot plan and must be
accompanied by a photometric study.
iv. The required lighting must remain on for at least 30 minutes after the closing
time of the adult business to promote safety for its employees.
e. Security system for off - street parking areas. All off - street parking areas serving
an adult business featuring adult live entertainment must have a security system
that visually records and retains images of the entire parking area for at least 14
days for the purposes of promoting safety and identifying illegal activity.
22 EXHIBIT E
Adult live entertainment; additional operating regulations. The following additional
requirements apply to adult businesses providing adult live entertainment:
a. No person may perform adult live entertainment for patrons of an adult business
except upon a permanently fixed stage, at least 18 inches above the level of the
floor, and surrounded by a three - foot -high barrier or by a fixed rail at least 30
inches in height.
A distance of at least six feet, measured horizontally, must be maintained
between patrons and performers at all times during a performance.
ii. No patron may be permitted on the stage while the stage is occupied by a
performer. This provision does not apply to an individual viewing area, where
the performer is completely separated from the area in which an individual
views the performer by a permanent, floor -to- ceiling, solid barrier.
b. No performer may have physical contact with any patron, and no patron may
have physical contact with any performer, while the performer is performing on
the premises.
This prohibition does not extend to incidental touching.
ii. Patrons must be advised of the no touching requirements by signs
conspicuously displayed and placed on the barrier between patrons and
performers, and utilizing red or black printing of letters not less than one inch
in size.
iii. If necessary, patrons must also be advised of the no touching requirements
by employees or independent contractors of the establishment.
c. While on or about the premises, all employees and independent contractors of
the adult business, including performers, must wear, at a minimum, an opaque
covering that covers their specified anatomical areas.
d. If patrons wish to pay or tip performers, payment or tips may be placed in
containers placed at least six feet from the stage used by the performers.
Patrons may not throw money to performers, place monies in the performers'
costumes, or otherwise place or throw monies on the stage.
Patrons must be advised of this requirement by signs conspicuously
displayed and placed on the barrier between patrons and performers, and
utilizing red or black printing of letters not less than one inch in size.
23 EXHIBIT E
e. The adult business must provide dressing rooms for performers, which are
separated by gender and exclusively dedicated to the performers' use, and
which the performers must use.
i. Same gender performers may share a dressing room.
ii. Patrons are not permitted in dressing rooms.
f. The adult business must provide an entrance /exit to the establishment for
performers that is separate from the entrance /exit used by patrons, and the
performers must use this entrance /exit at all times.
g. The adult business must provide access for performers between the stage and
the dressing rooms that is completely separated from the patrons.
i. If such separate access is not physically feasible, the adult business must
provide a minimum - three - foot -wide walk aisle for performers between the
dressing room area and the stage, with a railing, fence or other barrier
separating the patrons and the performers capable of (and that actually
results in) preventing any physical contact between patrons and performers.
ii. The patrons must remain at least three feet away from the walk aisle.
iii. Nothing in this section is intended to exempt the adult business from
compliance with the provisions of Title 24 of the California Code of
Regulations pertaining to handicapped accessibility.
9. Adult theater; additional operating requirements. The following additional
requirements apply to adult theaters.
a. If the theater contains a hall or auditorium area, the area must comply with each
of the following provisions:
i. Have individual, separate seats, not couches, benches, or the like, to
accommodate the maximum number of persons who may occupy the hall or
auditorium area;
ii. Have a continuous main aisle alongside the seating areas so that each
person seated in the hall or auditorium area is visible from the aisle at all
times;
iii. Have a sign posted in a conspicuous place at or near each entrance to the
hall or auditorium area, listing the maximum number of persons who may
occupy the hall or auditorium area, which number may not exceed the
number of seats within the hall or auditorium area.
24 EXHIBIT E
10. No owner, operator or on -site manager of any adult business may have pled guilty,
nolo contendere or been convicted within the past three years of any of the following
offenses, or convicted of an offense outside the state of California that would have
constituted any of the following offenses if committed within the state of California:
Cal. Penal Code Section 243.4, 261, 266a through 266j, inclusive, 267, 314, 315,
316, 318; or Cal. Penal Code Section 647a, b and d; any offense requiring
registration under provisions of either Cal. Penal Code Section 290 or Cal. Health &
Safety Code Section 11590; or any felony offense involving the possession,
possession for sale, sale, transportation, furnishing or giving away of a controlled
substance specified in Cal. Health & Safety Code Section 11054, 11055, 11056,
11057 or 11058, as those sections may hereafter be amended.
11. No owner, operator, employee or performer of an adult business may personally
solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of
the adult business.
12. Every adult business must display, at all times during business hours, the license
issued pursuant to the provisions of this chapter for such adult business, in a
conspicuous place so that the license may be readily seen by all persons entering
the adult business.
13. No owner, operator or on -site manager may permit any person on the premises of
the adult business to engage in, nor may any performer perform at such premises, a
live showing of any of the following: (a) the human male or female genitals, pubic
area, or buttocks with less than a fully opaque covering, (b) the female breasts with
less than a fully opaque covering over any part of the nipple or areola; or (c)
covered male genitals in a discernibly turgid state. This provision may not be
complied with by applying an opaque covering simulating the appearance of the
specific anatomical part required to be covered.
14. No performer may be employed, hired, engaged or otherwise retained by an adult
business to participate in or give any live performance without first having a valid
adult business performer license issued by the city.
5.08.070 Prohibited conduct at adult businesses.
A. No person may operate or manage, or cause to be operated or managed, an adult
business knowingly, or with reason to know, permitting, suffering, or allowing any
employee or independent contractor:
1. To engage in a lap dance with a patron at the business; or
To contract or otherwise agree with a patron to engage in a lap dance with a person
at the business; or
25 EXHIBIT E
3. To intentionally touch any patron at an adult business while performing adult live
entertainment; or
4. To voluntarily be within six feet of any patron while performing adult live
entertainment; or
5. To solicit or request any gratuity, pay or any other form of consideration from a
patron on the premises of the adult business while performing adult live
entertainment.
B. No person at any adult business may intentionally touch an employee or independent
contractor who is performing adult live entertainment at the adult business.
C. No person at any adult business may engage in a lap dance with an employee or
independent contractor at the adult business.
D. No person may directly pay, offer to pay, or otherwise seek to provide a gratuity, pay or
any other form of consideration, to a performer at an adult business. No person may
use an intermediary, such as an employee or independent contractor, to offer, provide,
or otherwise pay a gratuity or other form of consideration to a performer at an adult
business.
E. No performer may engage in a performance or solicit a performance between the hours
of 2:00 a.m. and 10:00 a.m.
F. No employee or independent contractor at an adult business may appear on the
premises of the adult business in the nude, seminude, or display or expose specified
anatomical areas.
5.08.080 License requirements; effect of noncompliance.
The requirements described in Sections 5.08.060 and 5.08.070 are conditions of an adult
business license, and the failure to comply with any applicable requirement is grounds for
revocation of the license issued pursuant to this chapter.
5.08.090 License duration.
An adult business license is valid for a period of one year from the date of issuance.
5.08.100 License renewal.
A. An adult business license must be renewed on an annual basis, provided that the
owner and the adult business continues to meet all applicable requirements set forth in
this chapter.
26 EXHIBIT E
B. A request for license renewal must be accompanied by an adult business license
application, completed in full detail with current information.
1. The application and appropriate fee must be received by the city at least 45
calendar days prior to the expiration of the existing license.
2. The city will process a request for a license renewal in the same manner as the
original application.
5.08.110 License transferability.
A. No adult business license may be sold, transferred or assigned by any owner, or by
operation of law, to any other person unless and until the transferee obtains an
amendment to the license from the Chief of Police stating that the transferee is now the
owner.
1. Such an amendment may be obtained only if the transferee files an application with
the City Manager or his or her designee in accordance with Section 5.08.040
(including payment of the applicable application fee), and the Chief of Police
determines, in accordance with Section 5.08.050, that the transferee would be
entitled to the issuance of the original license.
2. Without such amendment to the license, any other purported sale, transfer or
assignment, or attempted sale, transfer or assignment, will be deemed to constitute
a voluntary surrender of the license, and thereafter the license will be null and void.
B. An adult business license held by a corporation, partnership or limited liability company
is subject to the same rules of transferability.
C. An adult business license will be valid only for the exact location specified in the
license.
5.08.120 Enforcement and revocation.
A. Inspections. All law enforcement and code enforcement officers have the right to enter
the premises of an adult business, from time to time during regular business hours, to
make reasonable inspections, to observe and enforce compliance with building, fire,
electrical, plumbing or health regulations, and to ascertain whether there is compliance
with the provisions of this chapter.
B. Grounds for revocation. The Chief of Police may revoke an adult business license
when:
1. Any of the applicable requirements of this chapter ceases to be satisfied; or
2. The application is discovered to contain incorrect, false or misleading information; or
27 EXHIBIT E
An owner has pled guilty, nolo contendere or been convicted of a felony or
misdemeanor occurring or relating to, the premises or lot upon which the
adult business is located, which offense is one of those listed in Section
5.08.060(b)(11); or
4. On two or more occasions within a 12 -month period, any operator, employee, agent
or contractor of the owner has pled guilty, nolo contendere or been convicted of a
felony or misdemeanor occurring upon, or relating to, the premises or lot upon
which the adult business is located, which offense is one of those listed in Section
5.08.060(b)(11); or
5. The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
The owner, operator or any employee, agent or contractor of the owner has
knowingly allowed the premises to be used as a place where a controlled substance
has been illegally consumed, sold or exchanged; or
7. The adult business has been operated in violation of any of the requirements of this
chapter and:
a. If the violation is of a continuous nature, the business continues to be operated
in violation of such provision for more than ten days following the date written
notice of such violation is mailed or delivered to the owner or operator; or
b. If the violation is of a noncontinuous nature, one or more additional violations of
the same provision, or two or more violations of any other of the provisions, of
this chapter occur (regardless of whether notice of each individual violation is
given to the owner or operator) within any 12 -month period.
C. Notice of revocation.
Upon determining that grounds for license revocation exist, the Chief of Police will
furnish written notice of the proposed revocation to the owner.
2. Such notice must summarize the principal reasons for the proposed revocation, and
state that the revocation will become effective on the 20th day after the notice was
deposited in the U.S. mail, unless the owner files an appeal under Section 5.08.130.
The notice must be delivered both by posting the notice at the location of the adult
business, and by sending the same, by certified mail, to the owner as that name
and address appears on the license.
5.08.130 Appeals.
28 EXHIBIT E
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for, or revocation of, an adult business license, by filing a complete notice of
appeal with the City Clerk within 10 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing, stating the grounds for disagreement with the Chief of Police's stated
decision;
2. Include the address to which notice is to be mailed;
3. Be signed under penalty of perjury; and
4. Be accompanied by the filing fee established by City Council resolution..
B. If an appeal is timely filed, the City Manager will hear the appeal and the City Clerk will
cause to be set a date for the hearing of the appeal not more than 30 days from the
date the appeal is received.
1. The hearing will be a de novo hearing on the action which is the subject of the
appeal.
2. At the hearing, the appellant will have the right to offer testimonial, documentary and
tangible evidence bearing upon the issues.
3. The City Manager will not be bound by the formal rules of evidence.
4. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness.
C. The City Manager will issue written findings and a decision within 15 days of the
conclusion of the hearing, and send notice of the decision by certified mail to the
appellant. The notice of the decision must include reference to the appellant's right to
prompt judicial review under Cal. Civ. Proc. Code Section 1094.8.
D. The action by the hearing officer will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.08.140 Reapplication after denial or revocation.
A. Reapplication after denial.
1. An applicant for a license under this chapter, whose application for such license has
been denied, may not reapply for a license for a period of two years from the date
such notice of denial was deposited in the mail or received by the licensee,
whichever occurs first.
29 EXHIBIT E
2. However, a reapplication prior to the termination of two years may be made if
accompanied by evidence that the ground or grounds for denial of the application
no longer exists.
B. Reapplication after revocation. No person may obtain an adult business license for
three years from the date any order of license revocation affecting such person has
become final.
5.08.150 Violations.
A. Any owner, operator, licensee, employee or independent contractor of an adult
business violating or permitting the violation of any of the provisions of this chapter will
be subject to any and all civil remedies, including license or license revocation. All
remedies provided herein are cumulative and not exclusive.
B. In addition to the remedies set forth in division (A), any adult business operating in
violation of these provisions is hereby declared to constitute a public nuisance and, as
such, may be abated or enjoined from further operation.
C. The regulations imposed under this chapter are part of a regulatory licensing process,
and any violation of this chapter does not constitute a criminal offense. Notwithstanding
any other provision of this code, the city does not impose a criminal penalty for
violations of this chapter related to expressive activities.
5.08.160 Discontinued use.
Notwithstanding any provision to the contrary in this code, if an adult business is
abandoned fora period of six consecutive months, the Chief of Police shall, after public
hearing, have the authority to revoke the adult business license. The public hearing shall
be noticed in accordance with Government Code Section 65091.
5.08.170 Regulations nonexclusive.
The provisions of this chapter are not intended to be exclusive, and compliance therewith
will not excuse noncompliance with any other applicable regulations pertaining to the
operation of businesses adopted by the city.
SECTION 6. The Planning Commission does HEREBY RECOMMEND that Chapter
5.10 (Adult Business Performers) shall be added to Title 5 of the Rosemead Municipal
Code to read as follows:
Chapter 5.10
ADULT BUSINESS PERFORMERS
Sections:
30 EXHIBIT E
5.10.010
Purpose.
5.10.020
Definitions.
5.10.030
Adult business performer license required.
5.10.040
Investigation and action on license application.
5.10.050
License revocation.
5.10.060
Appeals.
5.10.070
Display of license identification cards.
5.10.080
License non - transferable.
5.10.090
Violations.
5.10.010 Purpose.
A. The purpose of this chapter to provide for the licensing of adult business performers in
order to promote the health, safety, and general welfare of the city.
B. The intent of the adult business performer licensing provisions are: (1) to protect minors
by requiring that all performers be over the age of 18 years; (2) to assure the correct
identification of persons performing in adult businesses; (3) to enable the city to deploy
law enforcement resources effectively; and (4) to detect and discourage the
involvement of crime in adult businesses, by precluding the licensing of performers with
certain sex - related convictions within a prescribed time period.
C. It is neither the intent nor the effect of these regulations to invade the privacy of
performers, or to impose limitations or restrictions on the content of any communicative
material. Similarly, it is neither the intent nor the effect of these regulations to restrict or
deny access by adults to communicative materials or to deny access by the distributors
or exhibitors of adult businesses to their intended, lawful market.
D. Nothing in these regulations is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use that violates
any city ordinance 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.
5.10.020 Definitions.
The definitions contained in Chapter 5.08 of this code also apply to this chapter, with the
following additions:
"Licensee" means a person who is issued an adult business performer license under this
chapter.
5.10.030 Adult business performer license required.
31 EXHIBIT E
A. No performer may be employed, hired, engaged, or otherwise retained by an adult
business to participate in, or give any performance of, adult live entertainment without
first having a valid adult business performer license issued by the city.
B. The Chief of Police is responsible for the processing, investigation, and issuance of
adult business performer licenses in accordance with this chapter.
C. License applicants must file a license application or renewal application with the City
Manager or his or her designee on a form provided by the city. At minimum, this
application form must contain the following information:
1. The applicant's legal name and any other names (including "stage names" and
aliases) used by the applicant;
2. Principal place of residence;
3. Age, date, and place of birth;
4. Height, weight, hair and eye color, tattoo descriptions and locations;
5. Each present or proposed business address and telephone number of the
establishments at which the applicant intends to work;
6. Driver's license or identification number and state of issuance;
7. Social Security number;
8. Satisfactory written proof that the license applicant is a least 18 years of age;
9. The license applicant's fingerprints on a form provided by the city, and two passport-
size photographs clearly showing the applicant's face.
a. Any fees for the photographs and fingerprints will be paid by the applicant.
b. Fingerprints and photographs must be taken within six months of the date of
application;
10. Whether the applicant has pled guilty, nolo contendere or been convicted of an
offense classified by this or any other state as a sex - related offense within five years
since the date of conviction or the date of release from confinement to the date of
application, whichever is the later date.
11. If the application is made for the purpose of renewing a license, the applicant must
attach a copy of the license to be renewed.
32 EXHIBIT E
D. The information provided above in division (C) that is personal, private, confidential, or
the disclosure of which could expose the applicant to the risk of harm, including but not
limited to, the applicant's residence address, telephone number, date of birth and age,
driver's license and Social Security number, will not be disclosed, provided such
nondisclosure is in accordance with the California Public Records Act.
E. The completed application must be accompanied by a non - refundable application fee
and annual license fee. The amount of such fees will be as set forth in the schedule of
fees established by City Council resolution.
F. The Chief of Police will determine whether the application is complete within two
business days.
If the Chief of Police determines that the application is incomplete, the Chief of
Police must immediately inform the applicant of such fact, and the reasons therefor,
including any additional information necessary to render the application complete.
2. Upon receipt of a completed adult business performer application, the Chief of
Police will, within two business days, issue a temporary adult business performer
license that will automatically expire 30 business days from the date of issuance,
unless extended as provided in Section 5.10.040(D). This temporary adult business
performer license authorizes a performer to commence performance at an adult
business that possesses a valid adult business license authorized to provide adult
live entertainment.
G. The fact that a license applicant possesses other types of state or city permits or
licenses does not exempt the license applicant from the requirement of obtaining an
adult business performer license.
5.10.040 Investigation and action on license application.
A. Upon submission of a completed application and issuance of a temporary adult
business performer license, the Chief of Police will promptly cause the investigation of
the information contained in the application to determine whether the applicant should
be issued an adult business performer license.
B. The Chief of Police's decision to grant or deny the adult business performer license
must be made within 30 business days from the date the temporary license was issued.
If the application is denied, the Chief of Police must include a written statement of
the reasons for the denial. Such notice must also advise the applicant of the right to
appeal the denial under Section 5.10.060.
2. If the application is granted, the Chief of Police will attach the adult business
performer license to the notice.
33 EXHIBIT E
3. The decision will be mailed or personally delivered to the applicant at the address
provided in the application.
C. The Chief of Police may deny the application based on any of the following grounds:
1. The applicant has made false, misleading or fraudulent statement of material fact in
the application for an adult business performer license.
2. The applicant is under 18 years of age.
3. The adult business performer license is to be used for performing in a business
prohibited by laws of the state or city, or at a business that does not have a valid
adult business license.
4. The occurrence of any of the events set.forth in Section 5.10.030(c)(10).
D. If the Chief of Police fails to render a decision on the license within the time frame
established by this section, the application will be deemed approved, subject to an
appeal under Section 5.10.060.
E. Each adult business performer license, other than the temporary adult business
performer license described in Section 5.10.020(F), will expire one year from the date
of issuance, and may be renewed only by filing with the Chief of Police a written
request for renewal, accompanied by the annual license fee and a copy of the license
to be renewed, at least 30 days prior to the expiration of the license.
If the application conforms to the previously approved application and there has
been no change with respect to the licensee being convicted of any crime classified
by this or any other state as a sex - related offense, and no evidence that the
licensee has failed to comply with any of the operating standards of Chapter 5.08
applicable to a performer or the requirements of this chapter, the Chief of Police will
renew the license for one year.
2. An application for renewal will be acted upon in the same manner as the application
for the original license.
3. If the Chief of Police denies renewal of the application, that decision is also
appealable under Section 5.10.060.
5.10.050 License revocation.
A. A license may be revoked, based on any of the following causes arising from the acts
or omissions of the licensee:
The licensee has made a false, misleading or fraudulent statement of material fact
in the application for a performer license.
34 EXHIBIT E
2. The licensee has pled guilty, nolo contendere or been convicted of an offense as
set forth in Section 5.10.030(c)(10).
3. The licensee has failed to comply with any of the operating standards of Chapter
5.08 applicable to a performer or the requirements of this chapter.
B. In determining that grounds for license revocation or suspension exist, the Chief of
Police will furnish written notice of the proposed action to the licensee.
1. Such notice will set forth the time and place of a hearing before the Chief of Police,
the grounds, including the factual matters, in support of such proposed action, and
the pertinent code sections.
2. The notice will be mailed, postage prepaid, to the last known address of the
licensee, or personally delivered to the licensee, at least ten days prior to the
hearing date.
C. At the hearing, the licensee will have the right to offer testimonial, documentary and
tangible evidence bearing upon the issues.
1. The Chief of Police will not be bound by the formal rules of evidence.
2. Any hearing under this section may be continued for a reasonable time for the
convenience of a party or a witness at the request of the licensee.
D. After the hearing, the Chief of Police will either sustain or overrule the decision of the
Chief of Police to issue the initial adult business performer license and render a written
decision within two business days of the hearing.
1. The decision will be sent by certified mail to the applicant or licensee.
2. The decision of the Chief of Police must include reference to the right to prompt
judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the Chief of Police will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.060 Appeals.
A. Any interested person may appeal a decision of the Chief of Police regarding an
application for an adult business performer license, by filing with the City Clerk a
complete notice of appeal within 15 days from the date notice of such decision is
mailed. To be deemed complete, the appeal must:
1. Be in writing;
35 EXHIBIT E
2. State the grounds for disagreement with the Chief of Police's stated decision;
3. Include the address to which notice is to be mailed;
4. Be signed under penalty of perjury; and
5. Be accompanied by the filing fee established by City Council resolution.
B. If an appeal is timely filed, the City Manager will hear the appeal.
C. The City Clerk must set a hearing date not more than 30 days from the date of the filing
of the appeal. The hearing may be continued for good cause.
D. The City Manager will issue findings in writing within 15 days of the conclusion of the
hearing.
1. The written findings and decision will be sent by certified mail to the appellant.
2. The notice of the decision must include reference to the appellant's right to prompt
judicial review under Cal. Civ. Proc. Code Section 1094.8.
E. The action by the City Manager will be final unless timely judicial review is sought
pursuant to Cal. Civ. Proc. Code Section 1094.8.
5.10.070 Display of license identification cards.
A. The Chief of Police will provide each adult business performer whose application is
approved with an identification card containing the name, address, photograph, and
license number of such performer.
B. Every performer must have such card available for inspection at all times the performer
is on the premises of the adult business at which he or she performs.
5.10.080 License non - transferable.
A. No adult business performer license may be sold, transferred, or assigned by any
licensee or by operation of law, to any other person.
B. Any such sale, transfer, or assignment; or attempted sale, transfer or assignment, will
be deemed to constitute a voluntary surrender of the adult business performer license,
and the license thereafter will be void.
5.10.090 Violations.
36 EXHIBIT E
A. Any licensee violating any of the provisions of this chapter or the provisions of Chapter
5.08 regulating adult business performers will be subject to license revocation, and any
and all other civil remedies.
1. All remedies provided herein are cumulative and not exclusive.
2. Any such violation will constitute a separate violation for each and everyday during
which it is committed or continued.
The regulations imposed under this chapter are part of a regulatory licensing process, and
violations of this chapter do not constitute a criminal offense. Notwithstanding any other
provision of this code, the city does not impose a criminal penalty for violations of the
provisions of this chapter related to "expressive activities."
SECTION 7. The Planning Commission does HEREBY RECOMMEND that Section
17.44.080 (Adult Oriented Businesses) of the Rosemead Municipal Code be DELETED in
its entirety.
SECTION 8. The Planning Commission does HEREBY RECOMMEND that Section
17.56.025 (Adult Businesses) shall be added to Chapter 56 of Title 17 of the Rosemead
Municipal Code to read as follows:
17.56.025 Adult businesses.
Adult businesses shall be allowed to locate in the M -1 zone subject to obtaining an adult
business license in accordance with Chapters 5.08, 5. 10, and 17.80 of this code.
SECTION 9. The Planning Commission does HEREBY RECOMMEND that Chapter
17.80 (Adult Businesses) of the Rosemead Municipal Code be amended to read as
follows:
Chapter 17.80
ADULT BUSINESSES
Sections:
17.80.010 Purpose.
17.80.020 Locational requirements.
17.80.010 Purpose.
The purpose of this chapter is to establish a comprehensive set of regulations applicable to
the location of adult businesses within the city. The words and phrases used in this section
are governed by the definitions contained in Chapters 5.08 and 5.10 of this code.
17.80.020 Locational requirements.
37 EXHIBIT E
A. Permitted districts. Adult businesses are permitted in the M -1 Zone.
B. Locational standards.
1. Adult businesses may not be located:
a. Within 500 feet of any property zoned R -1, R -2, R -3, or any lot where there is an
actual residential use within the city limits;
b. Within 500 feet of any churches or other places used exclusively for religious
worship, whether inside or outside of the city limits;
c. Within 500 feet of any public or private school (grades K -12) or child care
establishment, whether inside or outside the city limits;
d. Within 500 feet of any public park or playground, or any city facility, including but
not limited to, city hall, the city library, and any police or fire station;
e. Within 500 feet of any property upon which is located a business with a Type 40,
42, 48 or 61 on -site alcoholic beverage license.
f. Within 1,000 feet of any other adult business, whether inside or outside the city
limits.
g. Within 1,000 feet of any massage establishment, whether inside or outside the
city limits.
2. The distances specified in this division will be measured in a straight line, without
regard to intervening structures, from the nearest property line of the premises in
which the proposed adult business is to be established to the nearest property line
of a use or zoning classification listed above.
Adult business license required. Adult businesses must obtain and maintain an adult
business license incompliance with all applicable requirements of Chapter 5.08 of this
code. Adult Business Performers must obtain and maintain an adult business performer
license in compliance with all applicable requirements of Chapter 5.10 of this code.
SECTION 10. The Planning Commission HEREBY RECOMMENDS CITY
COUNCIL APPROVAL of Municipal Code Amendment 10 -04 amending regulations for
adult businesses within the City of Rosemead.
SECTION 11. This resolution is the result of an action taken by the Planning
Commission on March 7, 2011 by the following vote:
38 EXHIBIT E
YES: Eng, Herrera, Hunter and Ruiz
NO: NONE
ABSENT: NONE,
ABSTAIN: Alarcon
SECTION 14. The secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 7 th day of March, 2011.
D: f A
Wiliam Alarcon, hairma
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on 7 th day of March,
2011, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN
Eng, Herrera, Hunter and Ruiz
NONE
NONE
Alarcon
39
EXHIBIT E
RESOLUTION 2011 - 11
A RESOLUTION OF THE CITY OF ROSEMEAD, CALIFORNIA ADDING CERTAIN
ADULT ENTERTAINMENT BUSINESS LICENSE FEES
WHEREAS, a new adult business ordinance has been adopted by the City
Council of the City of Rosemead, California, as Urgency Ordinance No. 914; and
WHEREAS, an important element of the ordinance is the licensing of adult
business owners and adult business performers to provide assurance to residents and
visitors of the City that the facilities where adult entertainment is offered meet the
requirements of the ordinance dealing with potential threats to the public health and
safety, and
WHEREAS, employees of and owners of adult entertainment businesses must
abide by the requirements of the ordinance when operating or working at each
business, and
WHEREAS, The primary method of assuring that the requirements of the
ordinance are being met by adult entertainment businesses and performers is through
the business license process that subjects business owners and performers to
background checks and ongoing licensing requirements, and
WHEREAS, in accordance with Proposition 26, the City is entitled to recover
those costs of enforcing the terms of the ordinance by collection of business license
fees; and
WHEREAS, the City currently requires special business licenses for adult book
stores, adult cabarets, adult motion picture arcades, adult motion picture theaters, and
adult theaters but has not required licenses for adult model studios or individual licenses
for adult performers at any adult business; and
WHEREAS, the City wants to place adult model studios and individual
performers at adult businesses on a substantially similar basis as it treats other adult
businesses; and
WHEREAS, the City has determined based on the personnel costs of City staff
and the time expected to be needed to review applications, along with the costs of
associated with background investigations by outside agencies that the costs of
processing business license applications, are substantially covered and are not
exceeded by the fees proposed below.
1 EXHIBIT F
NOW, THEREFORE, BE IT RESOLVED by the Rosemead City Council that the
following business license fees be imposed:
Adult Businesses:
Adult Model Studio (New License) $1,752
Adult Model Studio (Renewal) $1,593
Adult Performer (New License) $ 150
Adult Performer (Renewal) $ 100
PASSED, AND ADOPTED, by the City Council of the City of Rosemead, County of Los
Angeles of the State of California on March 22, 2011.
, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVE AS TO FORM:
Rachel H. Richman, City Attorney
2 EXHIBIT F
ORDINANCE NO. 878
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, ESTABLISHING A MORATORIUM
ON ADULT BUSINESSES IN THE CITY ' .
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDS AS
'FOLLOWS:
SECTION 1. FINDINGS. Based on information contained in the record, the City
Council makes the following findings:
A. Special regulation of adult businesses is necessary to ensure that their
adverse secondary effects will not contribute to an increase in crime rates or to the
deterioration of the areas in which they are located or surrounding areas. The need for
such special regulations is based upon the recognition that adult businesses have serious
objectionable operational characteristics, particularly when several of them are
concentrated under certain circumstances or located in direct proximity to sensitive uses
such as residences, parks, schools and churches, thereby having a deleterious effect
upon the adjacent areas. One of the purposes and intents of these special regulations is
to prevent the concentration of adult businesses and thereby prevent such adverse
secondary effects.
B. The City adopted an ordinance regulating adult businesses (referred to in
the ordinance as "adult- oriented businesses ") in 1995 ( "Ordinance No. 753 "). The
ordinance has not been updated since that time.
C. Since the adoption of Ordinance No. 753, there have been a number of
studies concerning the adverse secondary side effects of adult businesses in other cities,
including but not limited to: Alhambra, California (2007); Industry, California (2004);
Dallas, Texas (1997); Houston, Texas, (1997); and Newport News, Virginia (1996).
These studies supplement the studies on which the City relied in 1995. It is necessary for
the City to review the content of these studies and to determine whether they continue to
provide convincing evidence that:
. 1. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated by adult businesses,
including but not limited to an increase in the crimes of narcotics distribution and
use, prostitution, pandering, and violence against persons and property; and
2. New or modified regulations for adult businesses should be
developed to prevent deterioration or degradation of the vitality of the community
before the problem exists, rather than waiting for problems to be created.
D. The City Council is mindful of legal principles relating to regulation of adult
businesses, and the City Council does not intend to suppress or infringe upon any
EXHIBIT G
LA 94838- 9658 -5731 v
expressive activities protected by the First Amendment of the United States and
California Constitutions but instead desires to enact at a reasonable time, place, and
manner regulations that address the adverse secondary effects of adult businesses.
The City Council further recognizes that, subsequent to the adoption of Ordinance No.
753, the United States Supreme Court has issued a number of decisions regarding local
regulation of adult businesses, including but not limited to: City of Los Angeles v.
Alameda Books, 535 U.S. 425, 122 S. Ct. 1728 (2002); and City of Erie v. Pap's A.M.
("Kandyfand'), 529 U.S. 277, 120 S.Ct. 1382 (2000). Further, the United Stated Court
of Appeals for the Ninth Circuit has issued a number of decisions during that time,
including but not limited to: Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005);
Dream Palace v. County of Maricopa, 384 F.3d 990 (9th Cir. 2004); Diamond v. City of
Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S. 1072 (2001); Isbell V. City of
San Diego, 256 F.3d 1108 (9th Cir. 2001); Young v. City of Simi Valley, 216 F.3d 807
(9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City of Long Beach, 217 F.3d
1050 (9th Cir. 2000), cart. denied 121 S.Ct. 1189 (2001); Alameda Books v. City of Los
Angeles, 222 F.3d 719 (9th Cir. 2000), cent. granted 121 S.Ct. 1223 (2001); Baby Tam
& Co., Inc. v. City of Las Vegas ( "Baby Tam 1"), 154 F.3d 1097 (9th Cir. 1998); Baby
Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam IF), 199 F.3d 1111 (9th Cir. 2000);
Baby Tam & Co., Inc. v. City of Las Vegas ("Baby Tam 111), 247 F.3d 1003 (9th Cir.
2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108 (9th Cir. 1999); and
Co /acurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529 U.S. 1053
(2000). And there have been several cases in California state courts during that time,
including but not limited to: Krantz v. City of San Diego, 136 Cal.App.4th 1126 (2006);
Department of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
of California ( "Vicary'), 99 Cal.AppAth 880 (2002); and Tily B., Inc. v. City of Newport
Beach, 69 Cal.AppAth 1 (1998).
E. The City needs to study the foregoing cases and the rights and limitations
set forth therein in order to amend Ordinance No. 753 and ensure that the rights of
owners of adult .businesses are properly balanced with the limitations on those
businesses that are put in place to protect against the potential harmful secondary
effects of the businesses.
F. There exist possible harmful effects on children and minors exposed to the
effects of adult businesses and the City Council recognizes the need to enact
regulations which will minimize and /or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate
matter that is harmful to minors (i.e., Penal Code § 313 et seq.). The City Council
further understands that these cases recognize that protection of minors from sexually
explicit materials is a compelling government interest, including Crawford v. Lungren, 96
F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry v. City of Santa
Barbara, 40 Cal.AppAth 1075 (1995). These cases and the Penal Code provisions
must be studied to properly balance the rights of owners of adult businesses and adult -
oriented businesses with the limitations on those businesses.
G. Location criteria alone do not adequately protect the health, safety, and
general welfare of the citizens of the City, and thus certain requirements with respect to
the ownership, operation and licensing of adult businesses are in the public interest. In
EXHIBIT G
LA44838 -9658 -5731 Y1
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 is aware of the facts recited in the case of Kev,
Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult
entertainment results in secondary effects such as prostitution, drug dealing, and other
law enforcement problems. The City needs to study these facts to properly balance the
rights of owners of adult businesses and adult- oriented businesses with the limitations
on those businesses.
H. Evidence indicates that some dancers, models, performers, and other
persons who publicly perform specified sexual activities or publicly display specified
anatomical areas in adult businesses (collectively referred to as "performers") have
been found to engage in sexual activities with patrons of adult businesses on the site of
the adult business. Further, performers employed by adult 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. Some performers at adult
businesses have been found to engage in acts of prostitution with patrons of the
establishment. 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 locations for engaging in unlawful sexual activity. The City
has a substantial interest in adopting regulations that will reduce the possibility for the
occurrence of prostitution and unlawful sex acts at adult businesses in order to protect
the health, safety, and well -being of its citizens.
I. There is a specific danger from the sexually transmitted disease AIDS,
which is currently irreversible and fatal. In addition; the City is also concerned with
preventing the spread of other sexually transmitted diseases such as Syphilis,
Gonorrhea and Chlamydia.
J. Recognizing the negative secondary effects generated by live adult
entertainment, there have been a number of court decisions since the adoption of
Ordinance No. 753 upholding distance limitations between performers and patrons,
prohibitions against physical contact between performers and patrons, and precluded
direct exchange of monies between performers and patrons at adult businesses that
provide live entertainment, including, but not limited to: Gammoh v. City of La Habra,
395 F.3d 1114 (9' Cir. 2005); Tily B. v. City of Newport Beach ( 1999) 69 Cal.App.4th 1;
and Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998). These decisions need to
be studied to properly balance the rights of owners of adult businesses with the
limitations on those businesses.
K. Operating standards are a legitimate and reasonable means of ensuring
that adult businesses are conducted in a manner so as to minimize their adverse
secondary effects and to help assure that such operators and businesses comply with
reasonable regulations related to such requirements to minimize and control problems
associated with such businesses and thereby protect the health, safety, and welfare of
City residents, protect citizens from increased crime, preserve the quality of life,
preserve property values and the character of surrounding neighborhoods and
businesses, and deter the spread of urban blight. The operating standards currently in
EXHIBIT G
LA 94838- 9658 -5731 v
place need to be reviewed in light of the legal precedents and studies cited above to
properly balance the rights of owners of adult businesses with the limitations on those
businesses.
L. The City needs to review and possibly revise its adult business licensing
procedures and operating regulations. The establishment of an adult business
regulatory licensing process, operating standards for adult businesses and performer
licensing provisions are legitimate and reasonable means of ensuring that adult
business operators have specific guidelines with respect to the manner in which they
can operate an adult business, that applications for adult business regulatory licenses
and performer licenses are handled fairly and expeditiously; and that operators of and
performers at adult businesses comply with the City's regulations so as to mitigate the
recognized adverse secondary impacts of adult businesses.
M. It may be necessary to amend the Rosemead Municipal Code in order to
determine the appropriate zoning districts and locations for potential adult businesses
and establish the permitting and operating standards for adult businesses, and establish
a licensing process for adult business performers. The public health, safety and welfare
of the City and its residents require the study of adult businesses and the enactment of
an ordinance and operating standards for adult businesses in order to:
1. Mitigate and reduce the judicially recognized potential adverse
secondary effects of adult businesses, including but not limited to crime, the
prevention of blight in neighborhoods and the increased threat of the spread of
sexually transmitted diseases;
2. Protect the quality of life and neighborhoods in the City, the City's
retail and commercial trade, and local property values, and minimize the potential
for nuisances related to the operation of adult businesses; and
3. Protect the peace, welfare and privacy of persons who own,
operate and /or patronize adult businesses.
N. Prior to making any amendments to the City's Municipal Code, it is
necessary and appropriate to retain the status quo in order to protect against the
potential adverse secondary. effects of adult businesses.
SECTION 2. IMPOSITION OF MORATORIUM The City Council orders as follows:
A. In accordance with the authority granted the City of Rosemead under
Government Code § 65858(a), and pursuant to the findings stated herein, for a period of
45 days from the date of adoption of this Ordinance:
1. No adult business may be established or operated in any zone of
the City.
fy CII Ace
LA #4838-9658-5731 v
2. No use permit, site development permit, tentative map, parcel map,
variance, grading permit, building permit, building plans, zone change, business
license or other applicable approval will be accepted, approved or issued for the
establishment or operation of an adult business.
B. As used in this Ordinance, "adult business" is defined as per Section
17.80.020 of the City's Municipal Code, and the definition in this ordinance incorporates
by reference all other terms defined in that Section.
SECTION 3. EFFECTIVE DATE AND DURATION
Pursuant to Government Code § 65858(a) this Ordinance shall take effect
immediately but shall be of no further force and effect forty -five (45) days from its date
of adoption, unless the City Council, after notice and public hearing as provided under
Government Code § 65858(a) and adoption of the findings required by Government
Code § 65858(c), subsequently extends this Ordinance.
SECTION 4. REPORT ON INTERIM MORATORIUM
Pursuant to Government Code § 65858(d), 10 days prior to the expiration or any
extension of this Interim Ordinance, the City Council will issue a written report
describing the measures taken to alleviate the conditions which led to the adoption of
this Interim Ordinance.
SECTION 5. PUBLICATION
The Mayor shall sign and the City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take effect immediately and
shall be in effect for a period of 45 days.
INTRODUCED at the special meeting of Rosemead City Council on June 30, 2009.
PASSED, APPROVED AND ADOPTED this � day of SUne 2009.
Margare Clark, Mayor
ATTEST: p
�I NI�IJ- �r..UO�
EXHIBIT G
LA #4938.9658 -5731 vi
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
EXHIBIT G
LA #4838. 9658 -5131 v1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD . )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby
certify that the foregoing Urgency Ordinance No. 878 was regularly introduced and
placed upon its first reading at a special meeting of the City Council on the30th of June,
2009. That after said Ordinance was duly adopted and passed by the following vote to
wit:
Yes:
Armenta, Clark, Low, Ly, Taylor
No:
None
Absent:
None
Abstain:
None
Ifs r C., I�a
Gloria Molled — a —
City Clerk
EXHIBIT G
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