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HomeMy WebLinkAbout94-05 Urgency - Licensing and Regulation of Sexually Oriented BusinessesORDINANCE NO. 94-5 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING A MORATORIUM ON SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY OF COSTA MESA AND LIMITING THEM TO SPECIFIED ZONING DISTRICTS; PROVIDING FOR LICENSING AND REGULATION OF SEXUALLY ORIENTED BUSINESSES; AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1.. The City -Council of the City of Costa Mesa does hereby find, determine and declare that: A. Pursuant to California Government Code Section 65858, the City Council ,finds and determines that a current and immediate threat to the'public health, peace, safety and general welfare exists which necessitates the immediate enactment of this ordinance for the immediate preservation of the public health, peace, safety and general welfare based upon the facts set forth in this ordinance and the facts presented to the Council. B. The City of Costa Mesa is'currently in the process of studying and preparing a comprehensive zoning ordinance regulating the criteria-under.which sexually oriented businesses shall operate within the City. The purpose of this ordinance is to provide the City of Costa -Mesa with interim zoning controls over sexually oriented businesses until such time as the City adopts a permanent zoning ordinance governing sexually oriented businesses, by prohibiting ,the establishment o1: sexually oriented business generally, and by providing exceptions for specific zones within the City wherein sexually oriented businesses shall be permitted pursuant to adopted regulations while the City develops and implements permanent zoning controls for sexually oriented businesses. C. The City Council finds and determines that uses regulated or prohibited by this ordinance may be in conflict with the general plan -and with a zoning proposal for the location of sexually oriented businesses which the City Council intends to study and consider. D. Itis the purpose and intent of this interim ordinance to provide for the reasonable and uniform interim regulation of sexually oriented businesses in the City of Costa Mesa. It is recognized that sexually oriented businesses have a serious -deleterious effect upon adjacent areas, as well as the areas in which they are located. It is.therefore the -purpose of this ordinance to establish interim criteria and standards for the establishment and conduct of sexually oriented businesses. which will protect the public health,. safety, and welfare, preserve locally recognized values.of community appearance, minimize the potential for nuisances related to the operation of sexually oriented businesses, and maintain local property values during such times as the City of Costa Mesa develops' permanent zoning controls over sexually oriented businesses. E. Uses 'prohibited by this interim ordinance will affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Costa Mesa. F. It is the purpose and intent of this interim ordinance to establish proper interim regulations and to provide for a reasonable number of appropriately located sites for sexually oriented businesses -within the City of Costa Mesa, based upon the following findings: (1) The City Council in adopting this interim ordinance takes legislative notice of the existence and content of the following studies that substantiate the adverse, secondary effects of sexually oriented businesses: Austin, Texas 1986 Indianapolis, Indiana 1984 Los Angeles, California 1977 Minneapolis, Minnesota 1980 Phoenix, Arizona 1979 Mission Viejo, California 1992 Renton, Washington 1984 Seattle, Washington 1989 San Diego, California 1987 St. Paul, Minnesota 1989 Garden Grove, California 1991 Upland, California 1992 (2) Based on,the foregoing studies and the other evidence presented, the City of Costa Mesa finds that: (a) Sexually oriented businesses are linked to increases in the crime rates .of those areas in which they are located and that surround them; and 2 (b) Both the. proximity of sexually oriented businesses to sensitive land uses and the concentration of sexually oriented businesses.tend to result'in the blighting and downgrading of the.quality of life in areas : in which they are located. (3)The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of sexually oriented businesses adjacent to residential, recreational, religious, educational, or other sexual-ly oriented businesses can cause other businesses and residents to move elsewhere. (4) The studies conducted in various communities in other jurisdictions have demonstrated that sexually - oriented businesses are, linked to increases in the crime rates and blighting of those areas in which they are located. (5) The special regulation of sexually oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime. -rates or the blighting or ,downgrading of the areas in which they are located or surrounding areas. The needfor the special regulation is based on' the recognition that sexually oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas. (6) It is the purpose and intent of these -special regulations to prevent the= concentration of sexually oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of - the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of sexually oriented businesses is necessary. (7) The protection and preservation of the public health,, safety and welfare require that certain _distances be maintained between sexually oriented businesses and residential uses and zones, 3 churches, schools, day care centers, parks and other sexually oriented businesses. In preparation of this interim ordinance, the City of Costa Mesa has taken the location of residential, religious, educational, recreational land uses and other sexually oriented businesses into consideration and has endeavored to minimize the effect that sexually oriented businesses have upon those sensitive areas and upon the community in general. (8) The need to regulate the proximity of sexually oriented businesses to sensitive land uses such as residential, religious, educational, recreational uses and other sexually oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section. (9) The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: (a) Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and (b) The impacts of sexually oriented businesses are exacerbated when they are located near each other. When sexually oriented businesses have multiple ,uses (i.e., theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. (10) In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple sexually oriented businesses in order to mitigate the compounded concentrations as described above. 4 (11) In adopting the. regulations set out in this article, it is recognized that locating sexually oriented entertainment facilities covered by this article in the vicinity of facilities frequented by minors will cause exposure of minors to sexual material which, because of their immaturity, may adversely affect them. In: addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading - of the surrounding neighborhood and to an adverse effect on.minors. The City of Costa Mesa -is in the process of conducting studies which identify particular areas of the -City frequented by minors, and has identified areas wherein sexually oriented businesses would have a -major impact upon the residents. of the City, and has utilized such studies as the basis for locating areas of the City appropriate for the sexually oriented businesses in Commercial Zones established.by this ordinance. (12) The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on .the content of any - communicative, materials, including sexually, oriented materials, that are protected by the First Amendment of -the ;United States Constitution and the ' relevant provisionsof the California'' State Constitution. Section 2. While this ordinance is in effect and during any extensions of this ordinance, no land use entitlement, permit (including building permit), approval, site plan, certificate of,, occupancy, zoning clearance, or other land use authorization for a sexually oriented business shall be granted or permitted within the City of Costa Mesa. As an exception to the, general prohibition of sexually. -oriented businesses set forth herein, sexually oriented businesses shall be permitted within certain areas designated as Commercial Zones,, as depicted in the maps attached to this ordinance"as "Exhibit A," which consists of maps depicting such "C" zones. Any sexually oriented business proposing to locate within any Commercial Zone shall comply with the criteria set forth in Article 2 of Chapter XIII of Title 13 of the Costa Mesa Municipal Code, as amended herein. Section 3. Article 2 of Chapter XIII of Title 13 the Costa Mesa Municipal Code is hereby amended to read as follows: 5 "Article 2 ADULT BUSINESS REGULATIONS Sec. 13-860.1 Purpose and Intent. It is the purpose of this chapter to regulate sexually oriented adult businesses to promote the health, safety and general welfare of the citizens of the City, of Costa Mesa. The provisions of this chapter have neither the purpose.nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Sec. 13-860.2 Definitions. The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:. (1) Adult Arcade. An establisliment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motions pictures, video cassettes, slides or other photographic reproductions in which a substantial portion (25% or more) of the.total presentation time is characterized by an emphasis upon the depiction,°description.or relating to "specified sexual activities" and/or "specified anatomical areas;" (2) Adult Bookstore. An establishment which has as a substantial portion (25% or more of gross floor area or display area) of -its-.stock-in-trade and offers for sale or rent for any form of consideration any one or more of the following: (a) Books, magazines,_ periodicals or other printed matter, or photographs, films, motion pictures,, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction, description or relating to "specified sexual activities" and/or "specified anatomical areas;" or (b) Instruments,. devices or paraphernalia which are designed for use in connection with "specified sexual activities." (3) Adult Business. A business which is conducted exclusively for the patronage -of adults and as to which minors are specifically excluded from patronage, either by law and/or by the operators of such business, and which is characterized by. an emphasis upon "specified sexual activities", and/or, specified anatomical areas." "Adult-. Business" also means and -includes any adult arcade, adult bookstore, adult. cabaret, adult motel, adult motion" picture theater, adult theater, escort/ dating service,_ gentlemen's club,. massage parlor, or sexual encounter establishment. (4) :Adult Cabaret. A nightclub, restaurant or similar establishment which regularly features live performances by topless, and -/or bottomless dancers, dance instructors, go-go dancers, exotic dancers, strippers, entertainers or similar performances in which a substantial portion (25% or more) of " the total presentation time is characterized by the emphasis on "specified anatomical areas" and/or by "specified sexual activities," or films, motion pictures, video -cassettes, .slides or other photographic reproductions which are characterized by an emphasis upon the -depiction, description or relating to "specified sexual activities" and/or "specified anatomical areas;" - (5.) Adult Hotel or Motel. A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons with. closed- circuit television transmissions, films,'motion"pictures, video cassettes, slides or other photographic reproductions wherein material is presented in which a substantial- portion (25% or more) of the total presentation time is characterized, by an emphasis upon the depiction,. description, or relating to "specified sexual activities"'and/or "specified anatomical areas;" (6). Adult Motion Picture, Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (25% or more) of the total presentation time is devoted to the showing of material which is characterized by, .an- emphasis upon the depiction, description or relating 'to "specified sexual activities" and/or "specified anatomical areas;" (7) Adult Theater. A theater, concert hall, auditor-ium or similar" establishment which, for -any form of consideration, regularly features live performances in which a substantial portion (25% or more) of the total presentation time is characterized by the emphasis upon the depiction, description,_ or ,relating to and/or exposure- of "specified sexual activities" and/or "specified",anatomical areas;" (8) Employee. A person who works or performs in an adult business regardless of whether or not'said person 7 is paid a salary, -wage or other compensation by said business; (9) Escort/Dating/Model Service. 'A person or business entity which, for any form of'.consideration, furnishes, offers to furnish, or advertises to furnish a model or models, escort or escorts as one of its primary business purposes, where the model or escort receives any form of consideration to display "specified anatomical areas and/or perform or depict,"specified sexual activities.-" (10) Establishment of an Adult $4siness.. Includes any of the following: (a) The opening or commencement of any such business as a new business; (b) The conversion of an .existing business, whether, or not an adult entertainment business, to any of the adult entertainment businesses defined herein; (c) The addition. of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or (d) The relocation of any such business. (1.1) Gentlemen's Club. A business which.is conducted exclusively for the .patronage of adults and as to which minors are specifically excluded from patronage, either by law -and/or by the operators of such businesses, and features entertainment in which a substantial portion (25% or more) of the total -presentation time is characterized by an emphasis upon depicting, describing or, relating to "specified sexual activities" and/or "specified anatomical areas." (12) Massage Parlor. An establishment where, for any form of consideration, massage, alcohol rub,.fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is. administered unless such treatment" or manipulation is administered by a medical practitioner, chiropractor, physical therapist or similar professional person licensed by the State. (13) Public Park. A park, playground, swimming pool, beach, pier., reservoir, golf course, athletic field, or similar recreational facility within the City and/or adjacent cities and County which:is.under the control, 8 operation or management of the City, adjacent cities and County or the State; (14) Religious Institution. A structure -.which is used primarily for religious worship. and related religious activities within the City"and/or adjacent cities and County; (15) Residential Use. Any lot located within the R1, R2, R3, PDR -LD, PDR -MD, PDR -HD and PDR -NCM Zones of the City and similar residential uses in adjacent cities 'and County; (16) School. Any child care facility, or an institution of learning for minors, whether public or private, 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, middle school, junior high school, senior high school or any special institution of education within the City and/or within adjacent cities and County, but it`does not .'include a vocational' or professional institution of higher education, including a community or junior college, college or university. (17) Sexual Encounter Establishment. An establishment, other than, a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" and/or the exposure of "Specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person. licensed by the State engages in sexual therapy.; (18) -Specified Anatomical Area.s. Includes any of the following: (a) Less than completely and opaquely covered human genitals, pubic region,buttocks, anus, or female breasts below a point immediately above the top of the areola; or (b) Human male genitals in a discernably turgid state, even if completely and opaquely covered.. (19) Specified Sexual Activities. following: 9 Includes any of the (a) The fondling -or other erotic touching of human genitals, -pubic region, buttocks, anus, or female.breasts; (b) -Sex acts, actual or simulated, including intercourse, oral - copulation, anal intercourse, oral/anal copulation, bestiality, flagellation or torture in the, context of. a sexual relationship, and any of the following depicted sexually oriented acts or. conduct: anilingus,cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; (c) Masturbation of human or animal, actual or simulated; (d) Clearly depicted 'specified anatomical areas in a state of sexual arousal, stimulation or tumescence; (e) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation. (f) Excretory functions, urination, menstruation, vaginal or anal irrigation I as part of 'or in connection with any of 'the activities described in subdivisions a. through e. of this subsection; (19) Substantial- Enlargement. The increase in floor area occupied by the business, by more than 10%, as the floor area exists on'the effective date of this chapter. (20) Transfer of Ownership or Control of. a. Adult Business. Includes any of the following: (a) The sale, lease or sublease of the business; (b) The transfer of securities which constitute a. controlling interest in the business, whether by sale, exchange or similar .means; (c) The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest, or other operation of law upon the death of a person possessing the ownership-or`control. 10 Sec. 13-860.3 'Establishment of Adult Business. The establishment of an adult business shall be permitted only in the CL, C1, C2 or Cl -S Commercial Zones and shall be subject to the following -regulations. (I-) No adult business shall be permitted in any. area of any commercial zone if the, underlying Planning Area shown in the General Plan .wherein such adult business .is proposed already harbors three (3) other adult businesses. (2) Each such adult business must, prior to commencement or continuation of -such business, first apply for and receive from the Planning Commission a conditional use permit pursuant to this chapter. (3) .Each such adult business must, prior to commencement or continuation of such business, first apply for and ,receive an adult business license. (4) The Planning Commission, or the City Council upon appeal, shall issue such conditional.use permit if that body finds, that the proposed facility or use complies with the regulations specified in this chapter, and complies with all'of the following. restrictions: (.a) Not within five hundred (500) feet of any area zoned for residential use; (b) Not within one thousand (1,000) feet of any other adult business, and (c) Not within one thousiind (1,000) .feet of any school, public park, playground, public building, or religious institution, or any establishment likely to be used by minors. (d) Not within any redevelopment area. (5) Each such facility must comply with all applicable regulations of other zoning use designations in this Code. Sec. 13-860.4 Measurement of Distance. Distance between any two adult businesses shall be measured in a straight line, without' regard to the boundaries of the,. City and to intervening structures, from the closest property line of the`lot of each business. The distance between any adult business and any religious institution, school,. public park, public building, residential use or any establishment likely to be used by minors shall also be measured in a straight line, without regard to intervening structures or objects'from,the nearest portion of the property line of the lot where adult business is conducted, to the nearest property -line of the premises of .a religious institution, or the nearest boundary of 11 an affected public park,:_ residential use, or any establishment likely to be used by minors. Sec. 13-860.5 Misdemeanor Offenses. In addition to all other offenses specified in this Code, County ordinances and State statutes, an adult business shall be subject to the following restriction: (1) It shall be unlawful, and a misdemeanor, to establish or operate an adult business within the. City of Costa Mesa without first complying with this chapter; (2) A person commits a misdemeanor, if he or she operates or causes to be operated an adult business outside of the commercial- zones specified in tttiis chapter; (3) A person commits a misdemeanor if he or she operates or causes to be.operated an adult business within one thousand (1,000) feet of any religious institution, school, public park,. public building, or any establishment likely to be used by minors or within five hundred (500) feet of any area zoned for residential use.' (4) A person commits a misdemeanor if he or she operates or causes to be operated an adult business within 1,000.feet of another adult business. (5) A -person commits a misdemeanor if he .or she causes or permits the operation, establishment, or maintenance of more than one adult business within the same building, structure, or portion thereof, or causes the increase of floor areas of any adult business in any building, structure -or portion thereof containing another adult business. (6) It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated: (a) by a proprietary -school, licensed by -the State of California; a college, junior college; or .university supported entirely or partly by taxation; (b). by a private college or university which maintains and operates educational. programs in which credits are transferable to a college, junior college, .or university- supported entirely or partly.by taxation; or. (c) in a structure: 12 (i). which has no sign visible from the exterior of the structure and, no other advertising that indicates a nude person is available for viewing; and (ii) where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and (iii) where no more than one nude model is on the premises at any one time. Sec. 13-861.1. Requirements For Conditional Use Permit. In addition to the base zoning requirements governing conditional use permits, the following additional requirements shall be satisfied by adult businesses.. Such additional requirements shall be included in any approved conditional use permit. .. (1) Maximum -occupancy load, fire exits, aisles and fire equipment shall, be regulated, designed and provided in accordance with -the .Fire Department and -building regulations and. standards adopted by the City of Costa Mesa. ,(2) No adult business shall be operated in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" and/or "specified,anatomical areas" from any public way or from .any location outside the building or area. of such establishment -.,.This provision shall apply to any display, decoration, sign, show window or other opening.. (3) Lighting in Parking Lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of. store patrons and reducing the incidents .of vandalism and theft. Said lighting shall be -shown on the required plot plans and shall be reviewed and approved by the Department of Development Services. (4) Amplified Sound.- No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level discernible by the public. beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Costa Mesa. 13 (5) The building entrance to an adult business shall be clearly and -legibly posted with a notice indicating that . minors are precluded from entering the premises. Said notices- shall be constructed and posted to the satisfaction of the Director of Development Services. (6) Adult,Arcades. (a) It is unlawful to maintain, operate or manage or to permit to be maintained, operated, or managed any adult arcade in which the 'viewing. areas are not visible from a continuous main.aisle or are obscured by a curtain, door,- wall, or other enclosure. For purposes of this subsection, "viewing area" means the area where.a patron or customer would ordinarily be positioned while watching the.performance, picture, show,, or film, (b) It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or -booth. (c) It is unlawful to create, maintain or permit to be maintained any .holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booths or individual viewing areas. (7) Signs.. All on-site signage shall conform to the relevant provisions of the Costa. Mesa Municipal Code regarding ,signs. All adult materials - and. activities shall be concealed from view from any. public right-of- way, parking lot or neighboring property. (8) Sale/Serving of Alcohol.. Itis unlawful to sell, serve or permit the consumption.of alcohol in a structure occupied by an adult business. (9) Age .Restrictions. It. is unlawful to permit patrons.or employees,under the age of eighteen (18) years in a structure - occupied by an adult business, including. -adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters,, adult theaters, escort/dating services, - massage parlors or sexual encounter establishments. (10) Time of. Operation. No adult business shall be open or operating during the hours from 10:0.0 p.m. to 8:00 a. m. 14 Sec. 13-861.2 Time Limits for Action on Conditional Use Permit. An application for a conditional use permit shall be approved or denied by the Planning Commission within forty-five (45) days of its being filed with the Development Services Department. Such time period shall commence upon acceptance of a complete application by the Department.. Any proceeding to appeal such decision to the City Council shall be filed with the City Clerk within seven (7) days of such decision. An appeal shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Costa Mesa Municipal Code, California Code of Civil Procedure 1094.5 and applicable State law. Sec. 13-861.3 Application.Process. (1) Application for conditional use permits under this article shall be made on forms provided by the Development Services Department. Information provided shall include the names and current places of residence of all owners of the property on which the adult business is to be located, all owners of the adult business, and any managers of the adult business who will be responsible for the adult business during the absence of the owners. (2). The Planning Commission decision on an application shall be subject to an appeal to City Council pursuant to procedures as outlined in Title 2. (3) Notices of the hearing for applications for variances or conditional use permits under the provisions of this article shall be mailed to all owners of property within a radius of one thousand (1,000) feet of the external boundaries of the property described in said application not less than ten (10)days prior to the hearing. Sec. 13-861.4 Suspension and T'levocation of Conditional Use Permit. The Planning Commission may suspend or revoke any conditional use permit if it is found that. any of the following conditions exist in addition to the criteria set forth in this ordinance. (1) The operation conducted by the permittee does not comply with all applicable laws, including but not limited to, the City!s building, health, zoning and fire ,ordinances and this chapter; (2) That the approved use has been substantially enlarged without City approval; that the approved use has been partially or wholly converted - to another adult business without City approval; that the conditional use 15 permit has not been utilized within six months of its issuance; or (3) The adult business license has been suspended or revoked. Sec. 13-862.1 Adult.Business License Required.- An applicant. for the operation of an adult business must obtain an adult business license-. in addition to a conditional use permit. Such adult business license shall be non -transferable and must be renewed on an annual basis on the anniversary date of the original application. The license "obtained is non -transferable and a new license must ,be obtained if the business is. leased, sold or otherwise transferred for any reason.- (1) eason. (1) Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by,the City Police Department. Such application shall contain: (a) The name and permanrsnt address of the applicant. - (b) The name and business. address of the applicant. If the applicant is a corporation; the name shall be exactly as set forth in its Articles of Incorporation and the 'applicant shall show the name.and residence address of each of the officers, -directors- and each stockholder owning no less than twenty-five percent ' (25%) of the stock of the corporation. If the applicant �is a partnership, the application. shall` show the name and residence address of each of the members, including limited partners; (c) A detailed description of the manner of providing proposed entertainment, including types of entertainment and the number of� persons engaged in the entertainment; (d) Hours of operation; (e) A location, address and, floor plan showing where the specific entertainment uses are proposed to; be`'conducted within the building; (f) The name or names of the person or persons having the management" or supervision of applicant's business and of any entertainment; 16 (g) A statement of the nature and -character of applicant's business, if any, to be carried on in conjunction with such entertainment; and (h) For a renewal application, applicant in addition shall.indicate any changes since the filing of the initial application. (2)' All applications for a license or renewal shall be filed with the City Police Department. Each application shall be accompanied by a non-refundable fee for filing or.renewal in an amount determined by resolution of'the City Council, which fees, will be used to defray the costs of.. -investigation, inspection, and processing of such application. Such fee shall not exceed the reasonable cost of investigation, inspection and processing of such _application. (3) After. an investigation, -the Police Chief shall approve the issuance of -a license or renewal unless he finds one or more of the following to be true: (a) That the building, structure, equipment and location used by the business for which a license is required herein does not comply with, the requirements and standards- of ,the health, - zoning, fire and safety laws of the State of California and the City of Costa Mesa. (b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement -of material fact in - the application for a license or in any report or record required to be filed with the Police Department, Sheriff,_ or other department of the City. (c) That the applicant has had any type of adult busines's license revoked by any public entity within two (2) years of the date of the application; (d) That on the date that the business for which 'a license is required herein commences, and' thereafter, there will be no. responsible adult on the premises to act as manager at all times during -which the business"is open; 17 (e) That a conditional use permit has been denied, suspended or revoked for the proposed use; or (f) That an applicant is under eighteen (18) years of age. (g) That an applicant, manager, or any agent or employee of the applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the operation of an adult business or any sex- related crime prior' to the filing of the application. Sec. 13-862.2 Decision of Police Chief. The decision of the Police Chief regarding a license application shall be issued within forty-five (45) days of the date of the filing of a complete application unless the Police Chief has set the matter for hearing before the City Council. Such hearing before City Council must be held and a decision rendered within sixty (60) days from the date of filing of a complete application, unless the matter is continued at the request of the applicant. Any decision of the Police Chief may be appealed to the City Council within seven (7) days of the decision. Any appeal shall be schedule for a hearing before the City Council within thirty (30) days of its filing and follow procedures in Title 2. Sec. 13-862.3 Inspection. An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments or agencies, to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business. Sec. 13-862.4 Suspension or Revocation of License. After an investigation, notice and hearing, the Police Chief shall suspend or revoke an existing adult business license, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: (1) The building, structure, equipment and location used by the business fails to comply with the requirements or fails to meet the standards of the health, zoning, fire and safety laws of the State of California or of the ordinances of the City of Costa Mesa; 18 (2) The licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required tobe filed with the Police, Sheriff or .other department of the City; (3)- The licensee has had any type of adult business license revoked by any public entity within two (2) years of the date the license was issued; (4) There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; (5) That the licensee, manager or any agent or employee of the licensee or manager has been convicted in.a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of the subject adult business or any sex related crime after the date of issuance of the adult business license for said business; (6) That an adult business has- been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation or other lewd acts occur or have occurred; (7) That the subject adult business has employed minors; (8) That the licensee, his or her employee, agent, partner, director, officer, stockholder or manager has violated any provision of this ordinance; or (9) That the conditional use permit for the use has been suspended or revoked. Sec. 13-862.5 Non -Transferability of Adult Business License. A licensee shall not transfer an adult business license to another, nor shall a licensee operate an adult business under the authority of a license at any place other than the address designated in the application. Any adult business license which is transferred to another person or to another location shall immediately become null and void. Sec. 13-863.1 Regulations Non -Exclusive. The regulations set forth in this chapter are :not intended .to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation. of adult businesses as adopted by the City Council of the City of Costa Mesa. Sec. 13-863.2 Violations/Penalties. -Any firm, corporation or person, whether as principal, agent,. employee or otherwise, 19 violating or causing the violation of any of the provision of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. Sec. 13-864.4 Public Nuisance. In addition to the penalties set forth above, any adult business w itch is operating in violation of this chapter or any provision-ttlereof is hereby declared to constitute. a public nuisance and, as such, may be abated -or enjoined from further operation. Sec. 13-865 Other Regulations. (1) The regulations in this chapter shall apply in all districts in addition to the regulations specified in this Title provided, however, that if any of the regulations specified in this chapter differ from any of the corresponding regulations specified in this Title for any district, then in such case the provisions of this chapter shall govern. (2) Any adult business lawfully operating on February 22,. 1994, that is in violation of this chapter, shall be deemed a non- conforming use. A non -conforming use will be permitted to continue for a period of one year, with a possible one year extension, for a total time period not to 'exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a.period of thirty (30) days or .more. An application for a one year extension for extenuating circumstances may be granted by City Council only upon a convincing showing of extreme financial hardship by'the adult business. Such non -conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more adult businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the adult business which was first established and has continually operated at the particular location is the conforming use and the later established business(es) is non -conforming. (3 ) Any adult business lawfully operating as a conforming use is not rendered a non -conforming -use by the location, subsequent to the grant or renewal of an adult business permit and/or license, of a public park, religious institution, school, or any establishment likely to be used by minors within 1,000 feet and/or residential use within five hundred (500) feet of the adult business. This provision applies only to the renewal of a valid permit and/or license and doe's -not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked. 20 Sec. 13-866 Conflicting Ordinances Repealed. All ordinances or parts of ordinances, or regulations in conflict with the provisions of this ordinance are hereby repealed. Sec. 13-867 Severability. If any provision or clause of this article or the application thereof to any Person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this article which can be implemented without the invalid provision;'clause or application; and to this end, the provisions of this article are declared to be severable." Section 4. The term of this ordinance establishing a moratorium on Adult .Businesses within the City of Costa Mesa and providing exceptions thereof as amended herein may be extended pursuant to the provisions of Government Code § 65858. Section 5. This ordinance is hereby declared to be an urgency measure= pursuant to Government Code § 65858 and the ordinance shall take effect immediately upon its adoption. Section 6. If any section, subsection, sentence, clause or word of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, sui;h decisions shall not affect the validity of the remaining portions of this ordinance. The City Council of. the City of Costa Mesa hereby declares that it would have passed and adopted this ordinance, and each and all provisions thereof, irrespective of'the fact that any one or more of said provisions may be declared to be invalid. Section 7. Publication. This Ordinance shall take effect and be in full force immediately from.and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage, shall be published once in a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against same. PASSED AND ADOPTED this 22nd day of February, 1994. ATTEST: Deputy y Clerk of the City of osta Mesa 21 Mayor of the City or Cost& Mesa APPROVED AS TO FORM: ty Attorney i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I,. MARY T. ELLIOTT, Deputy, City Clerk and ex -officio clerk of the City- Council of the City of Costa Mesa, hereby certify that the .above and. foregoing OrdinanceNo. 94-5 -was introduced and considered -section by section at a regular meeting of said City Council held on the 22nd day of. February,-, 1994, and thereafter, passed and adopted as a whole at a regular meeting of said City Council held on the 22nd day of February, 1994,. by the following` roll call vote: AYES: -COUNCIL MEMBERS: -Genis, Hornbuckle, Humphrey, Buffa and Erickson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF,-I.have-hereunto set my hand and affixed the Seal of the City of Costa Mesa this 23rd day of February, 1994. Deputy C' y Clerk and ex -officio - - _ Clerk of the City Council of the City of Costa Mesa 22