HomeMy WebLinkAbout13 SEXUALLY ORIENTED BUSINESS 10-16-00 NO. 15
AGENDA RE 9RT
MEETING DATE: OCTOBER 16, 2000
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1231, AMENDMENT TO THE SEXUALLY ORIENTED
BUSINESSES CODE
SUMMARY:
The City Council adopted Ordinance No. 1204 in 1998 to regulate sexually oriented
businesses. Since then the Federal Court has made several revisions to the law
regulating expressive conducts that are protected by the First Amendment to the United
States Constitution. These revisions affect the City's process in investigating, issuing
and revoking sexually oriented business permits. As such, a code amendment is being
proposed to comply with recent Court decisions.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1231 (roll call vote).
BACKGROUND:
The following Ordinance No. 1231 had first reading by title only and introduction at the
October 2, 2000 City CounCil meeting:
ORDINANCE NO. 1231 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 3917, SUBSECTION (A) OF SECTION
3918 AND SUBSECTIONS (A) AND (B) OF SECTION 3924 OF THE TUSTIN CITY
CODE, RELATING TO THE INVESTIGATION., ISSUANCE, AND APPEAL OF PERMITS
FOR THE ESTABLISHMENT OF SEXUALLY ORIENTED BUSINESSES
Beverley W
Chief Depu! Cit~dClerk
cm:MEMOORD
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ORDINANCE NO. 1231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 3917,'
SUBSECTION (A) OF SECTION 3918, AND SUBSECTIONS
(A) AND (B) OF SECTION 3924, OF THE TUSTIN CITY CODE,
RELATING TO THE INVESTIGATION, ISSUANCE, AND
APPEAL OF PERMITS FOR THE ESTABLISHMENT OF
SEXUALLY ORIENTED BUSINESSES.
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Section 3917 of the Tustin City Code is amended to read:
"3917 INVESTIGATION OF PERMIT APPLICATION.
(a)
Upon receipt of a complete application for a sexually oriented
business permit and payment of the non-refundable application
fee, the Community Development Director shall stamp the
application as received and shall thereafter transmit the
application to the Tustin Police Department and any other
agencies responsible for enforcement of zoning, health, fire, and
building codes and laws. Each department or agency shall
conduct an investigation of the applicant, application, and the
proposed sexually oriented business' in accordance with its.
responsibilities under law and as set forth in this Chapter. All
investigations shall be completed within thirty (30) days of receipt
of a complete application by the Community Development
Director.
(b)
Within ten (10) business days of receipt of the completed
application, the Community Development Director shall issue a
temporary thirty (30) days permit."
SECTION2. Subsection (a) of Section 3918 of the Tustin City Code is
amended to read as follows:
"(a) The Community Development Director shall grant, grant upon
condition, or deny an application for a permit within thirty (30)
days from the date the application is deemed complete. The
applicant shall be notified by the Community Development
Director of such grant, conditional grant or denial of the
application and shall state the reasons for a denial. A permit may
be conditionally granted only when the City has not timely
received fingerprint information to verify that the applicant has not
been convicted of specified criminal acts within the timeframes
described in subsection (c)(1)(i). Such conditional grant shall not
constitute a vested right to operate under this permit.
If the Community Development Director neither grants nor denies
the application within thirty (30) days after the complete
application is stamped received (except as proVided in Section
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Ordinance No. 1231
Page 2
3916 (h)), the ap. lL31ication shall be deemed to be approved as of
the thirty-first (31~') day'and the applicant may begin operating the
sexually oriented business for which the permit was sought,
subject to compliance with the development and performance
standards and requirements of Section 3912 of this Code."
SECTION 3. Subsection (a) of Section 3924 of the Tustin City Code is
amended to read as follows:
"(a)
After denial of an application, or denial of a renewal of an
application, or upon the issuance of a notice of suspension or a
notice of revocation of a permit by the Community Development
Director, the applicant or permittee may seek review of such
action by filing a written appeal with the City Council. An appeal
must be filed with the City Clerk within ten (10) calendar days of a
denial, suspension, or revocation of a permit. The hearing before
the City Council will be held no less than five (5) business days
from the date of the filing of the appeal or at the next regularly
scheduled meeting of the City Council. The City Council shall
issue its decision within fifteen (15) calendar days of the hearing.
The decison of the City Council shall be final. If the denial,.
suspension or revocation is affirmed on review by the City
Council, the applicant or permittee may seek expedited judicial
review of such administrative action pursuant to California Code
of Civil Procedure Section 1094.8 because the permit regulates
expressive conduct protected by the First-Amendment to the
United States Constitution. The applicant or permittee shall be
responsible for reimbursing the City for its actual costs for
transcribing, copying, or otherwise preparing the administrative
record required for court hearing."
SECTION4. Subsection (b) of Section 3924 of the Tustin City Code is
amended to read as follows'
"(b)
There shall be an automatic stay of enforcement of a permit
denial, suspension, or revocation throughout the administrative
and/or judicial appeal process."
SECTION 5. This ordinance shall become effective at' 12:00 a.m. on the 31st
day after adoption.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction,, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City
of Tustin hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses;
phrases, or portions be declared invalid or unconstitutional.
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Ordinance No. 1231
Page 3
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 2nd day of October, 2000.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, City Clerk
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