HomeMy WebLinkAbout15 ADULT ENTERTAIN 06-03-96 LAW OFFICES OF
WOODRUFF, SPRADLIN & SMARt
A PROFESSIONAL CORPORATION
MEMORANDUM
NO. 15
-,,. 6-3-9g
TO:
FROM'
DATE:
RE:
Honorable Mayor and Members of the City Council
City of Tustin
City Attorney
May 29, 1996
Proposed Adoption of Two Urgency Ordinances to Establish
Licensing and Land Use Regulations for Adult Entertainment
Booking Agencies
RECOMMENDATION:
By a four-fifths (4/5) vote, adopt two urgency ordinances establishing licensing and
land use regulations for adult entertainment booking agencies.
BACKGROUND:
The information provided in this staff report has been provided to the City Attorney's
office by staff of the Business License Division, the City's Police Department, and by private
citizens. Within the past year and one-half, at least two adult entertainment booking
agencies have commenced operations in the City of Tustin. Such businesses purport to
be typical commercial office uses, booking all sorts of entertainment. The City has been
recently contacted by another such agency about doing business in the City. Once a
business license is obtained, such agencies then may advertise in the adult sectLon of
major newspapers.
Based on repeated complaints of neighboring businesses, and residents, as well as
increased concern by the Tustin Police Department about the potential for criminal activity
associated with such booking agencies, prompt action appeared appropriate to protect the
public health, safety and welfare.
The following is based on police' reports about a booking agency currently operating
in the City.
The police began receiving complaints from adjacent businesses regarding
considerable amount of foot traffic from females who were scantly dressed. The
complaints focused around concerns associated with the possibility of prostitution business.
The residents in the area complained to the police of constant traffic to and from the
business into the early morning hours. Police surveillance of the business indicated that
Honorable Mayor and Members of the City Council
City of Tustin
May 29, 1996
Page 2
entertainers frequently gather at the agency and are driven to shows by drivers. Once the
entertainment fee is paid, the driver returns with the booking agency's share, often in the
early morning hours. Police contact with several of the entertainers and drivers affirmed
that the primary entertainment provided was adult stripping. The agency has other
locations in Orange County, and other cities provided information to the Tustin Police
Department about alleged criminal activity associated with the business.
This office and the Community Development Department have received telephone
calls from business neighbors of adult entertainment booking agencies complaining of
entertainers loitering on or about the premises, and lounging into the hallways and
restrooms. One business owner said that drugs were being taken in the restroom. The
business owner's concem was for the degraded atmosphere such activity created as well
as concerned over customers of his business being discouraged from coming to his
business.
In other cities there have been instances of violence, associated with the employees
or independent contractors of such agencies. For example, in Anaheim, a shooting
occurred at an Anaheim hotel room in a dispute over an entertainers services.
The first ordinance imposes a licensing requirement on any new or existing adult
entertainment booking agency in the City. This is intended to discourage illegal activity by
barring persons with a relevant criminal record from obtaining a license to operate in Tustin.
Through the licensing process the City will find out who is operating and working in the
business, and where in Tustin, so as to be able to better monitor and deter criminal activity.
The second ordinance is aimed at controlling the location and office operation of new adult
entertainment booking agency activity, including agencies that relocate from one pl~ce in
Tustin to another, and to require that such agencies obtain a Use Permit before beginning
operation. Both of these ordinances are proposed as urgency ordinances because of the
circumstances outlined above.
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ORDINANCE NO. 1169
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING
LICENSING REGULATIONS FOR ADULT ENTERTAINMENT
BOOKING AGENCIES
The City Council of the City of Tustin hereby ordains as
follows:
Section 1. The City Council finds, determines, and
declares as follows:
A. Booking agencies that provide for or arrange for adult
entertainment in homes, apartments, private offices, hotel rooms
and motel rooms have recently located in commercial areas of the
City of Tustin. Additional such booking agencies are seeking to
locate in Tustin.
B. Police investigation has revealed that the exotic dancers
and entertainers booked by such agencies are engaged in adult
entertainment characterized by stripping, nude and nearly nude
dancing, and other activities designed to stimulate adult sexual
interest. Such a business activity heightens the potential for
illegal acts of pimping, prostitution, drug use and drug sales, to
occur in the City. Such illegal acts have occurred in other cities
where the entertainers of such agencies perform.
C. Neighboring businesses have complained of excessive foot
traffic. Such bUsinesses also complain that entertainers loiter
about the premises and lounge in hallways and restrooms.
Neighboring residents have complained of vehicle traffic coming and
going at all hours.
D. Police investigation has revealed that the entertainers
gather at the agency, and are periodically transported by drivers
to their bookings. After' the show, the driver returns to the
booking agency to deposit the show fee due the Agency. This
activity frequently takes place at night and in the early morning
hours.
E. As evidenced, by the complaints of neighboring
businesses, residents and police investigation, adult entertainment
booking agencies are not a typical office use and are causing
negative secondary effects on nearby businesses and residences in
Tustin. Unless properly controlled, the operations of such booking
agencies are incompatible with other office and commercial uses and
residential areas. In addition, there is a reasonable basis for
concluding that criminal activity will increase in the City, unless
the owners, managers, and employees of such booking agencies are
scrutinized for past relevant criminal conviCtions and are required
to exercise due care in hiring and supervising employees and
independent contractors.
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Ordinance No.
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F. This ordinance is needed for the immediate preservation
of the public health, peace and safety. As evidenced by the facts
stated above, unless controls are promptly placed on the location
and operation of adult entertainment booking agency uses, the
Public health, safety and welfare will suffer. The regulations
contained in this ordinance will tend to discourage illegal
activities that may be associated with such booking agencies and
will help to insure that the premises occupied by such agencies are
compatible with similar commercial office uses.
Section 2. Part 3 is added to Chapter 7 of Article 3 of
the Tustin City Code to read as follows:
CHAPTER 7
PERSONAL SERVICES
PART 3 ADULT ENTERTAINMENT BOOKING AGENCY
3730
3731
3732
3733
3734
3735
3736
3737
3738
3739
Purpose
Definitions
Adult Entertainment Booking Agency License
Application for License
License Approval or Denial
Suspension or Revocation of License
Use Permit Required
Regulations Nonexclusive
Violation/Penalty
Public Nuisance
3730 PURPOSE
The purpose of this Part is to protect the public health,
safety and welfare by imposing licensing regulations_ for the
operation of adult entertainment booking agencies.
3731 DEFINITIONS
For the purposes of this Part, the following words and phrases
shall be construed to have the following meanings:
"Adult Entertainment" means dancing, modeling, stripping, or
other conduct which is distinguished or characterized by an
emphasis on depicting or suggesting Specified Sexual Activities or
exposing or suggesting the exposure of Specified Anatomical Areas.
"Adult Entertainment Booking Agency" means a Person, as
defined herein, who, in exchange for a fee, charge, or other form
of consideration, provides or arranges for Adult Entertainment,
whether by employee, independent contractor, or other arrangement.
"Establish" means any of the following: (a) to open or
commence an Adult Entertainment Booking Agency, as a new business;
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Ordinance No ~169
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(b) to add Adult Entertainment Booking Agency services to an
existing business; or (c) to relocate any Adult Entertainment
Booking Agency.
"Person" means any individual, firm, corporation, partnership,
association, or any other form of business organization.
"Specified Anatomical Areas" means and 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 discernibly turgid state,
even if completely and opaquely covered.
"Specified Sexual Activities" means and includes any of the
following:
(a) The fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or female breasts, whether
of self or another;
(b) Sex acts, actual or simulated, including intercourse,
oral copulation or sodomy;
(c) Masturbation, actual or simulated;
(d) Excretory functions as part of or in connection with any
of the activities described in subdivisions (a) through
(c) of this subsection; or
(e) Striptease, or the removal of clothing, or the wearing of
transparent or diaphanous clothing, including models
dressed only in lingerie to the point where Specified
Anatomical Areas are exposed.
"Transfer of Ownership or Control" means and include any of
the following;
(a) The sale, lease or sublease of the business; or
(b) The transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange or
similar means; or
(c) The establishment of a trust, gift or other similar legal
device which transfers ownership or control of the
business, including the transfer by bequest or other
operation of law upon the death of a person possessing
the ownership or control.
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Ordinance No. 1169
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3732 ADULT ENTERTAINMENT BOOKING AGENCY LICENSE
No person shall establish or continue to operate an existing
Adult Entertainment Booking Agency in the City without having
obtained an Adult Entertainment Booking Agency License. Owners or
operators of an existing Adult Entertainment Booking Agency located
in the City shall promptly apply for a license not later than
twenty (20) days from the effective date of this ordinance. Such
license shall not be valid unless a City business license is also
obtained and/or maintained.
When a person proposes to establish such agency, such license
is a prerequisite to obtaining a Use Permit, described in Section
3736, and a City business license.
Such license shall not be sold, transferred, or assigned by
any license holder, or by operation of law, to any other person.
Any transfer of ownership or control, or assignment of the
business, shall be deemed to constitute the voluntary surrender of
such license, and such license shall be thereafter null and void.
An Adult Entertainment Booking Agency License shall be valid only
for the exact location specified in the license, and shall be valid
for one (1) year, unless revoked, suspended or deemed surrendered,
as described above, or deemed suspended as provided in Section
3736. Such licenses must be renewed on an annual basis.
3733 APPLICATION FOR LICENSE.
Applicants for an Adult Entertainment Booking Agency License
shall complete and file signed, verified applications or renewal
applications on forms provided by the Community Development
Department. Such application or renewal application shall contain:
(a) The full name 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.
(b) The street address of the Applicant's principal place of
business, where business records are maintained, and the
telephone number. Post Office box numbers and mailbox
numbers are not accepted.
(c) The proposed business address in Tustin.
(d) The names, residence addresses, and true and correct
copies of the drivers licenses of all persons who will
manage or supervise the operation of the business.
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Ordinance NOo ~°9
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(e) The names, residence addresses, and true and correct
copies of the drivers' licenses' of all employees.
(f) A detailed description of the operations of the Adult
Entertainment Booking Agency, including the number of
persons engaged or that are estimated to be engaged in
providing the entertainment services, whether they are
independent contractors or employees, and a description
of the types of locations being served in Tustin.
Hours of operation.
(h) A renewal application shall also indicate any changes in
ownership, management or operation, or employees since
the filing of the initial application. All addresses and
drivers license information shall be updated.
(i) The licensing and permit history of the Applicant in
other jurisdictions, including: the dates and types of
licenses or permits issued; whether the Applicant has had
a previous license under this Part or under similar
ordinances from another city or county denied suspended
or revoked including the name and location of the Adult
Entertainment Booking Agency for which the permit was
denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the
Applicant has been a partner in a partnership or an
officer, director or principal stockholder of a
corporation that has been licensed under this Part whose
license has previously been denied, suspended or revoked,
including the name and location of the business for which
the permit was denied, suspended or revoked, as well as
the date of denial, suspension or revocation.
(j) Whether the Applicant, any of its managers, supervisors,
employees or independent contractors has been convicted,
(including a plea of guilty or "nolo contendre") within
the five (5) years immediately preceding the application
of any offense classified by the State of California as
an offense involving sexual crimes against children,
sexual abuse, rape, kidnapping, distribution of obscene
material or material harmful to minors, prostitution or
pandering, including, but not necessarily limited to, the
violation of any crime requiring registration under
California Penal Code Section 290, or any violation.of
Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a
through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316, or 647, or any
offense outside the State of California that would
constitute any of the above-described offenses if
committed within the State of California.
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Ordinance No.
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(k) Whether the Applicant, any of its agents, managers,
supervisors, employees or independent contractors have
been convicted (including a plea of guilty or "nolo
contendre") within the five (5) years immediately
preceding the application of any offense involving the
sale of a controlled substance specified~in Health and
Safety Code Sections 11054, 11055, 11056, 11057 or 11058,
or the possession for sale and/or possession of a
controlled substance, as specified above.
(1) A complete set of fingerprints of the Applicant, its
Managers, Supervisors, employees, and independent
contractors taken by the Tustin Police Department.
(m) Such other information as deemed necessary and
appropriate by the License and Permit Board.
(n) Authorization for the City, its agents and employees to
verify the information contained in the application.
(o) A statement in writing, signed by the Applicant that, to
the best of the Applicant's knowledge and after
reasonable investigation, the information contained in
the application is true and correct.
If the Community Development Department determines that the
Applicant has not completed the Application in its entirety, or has
not provided adequate detail, the Applicant shall be notified of
the incompleteness of the application. Upon the determination by
the Community Development Department that the application is
complete, the Applicant shall pay a non-refundable license fee. The
fee for an Adult Entertainment Booking Agency License shall be as
established by Resolution of the City Council.
3734 LICENSE APPROVAL OR DENIAL
Upon payment of the non-refundable license fee, the Community
Development Department and the Police Department shall each have a
reasonable period of time to investigate the Applicant and verify
the information in the Application. Based on such investigation
each shall report to the License and Permit Board with
recommendations for approval, approval with conditions or denial.
The License and Permit Board shall have the authority in accordance
with Section 1533 of this Code, too approve, approve with
conditions, or deny the application for the license. The Board
shall deny the application if any of the following are found to
exist:
(a) That the Applicant, any of its owners, employees,
agents, partners, directors, officers, stockholders
or managers, or any of them has made a false, ~
misleading or fraudulent statement of fact in the
application for the license.
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Ordinance No. ~169
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(b) That the Applicant, manager, or any agent or
employee of the Applicant or manager has been
convicted of any offense listed in Tustin City Code
Section 3733 in the five (5) years preceding the
application. A plea of guilty or "nolo contendre"
is equivalent to a conviction. The fact that a
conviction is being appealed shall have no effect
on operation of this section.
The Board shall cause the Applicant to be notified of its
decision, its reasons and the supporting evidence, and of the
Applicant's right to appeal pursuant to Section 1536 of the Tustin
City Code.
If a person applies for a license for a particular location
within a period of twelve (12) months from the date of denial or
revocation of a license, and there has not been an intervening
change in the circumstances which could reasonably be expected to
lead to a different decision regarding the former reasons for
denial, the application shall be denied.
3735 SUSPENSION OR REVOCATION OF LICENSE
In accordance with Tustin City Code Section 1534, the License
and Permit Board may suspend or revoke an existing Adult
Entertainment Booking Agency License. The decision of the Board
may be appealed in accordance with Tustin City Code Section 1536.
3736 VALID USE PERMIT REQUIRED
No person shall establish an Adult Entertainment Booking
Agency without having obtained a Use Permit pursuant to Article 9
of this Code. An Adult Entertainment Booking Agency license shall
be automatically suspended upon the revocation or suspension of a
Use Permit.
3737 REGULATIONS NONEXCLUSIVE
The regulations set forth in this Part are not intended to be
exclusive and compliance therewith shall not excuse noncompliance
with any other regulations pertaining to the operation of Adult
Entertainment Booking Agencies as adopted by the City Council of
the City.
3738 VIOLATION/PENALTY
Any person violating or causing the violation of any of the
provisions of this Part shall be guilty of a misdemeanor, and any
conviction thereof shall be punishable in accordance with state
law. Any violation of the provisions of this Part shall constitute
a separate offense for each and every day during which such
violation is committed or continued.
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Ordinance No. 1169
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3739 PUBLIC NUISANCE
In addition to the criminal penalty set forth in Section 3738
above, any Adult Entertainment Booking Agency which is operating in
violation of this Part or any provision thereof is hereby declared
to constitute a public nuisance and, as such, may be abated or
enjoined from further such operation in accordance with the Tustin
City Code and/or state law.
Section 3. 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 ~his
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.
Section 4. The City Council hereby approves and adopts
this Ordinance by the required four-fifths (4/5) vote as an urgency
ordinance pursuant to Government Code Section 36937 for the
preservation of the public peace, health and safety based on the
facts and findings stated in Section 1.
PASSED AND ADOPTED by a four-fifths (4/5) vote of the City
Council at a regular meeting of the City Council for the City of
Tustin on this 3rd day of 3une , 1996.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER, City Clerk
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! ORDINANCE NO. 1170
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AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING
INTERIM LAND USE REGULATIONS FOR ADULT
ENTERTAINMENT BOOKING AGENCIES
The City Council of the City of Tustin hereby ordains as
follows:
Section 1. The City Council finds, determines, and
declares pursuant to Government Code Section 65858 as follows:
A. Booking agencies that provide for or arrange for adult
entertainment in homes, apartments, private offices, hotel rooms
and motel rooms have recently located in commercial areas of the
City of Tustin. Additional such booking agencies are seeking to
locate in Tustin.
B. Police investigation has revealed that the exotic dancers
and entertainers booked by such agencies are engaged in adult
entertainment characterized by stripping, nude and nearly nude
dancing, and other activities designed to stimulate adult sexual
interest. Such a business activity heightens the potential for
illegal acts of pimping, prostitution, drug use and drug sales, to
occur in the City. Such illegal acts have occurred in other cities
where the entertainers of such agencies perform.
C. Neighboring businesses have complained of excessive foot
traffic. Such businesses also complain that entertainers loiter
about the premises and lounge in hallways and restrooms. Nearby
residents have complained of vehicle traffic coming and going at
all hours.
D. Police investigation has revealed that the entertainers
gather at the agency, and are periodically transported by drivers
to their bookings. After the show, the driver returns to the
booking agency to deposit the show fee due the Agency. This
activity frequently takes place at night and in the early morning
hours.
E. As evidenced by the complaints of neighboring businesses,
residents, and police investigation, adult entertainment booking
agencies are not a typical office use and are causing negative
secondary effects on nearby businesses and residences in Tustin.
Unless properly located and controlled, the operations of such
booking agencies are incompatible with other office and commercial
uses.
F. The Community Development Department is currently
reviewing and preparing a revised Zoning Code that will address
such uses, among other items, but in the interim this ordinance is
needed for the immediate preservation of the public health, peace
and safety. As evidenced by the facts stated above, unless land
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Ordinance No. 1170
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use controls are promptly placed on the establishment of adult
entertainment booking agency uses, the public health, safety and
welfare will suffer. The regulations contained in this ordinance,
which require such uses to obtain a Use Permit, will help to insure
that the premises occupied by such agencies are compatible with
other commercial office uses.
Section 2. Part 3 of Chapter 2 of Article 9 of the Tustin
City Code is amended as specified below.
Section 9231 d. Add as follows:
2. Adult Entertainment Booking Agency, as defined in
Section 3731 of this Code.
Section 9232 b. Add as follows:
(x) Adult Entertainment Booking Agency, as defined in
Section 3731 of this Code.
Section 9233 c. Add as follows:
(dd) Adult Entertainment Booking Agency, as defined in
Section 3731 of ~his Code.
Section 9234 c. Add as follows:
(12) Adult Entertainment Booking Agency, as defined in
Section 3731 of this Code.
Section 9235 c. Add as follows:
(gg) Adult Entertainment Booking Agency, as defined in
Section 3731 of this Code.
Section 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason b_eld 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.
Section 4. The City Council hereby approves and adopts
this Ordinance by the required four-fifths (4/5) vote as an urgency
ordinance pursuant to Government Code Section 36937 for the
preservation of the public peace, health and safety based on the
facts and findings stated in Section 1.
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Ordinance No. ~./0'
Page 3
PASSED AND ADOPTED by a four-fifths (4/5) vote of the City
Council at a regular meeting of the City Council for the City of
Tustin on this 3rd day of June , 1996.
TRACY WILLS WORLEYi Mayor
PAMELA STOKER, City Clerk