HomeMy WebLinkAboutORD 1169 (1996) ORDINANCE NO. 1169
2
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
3 THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING
LICENSING REGULATIONS FOR ADULT ENTERTAINMENT
4 BOOKING AGENCIES
The City Council of the City of Tustin hereby ordains as
6 follows:
7 Section 1. The City Council finds, determines, and
declares as follows:
A. Booking agencies that provide for or arrange for adult
9 entertainment in homes, apartments, private offices, hotel rooms
and motel rooms have recently located in commercial areas of the
10 City of Tustin. Additional such booking agencies are seeking to
locate in Tustin.
11
B. Police investigation has revealed that the exotic dancers
12 and entertainers booked by such agencies are engaged in adult
entertainment characterized by stripping, nude and nearly nude
13 dancing, and other activities designed to stimulate adult sexual
interest. Such a business activity heightens the potential for
]4 illegal acts of pimping, prostitution, drug use and drug sales, to
occur in the City. Such illegal acts have occurred in other cities
]5 where the entertainers of such agencies perform.
16 C. Neighboring businesses have complained of excessive foot
traffic. Such businesses also complain that entertainers loiter
17 about the premises and lounge in hallways and restrooms.
Neighboring residents have complained of vehicle traffic coming and
Is going at all hours.
19 D. Police investigation has revealed that the entertainers
gather at the agency, and are periodically transported by drivers
20 to their bookings. After the show, the driver returns to the
booking agency to deposit the show fee due the Agency. This
2] activity frequently takes place at night and in the early morning
hours.
22
E. As evidenced, by the complaints of neighboring
23 businesses, residents and police investigation, adult entertainment
booking agencies are not a typical office use and are causing
24 negative secondary effects on nearby businesses and residences in
Tustin. Unless properly controlled, the operations of such booking
25 agencies are incompatible with other office and commercial uses and
residential areas. In addition, there is a reasonable basis for
26 concluding that criminal activity will increase in the City, unless
the owners, managers, and employees of such booking agencies are
27 scrutinized for past relevant criminal convictions and are required
to exercise due care in hiring and supervising employees and
2s independent contractors.
Ordinance No. 1169
Page 2
]
2 F. This ordinance is needed for the immediate preservation
of the public health, peace and safety. As evidenced by the facts
3 stated above, unless controls are promptly placed on the location
and operation of adult entertainment booking agency uses, the
4 public health, safety and welfare will suffer. .The regulations
contained in this ordinance will tend to discourage illegal
5 activities that may be associated with such booking agencies and
will help to insure that the premises occupiedby such agencies are
6 compatible with similar commercial office uses.
7 Section 2. Part 3 is added to Chapter 7 of Article 3 of
the Tustin City Code to read as follows:
CHAPTER 7
9
PERSONAL SERVICES
]0
PART 3 ADULT ENTERTAINMENT BOOKING AGENCY
3730 Purpose
]2 3731 Definitions
3732 Adult Entertainment Booking Agency License
]3 3733 Application for License
3734 License Approval or Denial
]4 3735 Suspension or Revocation of License
3736 Use Permit Required
]5 3737 Regulations Nonexclusive
3738 Violation/Penalty
]6 3739 Public Nuisance
]7 3730 PURPOSE
is The purpose of this Part is to protect the public health,
safety and welfare by imposing licensing regulations for the
]9 operation of adult entertainment booking agencies.
20 3731 DEFINITIONS
2] For the purposes of this Part, the following words and phrases
shall be construed to have the following meanings:
22
"Adult Entertainment" means dancing, modeling, stripping, or
23 other conduct which is distinguished or characterized by an
emphasis on depicting or suggesting Specified Sexual Activities or
24 exposing or suggesting the exposure of Specified Anatomical Areas.
25 "Adult Entertainment Booking Agency" means a Person, as
defined herein, who, in exchange for a fee, charge, or other form
26 Of consideration, provides or arranges for Adult Entertainment,
whether by employee, independent contractor, or other arrangement.
27
"Establish" means any of the following: (a) to open or
2s commence an Adult Entertainment Booking Agency, as a new business;
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Ordinance No. ~169
Page 3
2 (b) to add Adult Entertainment Booking Agency services to an
existing business; or (c) to relocate any Adult Entertainment
3 Booking Agency.
4 "Person" means any individual, firm, corporation, partnership,
association, or any other form of business organization.
"Specified Anatomical Areas" means and includes any of the
6 following:
7 (a) Less than completely and opaquely covered human
genitals, pubic region, buttocks, anus or female
s breasts below a point immediately above the top of
the areola; or
9
(b) Human male genitals in discernibly turgid state,
]0 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,
]3 pubic region, buttocks, anus or female breasts, whether
of self or another;
14
(b) Sex acts, actual or simulated, including intercourse,
15 oral copulation or sodomy;
16 (c) Masturbation, actual or simulated;
]7 (d) Excretory functions as part of or in connection with any
of the activities described in subdivisions (a) through
]8 (c) of this subsection; or
19 (e) Striptease, or the removal of clothing, or the wearing of
transparent or diaphanous clothing, including models
20 dressed only in lingerie to the point where Specified
Anatomical Areas are exposed.
21
"Transfer of Ownership or Control" means and include any of
22 the following;
23 (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
25 similar means; or
26 (c) The establishment of a trust, gift or other similar legal
device which transfers ownership or control of the
27 business, including the transfer by bequest or other
operation of law upon the death of a person possessing
28 the ownership or control.
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Ordinance No. 1169
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2 3732 ADULT ENTERTAINMENT BOOKING AGENCY LICENSE
3 No person shall establish or continue to operate an existing
Adult Entertainment Booking Agency in the City without having
4 obtained an Adult Entertainment Booking Agency License. Owners or
operators of an existing Adult Entertainment BookingAgency located
5 in the City shall promptly apply for a license not later than
twenty (20) days from the effective date of this ordinance. Such
6 license shall not be valid unless a City business license is also
obtained and/or maintained.
7
When a person proposes to establish such agency, such license
s is a prerequisite to obtaining a Use Permit, described in Section
3736, and a City business license.
9
Such license shall not be sold, transferred, or assigned by
]0 any license holder, or by operation of law, to any other person.
Any transfer of ownership or control, or assignment of the
1! business, shall be deemed to constitute the voluntary surrender of
such license, and such license shall be thereafter null and void.
]2 An Adult Entertainment Booking Agency License shall be valid only
for the exact location specified in the license, and shall be valid
]3 for one (1) year, unless revoked, suspended or deemed surrendered,
as described above, or deemed suspended as provided in Section
]4 3736. Such licenses must be renewed on an annual basis.
15 3733 APPLICATION FOR LICENSE
]6 Applicants for an Adult Entertainment Booking Agency License
shall complete and file signed, verified applications or renewal
17 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
19 corporation, the name shall be exactly as set forth in
its Articles of Incorporation and the Applicant shall
20 show the name and residence address of each of the
officers, directors and each stockholder owning no less
21 than twenty-five percent (25%) of the stock of the
corporation. If the Applicant is a partnership, the
22 application shall show the name and residence address of
each of the members, including limited partners.
23
(b) The street address of the Applicant's principal place of
24 business, where business records are maintained, and the
telephone number. Post Office box numbers and mailbox
25 numbers are not accepted.
26 (C) The proposed business address in Tustin.
27 (d) The names, residence addresses, and true and correct
copies of the drivers licenses of all persons who will
2s manage or supervise the operation of the business.
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Ordinance No. 1169
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2 (e) The names, residence addresses, and true and correct
copies of the drivers' licenses' of all employees.
3
(f) A detailed description of the operations of the Adult
4 Entertainment Booking Agency, including the number of
persons engaged or that are estimated to be engaged in
5 providing the entertainment services, whether they are
independent contractors or employees, and a description
6 of the types of locations being served in Tustin.
7 (g) Hours of operation.
s (h) A renewal application shall also indicate any changes in
ownership, management or operation, or employees since
9 the filing of the initial application. All addresses and
drivers license information shall be updated.
]0
(i) The licensing and permit history of the Applicant in
11 other jurisdictions, including: the dates and types of
licenses or permits issued; whether the Applicant has had
]2 a previous license under this Part or under similar
ordinances from another city or county denied suspended
]3 or revoked including the name and location of the Adult
Entertainment Booking Agency for which the permit was
14 denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the
15 Applicant has been a partner in a partnership or an
officer, director or principal stockholder of a
16 corporation that has been licensed under this Part whose
license has previously been denied, suspended or revoked,
17 including the name and location of the business for which
the permit was denied, suspended or revoked, as well as
18 the date of denial, suspension or revocation.
19 (j) Whether the Applicant, any of its managers, supervisors,
employees or independent contractors has been convicted,
20 (including a plea of guilty or "nolo contendre") within
the five (5) years immediately preceding the application
21 of any offense classified by the State of California as
an offense involving sexual crimes against children,
22 sexual abuse, rape, kidnapping, distribution of obscene
material or material harmful to minors, prostitution or
23 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
25 through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311
through 311.10, inclusive, 314, 315, 316, or 647, or any
26 offense outside the State of California that would
constitute any of the above-described offenses if
27 committed within the State of California.
28
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Ordinance No. 1169
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2 (k) Whether the Applicant, any of its agents, managers,
supervisors, employees or independent contractors have
3 been convicted (including a plea of guilty or "nolo
contendre") within the five (5) years immediately
4 preceding the application of any offense involving the
sale of a controlled substance specified in Health and
5 Safety Code Sections 11054, 11055, 11056, 11057 or 11058,
or the possession for sale and/or possession of a
6 controlled substance, as specified above.
7 (1) A complete set of fingerprints of the Applicant, its
Managers, Supervisors, employees, and independent
8 contractors taken by the Tustin Police Department.
9 (m) Such other information as deemed necessary and
appropriate by the License and Permit Board.
]0
(n) Authorization for the City, its agents and employees to
]] verify the information contained in the application.
]2 (o) A statement in writing, signed by the Applicant that, to
the best of the Applicant's knowledge and after
13 reasonable investigation, the information contained in
the application is true and correct.
]4
If the Community Development Department determines that the
]5 Applicant has not completed the Application in its entirety, or has
not provided adequate detail, the Applicant shall be notified of
]6 the incompleteness of the application. Upon the determination by
the Community Development Department that the application is
17 complete, the Applicant shall pay a non-refundable license fee. The
fee for an Adult Entertainment Booking Agency License shall be as
Is established by Resolution of the City Council.
19 3734 LICENSE APPROVAL OR DENIAL
20 Upon payment of the non-refundable license fee, the Community
Development Department and the Police Department shall each have a
2] reasonable period of time to investigate the Applicant and verify
the information in the Application. Based on such investigation
22 each shall report to the License and Permit Board with
recommendations for approval, approval with conditions or denial.
23 The License and Permit Board shall have the authority in accordance
with Section 1533 of this Code, too approve, approve with
24 conditions, or deny the application for the license. The Board
shall deny the application if any of the following are found to
25 exist:
26 (a) That the Applicant, any of its owners, employees,
agents, partners, directors, officers, stockholders
27 or managers, or any of them has made a false,
misleading or fraudulent statement of fact in the
2s application for the license.
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Ordinance No. 1169
Page 7
2 (b) That the Applicant, manager, or any agent or
employee of the Applicant or manager has been
3 convicted of any offense listed in Tustin City Code
Section 3733 in the five (5) years preceding the
4 application. A plea of guilty or "nolo contendre"
is equivalent to a conviction. The fact that a
5 conviction is being appealed shall have no effect
on operation of this section.
6
The Board shall cause the Applicant to be notified of its
7 decision, its reasons and the supporting evidence, and of the
Applicant's right to appeal pursuant to Section 1536 of the Tustin
s City Code.
9 If a person applies for a license for a particular location
within a period of twelve (12) months from the date of denial or
]0 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.
12
3735 SUSPENSION OR REVOCATION OF LICENSE
]3
In accordance with Tustin City Code Section 1534, the License
]4 and Permit Board may suspend or revoke an existing Adult
Entertainment Booking Agency License. The decision of the Board
]5 may be appealed in accordance with Tustin City Code Section 1536.
]6 3736 VALID USE PERMIT REQUIRED
]7 No person shall establish an Adult Entertainment Booking
Agency without having obtained a Use Permit pursuant to Article 9
ls of this Code. An Adult Entertainment Booking Agency license shall
be automatically suspended upon the revocation or suspension of a
]9 Use Permit.
20 3737 REGULATIONS NONEXCLUSIVE
2! The regulations set forth in this Part are not intended to be
exclusive and compliance therewith shall not excuse noncompliance
22 with any other regulations pertaining to the operation of Adult
Entertainment Booking Agencies as adopted by the City Council of
23 the City.
24 3738 VIOLATION/PENALTY
25 Any person violating or causing the violation of any of the
provisions of this Part shall be guilty of a misdemeanor, and any
26 conviction thereof shall be punishable in accordance with state
law. Any violation of the provisions of this Part shall constitute
27 a separate offense for each and every day during which such
violation is committed or continued.
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Ordinance No. 1169
Page 8
]
2 3739 PUBLIC NUISANCE
3 In addition to the criminal penalty set forth in Section 3738
above, any Adult Entertainment Booking Agency which is operating in
4 violation of this Part or any provision thereof is hereby declared
to constitute a public nuisance and, as such, may be abated or
5 enjoined from further such operation in accordance with the Tustin
City Code and/or state law.
6
Section 3. If any section, subsection, sentence, clause,
7 phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
8 competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
9 the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
lo portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be
]] declared invalid or unconstitutional.
12 Section 4. The City Council hereby approves and adopts
this Ordinance by the required four-fifths (4/5) vote as an urgency
]3 ordinance pursuant to Government Code Section 36937 for the
preservation of the public peace, health and safety based on the
]4 facts and findings stated in Section 1.
]5 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
16 Tustin on this 3rd day of June , 1996.
]9 TRAC ORLEY, Mayo
20
PA~4ELA STOKER, City Clerk
22
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1169
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1169 was introduced,
passed and adopted at a regular meeting of the City Council held on
June 3, 1996 by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Potts
Pamela Stoker, City ~Ierk