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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; 1100. ~12 3014~ 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. 1100- ~12 3014~ Ordinance No. 1169 Page 4 ] 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. 1100- ~12 3014~ Ordinance No. 1169 Page 5 ] 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 1100- )012 3014~ Ordinance No. 1169 Page 6 ] 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. 1100. ~012 3014~ 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. 1100. )012 3014,~ 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 23 24 26 27 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