HomeMy WebLinkAboutOrdinances_2345_CCv0001.pdf ORDINANCE NO. 2345
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 18.226
TO THE REDLANDS MUNICIPAL CODE RELATING TO ZONING
REGULATIONS APPLICABLE TO ADULT-ORIENTED BUSINESSES,
ADDING CHAPTER 8.76 TO THE REDLANDS MUNICIPAL CODE RELATING
TO THE REGULATION OF ADULT-ORIENTED BUSINESSES AND
REPEALING ARTICLES 11, 111 AND IV OF CHAPTER 18.156 OF THE
REDLANDS MUNICIPAL CODE.
WHEREAS,the City Council of the City of Redlands ("this City Council"), in adopting this
ordinance,takes legislative notice of the existence and content of the following studies concerning
the adverse secondary side effects of Adult-Oriented Businesses in other cities including Garden
Grove, California (1991); Seattle, Washington (1989), State of Minnesota (1989); Austin, Texas
(1986); Oklahoma City, Oklahoma (1986). Indianapolis, Indiana (1984); Houston, Texas (1983);
Beaumont, Texas (1982): Minneapolis, Minnesota (1980); Phoenix. Arizona (1979); Whittier,
California (1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); and Los Angeles, California
(1977),- and
WTIEREAS,this City Council has determined that these studies are relevant to the problems
addressed by the City of Redlands in enacting this ordinance to regulate the adverse secondary side
effects of Adult-Oriented Businesses, and that this City Council specifically finds that these studies
provide convincing evidence that:
(1) Adult-Oriented Businesses are linked to increases in the crime rates in those areas in
which they are located and in surrounding, areas;
(2) Both the proximity of Adult-Oriented Businesses to sensitive land uses and the
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concentration of Adult-Oriented Businesses tend to result in the blighting and deterioration of the
areas in which they are located;
(3) The proximity and concentration of Adult-Oriented Businesses adjacent to residential,
recreational, religious. educational and other Adult-Oriented Business uses can cause other
businesses and residences to move elsewhere-,
(4)There is substantial evidence that an increase in crime tends to accompany, concentrate
around and be aggravated by Adult-Oriented Businesses, including but not limited to an increase in
the crimes of narcotics distribution and use,prostitution, pandering, rape, liquor law violations and
violence against persons and property; and
(5) The types of crimes noted above which are associated with Adult-Oriented Businesses,
based on the experience of the Redlands Police Department and other law enforcement agencies,
tend to occur more frequently in the late night hours, and are often associated with the closing time
of businesses serving alcohol; and
(6) Studies of patrons of Adult-Oriented Businesses have confirmed that patrons of such
businesses travel lengthy distances and often from areas outside the City to patronize the businesses,
thereby causing an increase in the number of persons in Redlands requiring police protection which
is greater than that caused by other commercial businesses in the late night hours when Police
Department staffing Is lowest; and
(7) The zoning districts within which Adult-Oriented Businesses would be permitted also
allow the establishment of uses, including fast food restaurants and convenience stores, which are
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frequented by children on their way to school during the morning and afternoon hours; and
(8) Studies from other cities establish convincing evidence that Adult-Oriented Businesses
which are not regulated as to permissible locations often have a deleterious effect on nearby
businesses in residential areas, causing, among other adverse secondary effects,an increase in crime
and a decrease in property values.
WHEREAS, based on the foregoing, this City Council finds and determines that special
regulation of Adult-Oriented Businesses is necessary to ensure that their adverse secondary side
effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas
in which thev are located or surrounding areas in the City of Redlands. The need for such special
regulations, including, a limitation on hours of operations of Adult-Oriented Businesses, is based
upon the recognition that Adult-Oriented Businesses have serious objectionable operational
characteristics,particularly when several of them are concentrated under certain circumstances or
located in direct proximity to sensitive uses such as parks, schools and churches,thereby having a
deleterious effect upon the adjacent areas. In adopting these regulations imposing a limitation on the
hours of operations of Adult-Oriented Businesses,the City Council relies upon and takes legislative
notice of the U. S. Court of Appeals for the Third Circuit decision in Mitchell v. Commission on
Adult Entertainment Establishments, 10 F. 3d 1223 (3d Cir. 1993)which upheld content neutral,time,
place and manner regulations on Adult-Oriented Businesses because they were "directed at curbing
the side-effects of[Adult-Oriented Businesses] speech-related activity" based upon the rational basis
that such regulations were intended to limit"... traffic congestion,parking problems,the performance
of sexual acts in public, and the littering of discarded sexually explicit materials near residential
communities." It is the purpose and intent of these special regulations to prevent the concentration
of Adult-Oriented Businesses and thereby prevent such adverse secondary side effects. It is further
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the intent of these special regulations to control the hours of operations of Adult-Oriented Businesses
on a content-neutral basis to reduce potential harmful effects to children and others who could come
in close proximity to these businesses during the morning hours, to reduce the potential for increases
in crime related to these businesses during the late-night hours and to reduce or eliminate the other
potential adverse secondary effects of such businesses that have been identified in Mitchell v.
Commission on Adult Entertainment; Star Satellite. Inc.. v. City of Biloxi 779 F.2d 1071 (5th Cir.
1986); Broadway Brooks v. Roberts, 642 F. Supp 486 (E.D. Tenn. 1986); City of Colorado Springs
�L 7354, Inc. 896 P.2d 272 (Colo. 1995); 7250 Corporation v. Board of CounjZ, Commissioners for
Adams County, 799 P. 2d 917 (Colo. 1990).- Ellwest Stereo Theater. Inc. v. Boner, 718 F. Supp.
1553 (M.D. Tenn. 1989); Moody v. Board of County Commissioners 697 P.2d 1310 (Kan. 1985)..
and National Amusements v. Town of Dedham 43. F.3d 731 (1st Cir. 1995); and
WHEREAS,the locational requirements established by this ordinance do not unreasonably
restrict the establishment or operation of constitutionally protected Adult-Oriented Businesses in the
City of Redlands, and a sufficient reasonable number of appropriate locations for Adult-Oriented
Businesses are provided by this ordinance.- and
WHEREAS, in developing this ordinance, this City Council has been mindful of legal
principles relating to the regulation of Adult-Oriented Businesses and does not intend to suppress
or infringe upon any expressive activities protected by the First Amendments of the United States
and California Constitution, but instead desires to enact reasonable time, place and manner
regulations that address the adverse secondary effects of Adult-Oriented Businesses. This City,
Council has considered decisions of the United States Supreme Court regarding local regulation of
Adult-Oriented Businesses including but not limited to: Young v. American Mini Theaters Inc.,427
U.S. 50(1976)(Reh. denied 429 U.S. 873)- Renton v. Playtime Theaters 475 U.S. 41 (1986) (Reh.
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denied 475 U.S. 1132); FW/PBS- Inc. v. Dallas,493 U.S. 215 (1990); Barnes v. Glenn Theater, 501
U.S. 560(1991).United States Court of Appeals 9th Circuit decisions, including but not limited to:
Tol2anga Press et al. v. City of Los Angeles, 989 F.2d 1524 (1993)-, several California cases
including but not limited to: City of National City v. Wiener, 3 CalAth 832 (1993); People v.
Superior Court (Ljjggm), 49 Cal. 3d 14 (1989); and City of Valle-jo v. Adult Books et al., 167
Cal.App.3d 1169(1985); and other federal cases including Lakeland Lounge v. City of Jacksonville
(5th Cir. 1992)973 F.2d 1255, Hang On Inc. v. Arlington(5th Cir. 1995)65 F.3d 1248, Mitchell v.
Commission on Adult Entertainment(3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward
County(11th Cir. 1991) 941 F.2d 1157, and Star Satellite v. City of Biloxi(5th Cir. 1986) 779 F.2d
1074; and
WHEREAS, this City Council also finds that locational criteria alone do not adequately
protect the health, safety and general welfare of the citizens of Redlands, and thus certain
requirements with respect to the ownership and operation of Adult-Oriented Businesses are in the
public interest. In addition to the findings and studies conducted in other cities regarding increases
in crime rates, decreases in property values and the blighting of areas in which such Adult-Oriented
Businesses are located,this City Council also takes legislative notice of the facts recited in the case
of Kev. Inc. v. Kitsap County, 793 F.2d 1053 (1986),regarding how live adult entertainment results
in secondary effects such as prostitution, drug dealing and other law enforcement problems; and
WHEREAS, as a result of the above, and the increase in cases of AIDS and Hepatitis B,
which are both sexually transmitted diseases, the City has a substantial interest in adopting
regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of
prostitution and casual sex acts at Adult-Oriented Businesses-, and
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WHEREAS,zoning, licensing and other police power regulations are legitimate, reasonable
means of accountability to help protect the quality of life in Redlands and to help assure that all
operators of Adult-Oriented Businesses comply with reasonable regulations and are located in places
that minimize the adverse secondary effects which naturally accompany the operation of such
businesses; and
WHEREAS,this City Council recognizes the possible harmful effects on children and minors
exposed to the effects of such Adult-Oriented Businesses and the deterioration of respect for family
values, and the need and desire of children and minors to stay away from and avoid such businesses
which causes children to be fearful and cautious when walking through or visiting the immediate
neighborhood of such businesses-, and the City Council desires to minimize and control the adverse
secondary side effects associated with the operation of Adult-Oriented Businesses and thereby
protect the health,safety, and welfare of the citizens of Redlands;protect the citizens from increased
crime-, preserve the quality of life.- preserve property values and the character of surrounding
neighborhoods and businesses, deter the start and/or spread of urban blight and protect against the
threat to health from the spread of communicable and sexually transmitted diseases; and
WHEREAS, it is not the intent of this City Council in enacting this ordinance, or any
provision hereof, to condone or legitimize the distribution of obscene material, and the City of
Redlands recognizes that state la-,v prohibits the distribution of the obscene materials and expects and
encourages law enforcement officials to enforce state obscenity statutes against such illegal activities
in Redlands; and
WHEREAS, nothing in this ordinance is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use which violates any City
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ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent
exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display
thereof, and
WHEREAS,this City Council finds the following in part, based upon its understanding of
the documents and Judicial decisions in the public record:
(1) Evidence indicates that some dancers, models, entertainers and other persons who
publicly perform Specified Sexual Activities or publicly display Specified Anatomical Parts in
Adult-Oriented Businesses (as those terms are defined herein) (collectively referred to as
"Performers") have been found to engage in sexual activities with patrons of Adult-Oriented
Businesses on the site of the Adult-Oriented Business;
(2)Evidence has demonstrated that Performers employed by Adult-Oriented Businesses have
been found to offer and provide private shows to patrons who, for a price, are permitted to observe
and participate with the Performers in live sex shows;
(3)) Evidence indicates that Performers at Adult-Oriented Businesses have been found to
engage in acts of prostitution with patrons of the establishment; and
(4) Evidence indicates that fully enclosed booths, individual viewing areas and other small
rooms whose interiors cannot be seen from public areas of the establishment regularly have been
found to be used as a location for engaging in unlawful sexual activity, and
WHEREAS, in prohibiting public nudity in Adult-Oriented Businesses, this City Council
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does not intend to proscribe the communication of erotic messages or any other communicative
element or activity,but rather only to prohibit public nudity due to the secondary impacts associated
with such public nudity: and
WHEREAS, this City Council also finds, as a wholly independent basis that it has a
substantial public interest in preserving societal order and morality,and that such interest is ftirthered
by a prohibition on public nudity; and
WHEREAS, while the City Council desires to protect the rights conferred by the United
States Constitution to Adult-Oriented Businesses, it does so in a manner that ensures the continued
and orderly development of property within the City and diminishes, to the greatest extent feasible,
those undesirable secondary effects which the aforementioned studies have shown to be associated
with the development and operation of Adult-Oriented Businesses; and
WHEREAS, in enacting a nudity limitation, the City declares that the limitation is a
regulatory licensing provision and not a criminal offense. The City has not provided a criminal
penalty for a violation of the nudity limitation. The City adopts such a limitation only as a condition
of issuance and maintenance of an Adult-Oriented Business permit issued pursuant to the Redlands
Municipal Code,and
WHEREAS, this City Council finds that preventing the exchange of money between
entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult-
Oriented Businesses; and
WHEREAS,requiring separations between entertainers and patrons reduces the likelihood
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that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult-
Oriented Business; and
WHEREAS, enclosed or concealed booths and dimly-lit areas within Adult-Oriented
Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of
a type which facilitates transmission of disease. Requirements that all indoor areas be open to view
by management at all times, and that adequate lighting be provided are necessary in order to reduce
the opportunity for,and therefore the incidence of illegal conduct within Adult-Oriented Businesses,
and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel
The Citv Council of the City of Redlands does ordain as follows:
Section 1. Chapter 18.226 entitled "Adult-Oriented Businesses" is hereby added to the
Redlands Municipal Code to read as follows:
"Chapter 18.226 Adult-Oriented Businesses.
Sections:
18.226.010 Legislative Purpose.
18.226.020 Definitions.
18226.030 Minimum Proximity Requirements.
18.226.040 Amortization ofNonconforming Adult-Oriented Business Uses.
18.226.050 Extension of Time for Termination of Nonconforming Use.
18.226.010 Legislative Purpose.
It is the purpose of this Chapter to regulate Adult-Oriented Businesses in order to promote
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the health, safety and welfare of the citizens of Redlands and to prevent community-wide adverse
economic impacts, increased crime, decreased property values and the deterioration of
neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in
close proximity to each other or proximity to other incompatible uses such as schools for minors,
churches and residentially zoned districts or uses. The City Council of the City of Redlands finds
that it has been demonstrated in various communities that the concentration of Adult-Oriented
Businesses causes an increase in the number of transients in the area and an increase in crime, and
in addition to the effects described above, can cause other businesses and residents to move
elsewhere. The provisions of this Chapter have neither the purposes nor effect of imposing a
limitation or prohibition on the content of any communicative materials, including Adult-Oriented
materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults
to Adult-Oriented materials protected by the First Amendment, or to deny access by the distributors
and exhibitors of Adult-Oriented entertainment to their intended market. Neither is it the intent nor
effect of this Chapter to condone or legitimize the distribution of obscene material. It is, therefore,
the purpose of this Chapter to establish reasonable and uniform regulations to prevent the
concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while
permitting the location of Adult-Oriented Businesses in certain areas.
18.226.020. Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Adult-Oriented Business" means anv one of the following:
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(1)Adult Arcade. The term "adult arcade" as used in this Chapter is an establishment
where, for any form of consideration, one or more still or motion picture projectors, or similar
machines,for viewing by five(5)or fewer persons each, are used to show films,computer generated
images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30)
percent or more of the number of which are distinguished or characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas.
(2) Adult Bookstore. The term "adult bookstore" as used in this Chapter is an
establishment that has thirty (30) percent or more of its stock in books, magazines, periodicals or
other printed matter, or of photographs, films, motion pictures,video cassettes, slides,tapes, records
or other form of visual or audio representations which are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual activities and/or specified anatomical
areas.
(3) Adult Cabaret. The term "adult cabaret" as used in this Chapter means a
nightclub, restaurant or similar business establishment which: (i) regularly features live
performances which are distinguished or characterized by an emphasis upon the display of specified
anatomical areas or specified sexual activities; and/or (ii) which regularly features persons who
appear semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of
which are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
(4) Adult Hotel/Motel. The term "adult hotel/motel" as used in this Chapter
means a hotel or motel or similar business establishment offering public accommodations for any
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form of consideration which: (i) provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes, slides or other photographic
reproductions thirty (30)percent or more of the number of which are distinguished or characterized
by an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas; and(ii) rents, leases or lets any room for less than a six (6)hour period, or rents,
leases or lets any single room more than twice in a 24-hour period.
(5) Adult Motion Picture Theater.The term"adult motion picture theater" as used
in this Chapter is a business establishment where, for any form of consideration, film, computer
generated images,motion pictures, video cassettes, slides or similar photographic reproductions are
shown, and thirty(3)0)percent or more of the number of which are distinguished or characterized by
an emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas.
(6) Adult Theater. The term "adult theater" as used in this Chapter means a
theater. concert hall, auditorium, or similar establishment which, for any form of consideration
regularly features live performances which are distinguished or characterized by an emphasis on the
display of specified anatomical areas or specified sexual activities.
(7) Modeling Studio. The term "modeling studio" as used in this Chapter means
a business which provides, for pecuniary compensation, monetary or other consideration, hire or
reward, figure models who, for the purposes of sexual stimulation ofp atrons, display "specified
anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted
by persons paying such consideration. "Modeling Studio" does not include schools maintained
pursuant to standards set by the State Board of Education. "Modeling studio" further does not
include a studio or similar facility owned, operated or maintained by an individual artist or group
of artists, and-which does not provide, permit, or make available "specified sexual activities."
B. Adult-Oriented Business Operator. Adult-Oriented Business Operator(hereinafter
"operator")means a person who supervises, manages, inspects, directs, organizes,-anizes,controls or in any
other way is responsible for or in charge of the premises of an Adult-Oriented Business or the
conduct or activities occurring on the premises thereof.
C. Applicant. A person who is required to file an application for a permit under this
Chapter, including an individual owner, managing partner, officer of a corporation or any other
operator, manager, employee or agent of an Adult-Oriented Business.
D. Bar. For the purposes of this Chapter a bar is defined as any commercial
establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic
beverages on the premises.
E. Chief of Police. The Chief of Police of the City of Redlands or the authorized
representatives thereof.
F. Church. The term "Church" as used in this Chapter, is a structure which is used
primarily for religious worship and related religious activities.
G. Distinguished or characterized by an emphasis upon. As used in this Chapter the
term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or
essential theme of the object described by, such phrase. For instance, when the phrase refers to films
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which are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas, the films so described are those whose
dominant or predominant character and theme are the depiction of the enumerated sexual activities
or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3rd 151 (1981).
H. Establishment of an Adult-Oriented Business. As used in this Chapter,to "establish"
an Adult-Oriented Business shall mean and include any of the following:
1. The opening or commencement of any Adult-Oriented Business as a new
business.
2. The conversion of an existing business, whether or not an Adult-Oriented
Business, to any Adult-Oriented Business defined herein,
3. The addition of any of the Adult-Oriented Businesses defined herein to any
other existing Adult-Oriented Business: or
4. The relocation of any such Adult-Oriented Business.
1. Figure Model. "Figure model" means any person who, for pecuniary compensation,
consideration,hire or reward poses in a modeling studio to be observed, sketched,painted, drawn,
sculptured, photographed or otherwise depicted.
J. Health Officer. The Health Officer of the County of San Bernardino or his/her duly
authorized representative.
K. Massage Parlor. "Massage Parlor" shall mean any place where-, for any form of
consideration or gratuity massage, alcohol rub, administration of fornentations, electric or magnetic
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treatments, or any other treatment manipulation of the human body which occurs as a part of or in
connection with "Specified Sexual Activities," or where any person providing such treatment,
manipulation or service related thereto, exposes "Specified Anatomical Areas." The definition of
a Sexually Oriented Businesses or Massage Parlor shall not include the practice of massage in any
licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or
osteopath, nor by any nurse or technician working under the supervision of a licensed physician,
surgeon,chiropractor or osteopath,nor by trainers for any amateur, semiprofessional or professional
athlete or athletic team or school athletic program.
L. Nudity or a State of Nudity. "Nudity or a state of nudity" means the showing of the
human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the
showing of the female breast with less than a fully opaque covering of any part of the nipple, or the
showinc, of the covered male genitals in a discernible turgid state.
t--
M. Operate an Adult-Oriented Business. As used in this Chapter "operate an Adult-
Oriented Business" means the supervising, managing, inspecting, directing, organizing, controlling
or in any way being responsible for. or in charge of, the conduct of activities of an Adult-Oriented
Business or activities within an Adult-Oriented Business.
N. Permittee. "Permittee"means the person to whom an Adult-Oriented Business Permit
is issued.
O. Person. Any individual, partnership, co-partnership, firm, association, joint stock
company, corporation or combination of the above in whatever form or character.
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P. Regularly Features. The term "regularly features" with respect to an adult theater or
adult cabaret means a regular and substantial course of conduct. The fact that live perfon-nances
which are distinguished or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities occurs on two (2) or more occasions within a thirty (3)0) day
period; three (3) or more occasions within a sixty (60) day period: or four(4) or more occasions
within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed
to be a regular and substantial course of conduct.
Q. Semi-nude Model Studio. "Semi-Nude Model Studio" shall mean any place where
a person,who appears Semi-Nude or displays "Specified Anatomical Areas" is provided for money
or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons.
R. Semi-Nude. Means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered
by supporting straps or devices.
S. Sexual Encounter Establishment. "Sexual Encounter Establishment" shall mean a
business or commercial establishment that as one of its primary business purposes, offers for any
form of consideration, a place where two or more persons may congregate, associate, or consort for
the purpose of"Specified Sexual Activities" or the exposure of"Specified Anatomical Areas" or
activities when one or more of the persons is Semi-Nude. The definition of Sexually Oriented
Businesses shall not include an establishment where a medical practitioner, psychologist,
psychiatrist,or similar professional person licensed by the state engages in medically approved and
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recognized sexual therapy.
T. School. The term "school" as used in this Chapter, is any child or day care facility,
or an institution of learning for minors, whether public or private, offering instruction in those
courses of study required by the California Education Code and maintained pursuant to standards
set by the State Board of Education. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school, or any special institution of
education, but it does not include a vocation or professional institution of higher education,
including a community or junior college, college or university.
U. Specified anatomical areas. As used herein, "specified anatomical areas" shall mean
and include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region;
buttocks; and female breast below a point immediately above the top of the areola, and
(2) Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
(3) Any device,costume or covering that simulates any of the body parts included
in subdivisions (1)or('I) above.
V. Specified Sexual Activities. As used herein, "specified sexual activities" shall mean
and include any of the following, whether performed directly or indirectly through clothing or other
covering:
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(1) The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation or
sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions. As part of or in connection xvith any of the other
activities described in subdivision (1)through (3) of this subsection.
W. Substantial Enlargement of a Sexually Oriented Business. "Substantial Enlargement
of a Sexually Oriented Business" shall mean an increase in the floor areas occupied by the business
by more than 15%, as the floor areas exist on the effective date of this Chapter.
18.226.030 Minimum Proximity Requirements.
No Adult-Oriented Business shall be established or located in any zone in the City other than
the City's "CM" Commercial Manufacturing Zone. the "M-2" General Industrial Zone, the "IP"
Industrial District Zone or within the "EWIC" Commercial Industrial land use designation of the
Cit-,='s East Valley Corridor Specific Plan(Specific Plan 1-40), all as designated on the City's Official
Zoning Map as defined in Title 18 of this Code, or within certain distances of certain specified land
uses or zones as set forth below:
A. No such business shall be established or located. within five hundred (500) feet of
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any other Adult-Oriented Business.
B. No such business shall be established or located within one thousand(1000)feet from
any existing residential zone, park, church or school.
C. The distances set forth above shall be measured from the nearest exterior wall of the
facility housing the adult use or proposed adult use and the nearest lot line included with the
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residential zone, park, school or church, along a straight line extended between the two points
without regard to intervening structures.
18.226.040 Amortization of Nonconforming Adult-Oriented Business Uses.
Any use of real property existing on the effective date of this Chapter, which does not
conform to the provisions of Section 18.226.030, but which was constructed, operated and
maintained in compliance with all previous regulations, shall be regarded as a nonconforming use
which may be continued until one (1)year after the effective date of this Chapter. On or before such
date. all such nonconforming uses shall be terminated unless an extension of time has been approved
by the hearing officer in accordance with the provisions of Section 18.226.050.
A. Abandonment. Not-vNithstanding the above, any discontinuance or abandonment of
the use of any lot or structure as an Adult-Oriented Business shall result in a loss of legal
nonconforming status of such use.
B. Amortization -- annexed property. Any Adult-Oriented Business which was a legal
use at the time of annexation of the property and which is located in the City, but which does not
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conform to the provisions of Section 18.22.26.0310 shall be terminated within one (1)year of the date
of annexation unless an extension of time has been approved by the City's Hearing Officer in
accordance with the provisions of Section 18.226.050.
18.2126.050 Extension of Time for Termination of Nonconforming Use.
The owner or operator of a nonconforming use as described in Section 18.226.040 may apply
under the provisions of this section to the City's Director of Community Development for an
extension of time within which to terminate the nonconforming use.
A. Time and manner of application. An application for an extension of time within
which to terminate a use made nonconforming by the provisions of Section 18.226.030,may be filed
by the owner of the real property upon which such use is operated, or by the operator of the use.
Such an application must be filed with the City's Director of Community Development at least ninety
(90) days but no more than one hundred eighty (180) days prior to the time established in Section
18.226.040 for termination of such use.
B. Content of application- fees. The application shall state the grounds for requesting
an extension of time. The filing fee for such application shall be the same as that for a variance as
is set forth in the schedule of fees established by resolution from time to time by the City Council.
C. Hearing procedure. The City Manager shall appoint a hearing officer to hear the
application. The hearing officer shall set the matter for hearing within 45 days of receipt of the
application. All parties involved shall have the right to offer testimonial,documentary and tangible
evidence bearing on the issues-, may be represented by counsel; and shall have the right to confront
WM3030LE
20
and cross-examine-witnesses. Any relevant evidence may be admitted that is the sort of evidence
upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing
under this section may be continued for a reasonable time for the convenience of a party or a witness.
The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of
Civil Procedure Section 1094.6.
D. Approval of extension findings. An extension under the provisions of this section
shall be for a reasonable period of time commensurate with the investment involved, and shall be
approved only if the hearing officer makes all of the following findings or such other findings as are
required by law:
(1) The applicant has made a substantial investment(including but not limited
to lease obligations)in the property or structure on or in which the nonconforming use is conducted-,
such property or structure cannot be readily converted to another use; and such investment vvas made
prior to the effective date of this Chapter-,
(2) The applicant will be unable to recoup said investment as of the date
established for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to
relocate the use to a location in conformance with Section 18.26.030.
Section 2. Chapter 8.76 entitled"Adult-Oriented Business Permit Regulations" is hereby
added to the Redlands Municipal Code to read as follows:
DMOOLE
Sections:
8.76.010 Purpose.
8.76.0220 Definitions.
8.76.030 Permits Required.
8.76.040 Adult-Oriented Business Regulatory Permit.
8.76.050 Applications.
8.76.060 Investigation and Action on Application.
8.76.070 Permit Denial.
8.76.080 Transfer of Adult-Oriented Business Regulatory Permits.
8.76.090 Adult-Oriented Business Performer Permit.
8.76.100 Investigation and Action on Application.
8.76.110 Suspension or Revocation of Adult-Oriented Business Regulatory Permits
and Adult-Oriented Business Performer Pen-nits.
8.76.120 Appeal of Denial., Suspension or Revocation.
8.76.130 Adult-Oriented Business Development and Performance Standards.
8.76.140 Register and Permit Number of Employees.
8.76.150 Display of Permit and Identification Cards.
8.76.160 Employment of and services rendered to persons under the age of eighteen
(18) years prohibited.
8.76.170 Inspection.
8.76.180 Re�,-,ulations Nonexclusive.
8.76.190 Employment of Persons Without Permits Unlawful.
8.76200 Time Limit for Filing Application for Permit.
8.76.210 Severability.
DJIM3030LE
22
8.76.010 Purpose.
It is the purpose of this Chapter to regulate Adult-Oriented Businesses in order to promote
the health, safety and welfare of the citizens of Redlands and to prevent community-wide adverse
economic impacts, increased crime, decreased property values and the deterioration of
neighborhoods which can be brought about by the concentration of Adult-Oriented Businesses in
close proximity to each other or proximity to other incompatible uses such as schools for minors,
churches and residentially zoned districts. The City Council of the City of Redlands finds that it
has been demonstrated in various communities that the concentration of Adult-Oriented Businesses
causes an increase in the number of transients in the area and an increase in crime, and in addition
to the effects described above, can cause other businesses and residents to move elsewhere. The
provisions of this Chapter have neither the purposes nor effect of imposing a limitation or
prohibition on the content of any communicative materials, including Adult-Oriented materials.
Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to Adult-
Oriented materials protected by the First Amendment, or to deny access by the distributors and
exhibitors of Adult-Oriented entertainment to their intended market. Neither is it the intent nor
effect of this Chapter to condone or legitimize the distribution of obscene material. It is, therefore,
the purpose of this Chapter to establish reasonable and uniform regulations to prevent the
concentration of Adult-Oriented Businesses or their close proximity to incompatible uses, while
permitting the location of Adult-Oriented Businesses in certain areas,
8.76.020. Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Adult-Oriented Business" means any one of the following:
DAV030LE
23
(1)Adult Arcade. The term "adult arcade" as used in this Chapter is an establishment
where, for any form of consideration, one or more still or motion picture projectors, or similar
machines,for viewing by five(5)or fewer persons each,are used to show films,computer generated
images, motion pictures, video cassettes, slides or other photographic reproductions thirty (30)
percent or more of the number of which are distinguished or characterized by an emphasis upon the
depiction or description of specified sexual activities or specified anatomical areas.
(2) Adult Bookstore. The term "adult bookstore" as used in this Chapter is an
establishment that has thirty (30) percent or more of its stock in books, magazines, periodicals or
other printed matter,or of photographs, films, motion pictures, video cassettes, slides,tapes, records
or other form of visual or audio representations which are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual activities and/or specified anatomical
areas.
(3) Adult Cabaret. The term "adult cabaret" as used in this Chapter means a
nightclub. restaurant or similar business establishment which: (i) regularly features live
performances which are distinguished or characterized by an emphasis upon the display of specified
anatomical areas or specified sexual activities; and/or (ii) which regularly features persons who
appear semi-nude; and/or (iii) shows films, computer generated images, motion pictures, video
cassettes, slides or other photographic reproductions thirty (30) percent or more of the number of
which are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
(4) Adult Hotel/Motel. The term "adult hotel/motel" as used in this Chapter
DA4303OLE
24
means a hotel or motel or similar business establishment offering public accommodations for any
form of consideration which: (i) provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes, slides or other photographic
reproductions thirty(30)percent or more of the number of which are distinguished or characterized
by an emphasis upon the depiction or description of specified sexual activities or specified
anatomical areas, and(ii) rents, leases or lets any room for less than a six(6)hour period, or rents,
leases or lets any single room more than twice in a 24-hour period.
(5) Adult Motion Picture Theater.The term"adult motion picture theater"as used
in this Chapter is a business establishment where, for any form of consideration, film, computer
generated images,motion pictures, video cassettes, slides or similar photographic reproductions are
shown, and thirty(30)percent or more of the number of which are distinguished or characterized by
an emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas.
(6) Adult Theater. The term "adult theater" as used in this Chapter means a
theater, concert hall, auditorium, or similar establishment which, for any form of consideration
regularly features live performances which are distinguished or characterized by an emphasis on the
display of specified anatomical areas or specified sexual activities.
(7) Modelinc, Studio. The term "modeling studio" as used in this Chapter means
a business which provides, for pecuniary compensation, monetary or other consideration, hire or
reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified
anatomical areas" to be observed, sketched. photographed, painted, sculpted or otherwise depicted
by persons paying such consideration. "Modeling Studio" does not include schools maintained
DJM30,',OLE
25
pursuant to standards set by the State Board of Education. "Modeling studio" further does not
include a studio or similar facility owned, operated or maintained by an individual artist or group
of artists, and which does not provide, permit, or make available "specified sexual activities."
B. Adult-Oriented Business Operator. Adult-Oriented Business Operator(hereinafter
"operator")means a person who supervises, manages, inspects, directs, organizes,controls or in any
other way is responsible for or in charge of the premises of an Adult-Oriented Business or the
conduct or activities occurring on the premises thereof.
C. Applicant. A person who is required to file an application for a permit under this
Chapter, including an individual owner, managing partner, officer of a corporation or any other
operator,manager, employee or agent of an Adult-Oriented Business.
D. Bar. For the purposes of this Chapter a bar is defined as any commercial
establishment licensed by the State Department of Alcoholic Beverage Control to serve any alcoholic
beverages on the premises.
E. Chief of Police. The Chief of Police of the City of Redlands or the authorized
representatives thereof.
F. Church. The term "Church" as used in this Chapter, is a structure which is used
primarily for religious worship and related religious activities,
G. Distinguished or characterized by an emphasis upon. As used in this Chapter the
term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or
DA43030LE 26
essential theme of the object described by such phrase. For instance, when the phrase refers to films
which are distinguished or characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas, the films so described are those whose
dominant or predominant character and theme are the depiction of the enumerated sexual activities
or anatomical areas. See Pringle v. City of Covina, 115 Cal.App.3rd 151 (1981).
H. Establishment of an Adult-Oriented Business. As used in this Chapter,to "establish"
an Adult-Oriented Business shall mean and include any of the following:
1. The opening or commencement of any Adult-Oriented Business as a new
business.
2The conversion of an existing business, whether or not an Adult-Oriented
Business, to any Adult-Oriented Business defined herein;
3. The addition of any of the Adult-Oriented Businesses defined herein to any
other existing Adult-Oriented Business; or
4. The relocation of any such Adult-Oriented Business.
1. Figure Model. "Figure model" means any person who, for pecuniary compensation,
consideration,hire or reward poses in a modeling studio to be observed, sketched,painted, drawn,
sculptured, photographed or othenvise depicted.
J. Health Officer. The Health Officer of the County of San Bernardino or his/her duly
authorized representative.
K. Massage Parlor, "Massage Parlor" shall mean any place where, for any form of
DJM30',OL.E
27
consideration or gratuity massage, alcohol rub., administration of fomentations. electric or magnetic
treatments, or any other treatment manipulation of the human body which occurs as a part of or in
connection with "Specified Sexual Activities," or where any person providing such treatment,
manipulation or service related thereto, exposes "Specified Anatomical Areas." The definition of
a Sexually Oriented Business or Massage Parlor shall not include the practice of massage in any
licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or
osteopath, nor by any nurse or technician working under the supervision of a licensed physician,
surgeon,chiropractor or osteopath,nor by trainers for any amateur, semiprofessional or professional
athlete or athletic team or school athletic program.
t:!
L. Nudity or a State of Nudity. "Nudity or a state of nudity" means the showing of the
human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the
showing of the female breast with less than a fully opaque covering of any part of the nipple, or the
showing of the covered male genitals in a discernible turgid state.
M. Operate an Adult-Oriented Business. As used in this Chapter "operate an Adult-
Oriented Business" means the supervising,managing, inspecting, directing, organizing, controlling
or in any way being responsible for, or in charge of, the conduct of activities of an Adult-Oriented
Business or activities within an Adult-Oriented Business.
N. Permittee. "Permittee"means the person to whom an Adult-Oriented Business Permit
is issued.
O. Person. Any individual, partnership, co-partnership, firm, association, joint stock
company, corporation or combination of the above in whatever form or character.
WN4303OLL
28
P. Regularly Features. The term "regularly features" with respect to an adult theater or
adult cabaret means a regular and substantial course of conduct. The fact that live performances
which are distinguished or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day
period; three (3)) or more occasions within a sixty (60) day period; or four (4) or more occasions
within a one hundred and eighty (180)day period, shall to the extent permitted by law be deemed
to be a regular and substantial course of conduct.
Q. School. The term "school" as used in this Chapter, is any child or day care facility,
or an institution of learning for minors, whether public or private, offering instruction in those
courses of study required by the California Education Code and maintained pursuant to standards
set by the State Board of Education. This definition includes a nursery school, kindergarten,
elementary school, middle or junior high school, senior high school, or any special institution of
education, but it does not include a vocation or professional institution of higher education,
including a community or junior college, college or university.
R. Semi-Nude. Means a state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered
by supporting straps or devices.
S. Semi-Nude Model Studio. "Semi-Nude Model Studio" shall mean any place where
a person,who appears Semi-Nude or displays "Specified Anatomical Areas: is provided for money
or any form of consideration to be observed, sketched. drawn, painted, sculptured, photographed,
or similarly depicted by other persons.
DJM30301T
29
T. Sexual Encounter Establishment. "Sexual Encounter Establishment" shall mean a
business or commercial establishment that as one of its primary business purposes, offers for any
form of consideration, a place where two or more persons may congregate. associate, or consort for
the purpose of"Specified Sexual Activities" or the exposure of"Specified Anatomical Areas" or
activities when one or more of the persons is Semi-Nude. The definition of Sexually Oriented
Businesses shall not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state engages in medically approved and
recognized sexual therapy.
U. Substantial Enlargement of a Sexually Oriented Business. "Substantial Enlargement
of a Sexually Oriented Business" shall mean an increase in the floor areas occupied by the business
by more than 15%, as the floor areas exist on the effective date of this Chapter.
V. Specified anatomical areas. As used herein, "specified anatomical areas" shall mean
and include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region;
buttocks: and female breast below a point immediately above the top of the areola.- and
(2) Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
(3) Any device,costume or covering that simulates any of the body parts included
in subdivisions(1) or(2) above.
DAI-101(41,
30
W. Specified Sexual Activities. As used herein, "specified sexual activities" shall mean
and include anv of the following, whether performed directly or indirectly through clothing or other
covering:
(1) The fondling or other erotic touching of human genitals, pubic region.
buttocks, anus or female breast;
(2) Sex acts, actual or simulated, including intercourse, oral copulation or
sodomy;
(3) Masturbation, actual or simulated;
(4) Excretory functions. As part of or in connection with any of the other
activities described in subdivision (1)through(3) of this subsection.
8.76.030 Permits Required.
A. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to
be engaged in, conducted or carried on, in or upon any premises in the City of Redlands, the
operation of an Adult-Oriented Business unless the person first obtains and continues to maintain
in full force and etTect a pen-nit from the City of Redlands herein required(Adult-Oriented Business
Regulatory Permit).
B. It shall be unlawful for any persons to engage in or participate in any live
[AM30310LE
31
performance depicting specified anatomical areas or involving specified sexual activities in an
Adult-Oriented Business unless the person first obtains and continues in fall force and effect a permit
from the City herein required(Adult-Oriented Business Performer Permit).
8.76.040 Adult-Oriented Business Regulatory Permit Required.
Every person who proposes to maintain, operate or conduct an Adult-Oriented Business in
the City of Redlands shall file an application with the Chief of Police upon a form provided by the
City and shall pay a filing fee, as established by resolution adopted by the City Council from time
to time,which shall not be refundable. Upon receipt,the Chief of Police shall forward a copy of the
application to the Community Development Department.
8.76.050 Applications.
A. Adult-Oriented Business Regulatory Permits are nontransferable, except in
accordance with Section 8.76.080. Therefore, all applications shall include the following
information:
(1) If the applicant is an individual, the individual shall state his or her legal
name, including any aliases,address, and submit satisfactory written proof that he or she, is at least
eighteen (18)years of age.
(2) If the applicant is a partnership, the partners shall state the partnership's
complete name,address, the names of all partners,whether the partnership is general or limited,and
attach a copy of the partnership agreement, if any.
DJM3030LE
32
(3) If the applicant is a corporation, the corporation shall provide its complete
name,the date of its incorporation, evidence that the corporation is in good standing under the laws
Z__ -
of California, the names and capacity of all officers and directors, the name of the registered
corporate agent and the address of the registered office for service of process.
B. If the applicant is an individual, he or she shall sign the application. If the applicant
is other than an individual, an officer of the business entity or an individual with a ten (10) percent
or greater interest in the business entity shall sign the application.
C. If the applicant intends to operate the Adult-Oriented Business under a name other
than that of the applicant,the applicant shall file the fictitious name of the Adult-Oriented Business
and show proof of registration of the fictitious name.
D. A description of the type of Adult-Oriented Business for which the Permit is
requested and the proposed address where the Adult-Oriented Business will operate,plus the names
and addresses of the owners and lessors of the Adult-Oriented Business site.
E. The address to which notice of action on the application is to be mailed.
F. The names of all employees, independent contractors, and other persons Nvho will
perform at the Adult-Oriented Business, who are required by Section 8.76.090 to obtain an Adult-
Oriented Business Performer License.
G. A sketch or diagram showing the interior configuration of the premises, including a
statement of the total floor area occupied by the Adult-Oriented Business. The sketch or diagram
DA43036LE
33
need not be professionally prepared, but must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus or minus six(6) inches.
H. A certificate and straight-line drawing prepared within thirty (_3)0) days prior to
application depicting the building and the portion thereof to be occupied by the Adult-Oriented
Business,and: (1)the property lines of any other Adult-Oriented Business within five hundred(500)
feet of the primary entrance of the Adult-Oriented Business for which a Permit is requested; and (2)
the property lines of any church, school, park, residential zone within one thousand(1,000) feet of
the primary entrance of the Adult-Oriented Business.
I. A diagram of the off-street parking areas and premises entries of the Adult-Oriented
Business showing the location of the lighting system required by Section 8.76.110.
J. If the Chief of Police determines that the applicant has completed the application
improperly, the Chief of Police shall promptly notify the applicant of such fact and, on request of
the applicant, grant the applicant an extension of time of ten (10) days or less to complete the
application properly. In addition,the applicant may request an extension,not to exceed ten(10)days,
of the time for the Chief of Police to act on the application. The time period for granting or denying
a Permit shall be stayed during the period in which the applicant is granted an extension of time.
K. The fact that an applicant possesses other types of state or City permits or licenses
does not exempt the applicant from the requirement of obtaining an Adult-Oriented Business
Regulatory Permit.
8.76.060. Investigation and Action on Application.
34
A. Upon receipt of a completed application and payment of the application and pen-nit
fees, the Chief of Police shall immediately stamp the application as received and promptly
investigate the information contained in the application to determine whether the applicant shall be
issued an Adult-Oriented Business Regulatory Permit,
B. Within thirty (30) days of receipt of the completed application, the Chief of Police
shall complete the investigation, grant or deny the application in accordance with the provisions of
this Section, and so notify the applicant as follows:
(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
(2) If the application is denied,the Chief of Police shall attach to the application
a statement of the reasons for denial.
(3) If the application is granted.the Chief of Police shall attach to the application
an Adult-Oriented Business Regulatory Permit.
(4) The application as granted or denied and the Permit, if any, shall be placed
in the United States mail. first class postage prepaid, addressed to the applicant at the address stated
in the application.
C. The Chief of Police shall grant the application and issue the Adult-Oriented Business
Regulatory Permit upon findings that the proposed business meets the locational criteria of Section
DA13,030LE
35
18.226-030, and that the applicant has met all of the development and performance standards and
requirements of Section 8.76.130 of this Code, unless the application is denied for one or more of
the reasons set forth in Section 8.76.070. The Permittee shall post the Permit conspicuously in the
Adult-Oriented Business premises.
D. If the Chief of Police grants the application or if the Chief of Police neither grants
nor denies the application within thirty(30)days after it is stamped as received(except as provided
in Section 8.76.050),the applicant may begin operating the Adult-Oriented Business for which the
Permit was sought,subject to strict compliance with the development and performance standards and
requirements of Section 8.76.130.
8.76.070. Permit Denial.
A. The Chief of Police shall deny the application for any of the following reasons:
(1) The building,structure, equipment,or location used by the business for which
an Adult-Oriented Business Regulatory Permit is required do not comply with the requirements and
standards of the health, zoning, fire and safety laws of the City of Redlands and the State of
California, or with the locational or development and performance standards and requirements of
these regulations.
(2) The applicant, or its employee, agent, partner, director,officer, shareholder
or manager has knowingly made any false, misleading or fraudulent statement of material fact in the
application for an Adult-Oriented Business Regulatory Permit.
DA13030LE
36
(3) An applicant is under eighteen(18) years of age.
(4) The required application fee has not been paid.
(5) The Adult-Oriented Business does not comply with the zoning ordinance
locational standards, Sections 18.226.030 through 18.226.050 inclusive.
B. Each Adult-Oriented Business Regulatory Permit shall expire one(1) year from the
date of issuance, and may be renewed only by filing with the Chief of Police a written request for
renewal,accompanied by the Annual Permit Fee and a copy of the Permit to be renewed. The request
for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When
made less than thirty (30) days before the expiration date, the expiration of the Permit will not be
stayed. Applications for renewal shall be acted on as provided herein for action upon Applications
for Permits.
8.76.080. Transfer of Adult-Oriented Business Regulatory Permits.
A. A permittee shall not operate an Adult-Oriented Business under the authority of an
Adult-Oriented Business Regulatory Permit at any place other than the address of the Adult-Oriented
Business stated in the application for the Permit.
B. A permittee shall not transfer ownership or control of an Adult-Oriented Business or
transfer an Adult-Oriented Business Regulatory Permit to another person unless and until the
transferee obtains an amendment to the Permit from the Chief of Police stating that the transferee
is now the permittee. Such an amendment may be obtained only if the transferee files an application
t)JM'-030[-E
37
with the Chief of Police in accordance with Sections 8.76.040 and 8.76.050, accompanies the
application with a transfer fee in an amount set by resolution of the City Council, and the Chief of
Police determines in accordance with Section 8.76.060 that the transferee would be entitled to the
issuance of an original Permit.
C. No Permit may be transferred when the Chief of Police has notified the permittee that
the Permit has been or may be suspended or revoked.
D. Any attempt to transfer a permit either directly or indirectly in violation of this section
is hereby declared void, and the Permit shall be deemed revoked.
8.76.090. Adult-Oriented Business Performer Permit
A. No person shall engage in or participate in any live performance depicting specified
anatomical areas or involving specified sexual activities in an Adult-Oriented Business without a
valid Adult-Oriented Business Performer Permit issued by the City. All persons who have been
issued an Adult-Oriented Business Regulatory Permit shall promptly supplement the information
provided as part of the application for the Permit required by Section 8.76.040,with the names of
all Performers required to obtain an Adult-Oriented Business Performer Permit, within thirty(30)
days of any change in the information originally submitted. Failure to submit such changes shall be
grounds for suspension of the Adult-Oriented Business Regulatory Permit.
B. The Chief of Police shall grant, deny and renew Adult Business Employee Permits.
C. The application for a Permit shall be made on a form provided by the Chief of Police.
DJM303OLE
38
An original and two copies of the completed and sworn permit application shall be filed with the
Chief of Police.
D. The completed application shall contain the following information and be
accompanied by the following documents:
(1) The applicant's legal name and any other names(including"stage names" and
aliases) used by the applicant,
(2) Age, date and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Whether the applicant has ever been convicted of:
(i) Any of the offenses set forth in Sections 315,15, 316, 266a, 266b, 266c,
266e. 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections
now exist or may hereafter be amended or renumbered.
(ii) The equivalent of the aforesaid offenses outside the State of California.
(6) Whether such person is or has ever been licensed or registered as a prostitute,
or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other
DAV030LE
39
jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a
prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a
statement shall be submitted giving the place of such registration, licensing or legal authorization,
and the inclusive dates during which such person was so licensed,registered,or authorized to engage
in prostitution.
(7) State driver's license or identification number;
(8) Satisfactory written proof that the applicant is at least eighteen(18)years of
age,
(9) The applicant's fingerprints on a form provided by the Police Department,and
a color photograph clearly showing the applicant's face. Any fees for the photographs and
fingerprints shall be paid by the applicant;
(10) If the application is made for the purpose of renewing a License,the applicant
shall attach a copy of the License to be renewed.
E. The completed application shall be accompanied by a nonrefinidable application fee.
The amount of the fee shall be set by resolution of the City Council.
F. Upon receipt of an application and payment of the application fees, the Chief of
Police shall immediately stamp the application as received and promptly investigate the application.
G. If the Chief of Police determines that the applicant has completed the application
DA43033OLE
40
improperly, the Chief of Police shall promptly notify the applicant of such fact and grant the
applicant an extension of time of not more than ten(10) days to complete the application properly.
In addition,the applicant may request an extension, not to exceed ten (10) days, of the time for the
City Manager to act on the application. The time period for granting or denying a Permit shall be
staved during the period in which the applicant is granted an extension of time.
8.76.100. Investigation and Action on Application.
A. Within five (5)days after receipt of the properly completed application, the Chief of
Police shall grant or deny the application and so notify the applicant as follows:
(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
(2) If the application is denied,the Chief of Police shall attach to the application
a statement of the reasons for denial.
(3) If the application is granted,the Chief of Police shall attach to the application
an Adult-Oriented Business Employee Permit.
(4) The application as granted or denied and the Permit, if any, shall be placed
in the United States mail, first class postage prepaid, addressed to the applicant at the residence
address stated in the application.
B. The Chief of Police shall grant the application and issue the Permit unless the
41
application is denied for one or more of the reasons set forth in subsection(d)of this section.
C. If the Chief of Police grants the application or if the Chief of Police neither grants
nor denies the application within five (5)days after it is stamped as received (except as provided in
Section 8.76.050, the applicant may begin performing in the capacity for-which the License was
sought.
D. The Chief of Police shall deny the application for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, or fraudulent
statement of a material fact in the application for a Permit or in any report or document required to
be filed with the applications-,
(2) The applicant is under eighteen(18) years of age;
(3) The Adult-Oriented Business Employee Permit is to be used for performing
in a business prohibited by State or City law.
(4) The applicant has been registered in any state as a prostitute.
(5) The applicant has been convicted of any of the offenses enumerated in Section
8.76.050 or convicted of an offense outside the State of California that would have constituted any
of the described offenses if committed within the State of California. A Permit may be issued to any
person convicted of the described crimes if the conviction occurred more than five(5) years prior
to the date of the application.
42
E. Each Adult-Oriented Business Performer Permit shall expire one(1)year from the
date of issuance and may be renewed only by filing with the Chief of Police a written request for
renewal, accompanied by the application fee and a copy of the Permit to be renewed. The request
for renewal shall be made at least thirty (30) days before the expiration date of the Permit. When
made less than thirty (30) days before the expiration date., the expiration of the Permit will not be
stayed. Applications for renewal shall be acted on as provided herein for applications for Permits.
8.76.110. Suspension or Revocation of Adult-Oriented Business Regulatory Permits and
Adult-Oriented Business Performer Permits.
An Adult-Oriented Business Regulatory Permit or Adult-Oriented Business Employee Permit
may be suspended or revoked in accordance with the procedures and standards of this Section.
A. On determining that grounds for Permit revocation exist, the Chief of Police shall
furnish written notice of the proposed suspension or revocation to the Permittee. Such notice shall
set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based,
the pertinent Code sections, and a brief statement of the factual matters in support thereof. The
notice shall be mailed.
.postage prepaid,addressed to the last known address of the Permittee,or shall
be delivered to the Permittee personally, at least ten (10) days prior to the hearing date. Hearings
shall be conducted in accordance with procedures established by the Chief of Police, but at a
minimum shall include the following:
(1) All parties involved shall have a right to offer testimonial,documentary,and
tangible evidence bearing on the issues- may be represented by counsel: and shall have the right to
confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of
DA 1303OL-E
43
evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.
Any hearing under this Section may be continued for a reasonable time for the convenience of a
party or a witness The Chief of Police's decision may be appealed in accordance with Section
8.76.120.
B. A Permittee may be subject to suspension or revocation of a Permit, or be subject to
other appropriate disciplinary action, for any of the following causes arising from the acts or
omissions of the Permittee, or an employee, agent, partner, director, stockholder or manager of an
Adult-Oriented Business:
(1) The Permittee has knowingly made any false, misleading or fraudulent
statement of material facts in the application for a Permit, or in any report or record required to be
filed with the City.
(2) The Permittee, employee, agent, partner, director, stockholder, or manager
of an Adult-Oriented Business has knowingly allowed or permitted, and has failed to make a
reasonable effort to prevent the occurrence of any of the following on the premises of the Adult-
Oriented Business, or in the case of an Adult-Oriented Business Performer, the permittee has
engaged in one of the activities described below while on the premises of an Adult-Oriented
Business:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation, or
masturbation.
(b) Use of the establishment as a place where unlawful solicitations for
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sexual intercourse, sodomy. oral copulation, or masturbation openly occur.
{c) Any conduct constituting a criminal offense which requires registration
under Section 290 of the California Penal Code.
(d) The occurrence of acts of lewdness, assignation, or prostitution.,
including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of
Section 647 of the California Penal Code.
(e) Any act constituting a violation of provisions in the California Penal
Code relating to obscene matter or distribution of harmful matter to minors,including but not limited
to Sections 311 through 313.4
(f) Any conduct prohibited by this Chapter.
(3) Failure to abide by an disciplinary action previously imposed by an
appropriate City official.
C. After holding the hearing in accordance with the provisions of this Section, if the
Chief of Police finds and determines that there are grounds for disciplinary action,based upon the
severity of the violation, the Chief of Police shall impose one of the following:
(1) A warning,
(2) Suspension of the Permit for a specified period not to exceed six months-,
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(3) Revocation of the Permit.
8.76.120. Appeal of Denial, Suspension or Revocation.
After denial of an application for an Adult-Oriented Business Regulatory Permit or an Adult-
Oriented Business Performer Permit, or after denial of renewal of a Permit, or suspension or
revocation of a Permit,the applicant or person to whom the Permit was granted may seek review of
such administrative action by the hearing officer in accordance with the provisions of 18.226.050
of this Code. If the denial, suspension or revocation is affirmed on review, the applicant, Permittee
may seek prompt Judicial review of such administrative action pursuant to California Code of Civil
Procedure Section 1094.5. The City shall make all reasonable efforts to expedite Judicial review, if
sought by the Permittee.
8.76.130 Adult-Oriented Business Development and Performance Standards.
Adult-Oriented Businesses shall comply with the following development and performance
standards:
A. 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 Redlands.
B. No Adult-Oriented Business shall be operated in any manner that permits the
observation of any material or activities depicting, describing or relating to "Specified Sexual
Z__
Activities" or"Specified Anatomical Areas" from any public way or from any location outside the
DJ? I030LE
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building or area of such establishment. This provision shall apply to any display, decoration, sign,
show window or other opening. No exterior door or window on the premises shall be propped or
kept open at any time while the business is open, and any exterior windows shall be covered with
opaque covering at all times.
C. All off-street parking area and premise entries of the sexually oriented business shall
be illuminated from dusk to closing hours of operation with a lighting system which provides an
average maintained horizontal illumination of one (1) foot candle of light on the parking surface
and/or walkways.The required lighting level is established in order to provide sufficient illumination
of the parking areas and walkways serving the sexually-oriented business for the personal safety of
patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting
shall be shown on the required sketch or diagram of the premises.
D. The premises within which the Adult-Oriented Business is located shall provide
sufficient sound-absorbing insulation so that noise generated inside said premises shall not be
audible anywhere on any adjacent property or public right-of-way or within any other building or
other separate unit within the same building.
E. Except for those businesses also regulated by the California Department of Alcoholic
Beverage Control. an Adult-Oriented Business shall be open for business only between the hours
of 10:00 a.m. and 2:00 a.m. of the following day.
F. The building entrance to an Adult-Oriented Business shall be clearly and legibly
posted with a notice indicating that persons under eighteen (18) years of age are precluded from
entering the premises. Said notice shall be constructed and posted to the satisfaction of the
L)JM30301-E 47
Community Development Director or his or her designee. No person under the age of eighteen(18)
years shall be permitted within the premises at any time.
G. All indoor areas of the Adult-Oriented Business within which patrons are permitted,
except restrooms, shall be open to view by the management at all times.
H. Any adult-oriented business which is also an "adult arcade," shall comply with the
following provisions:
(1) The interior of the premises shall be configured in such a manner that there
is an unobstructed view from a manager's station of every area of the premises to which any patron
is permitted access for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two or more manager's stations designated, then the
interior of the premises shall be configured in such a manner that there is an unobstructed view of
each area of the premises to-which any patron is permitted access for any purpose from at least one
of the manager's stations. The view required in this subsection must be direct line of sight from the
manager's station.
(2) The view area specified in subsection (5) shall remain unobstructed by any
doors, walls, merchandise, display racks, or other materials at all times. No patron is permitted
access to any area of the premises which has been designated as an area in-which patrons will not
be permitted.
(3) No viewing room may be occupied by more than one person at any one time.
DJM303OLF
48
(4) The walls or partitions between viewing rooms or booths shall be maintained
in good repair at all times, with no holes between any two such rooms such as would allow viewing
from one booth into another or such as to allow physical contact of any kind between the occupants
of any two such booths or rooms.
(5) Customers, patrons or visitors shall not be allowed to stand idly by in the
vicinity of any such video booths, or from remaining in the common area of such business, other
than the restrooms,who are not actively engaged in shopping for or reviewing the products available
on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in
and near the video booths.
(6) The floors, seats,walls and other interior portions of all video booths shall be
maintained clean and free from waste and bodily secretions. Presence of human excrement, urine,
semen or saliva in anv such booths shall be evidence of improper maintenance and inadequate
sanitary controls;repeated instances of such conditions may justify suspension or revocation of the
owner and operator's license to conduct the adult-oriented establishment.
1. All interior areas of the Adult-Oriented Business shall be illuminated at a minimum
of the following foot-candles, minimally maintained and evenly distributed at ground level:
Area Foot-Candles
Bookstores and other retail establishments 20
Theaters and cabarets 5 (except during performances, at
which times lighting shall be at least
1.25 foot-candles)
49
Arcades 10
Motels"Ilotels 20 (in public areas)
Modelling studios 20
J. The Adult-Oriented Business shall provide and maintain separate restroom facilities
for male patrons and employees, and female patrons and employees. Male patrons and employees
shall be prohibited from using the restroom(s)for females, and female patrons and employees shall
be prohibited from using the restroom(s)for males, except to carry out duties of repair,maintenance
and cleaning of the restroom facilities. The restrooms shall be free from any Adult Material. Rest
rooms shall not contain television monitors or other motion picture or video projection, recording
or reproduction equipment. The foregoing provisions of this Section shall not apply to an Adult-
Oriented Business which deals exclusively with sale or rental of Adult Material which is not used
or consumed on the premises, such as an Adult Bookstore or Adult Video Store,and which does not
provide restroom facilities to its patrons or the general public.
K. The following additional requirements shall pertain to Adult-Oriented Businesses
providing live entertainment depicting Specified Anatomical areas or involving Specified Sexual
Activities, except for businesses regulated by the Alcoholic Beverage Control Commission:
(1) No person shall perform live entertainment for patrons of an Adult-Oriented
Business except upon a eighteen stage at least
t� ghteen (18) inches above the level of the floor which is
separated by a distance of at least ten (10) feet from the nearest area occupied by patrons, and no
patron shall be permitted within ten (10) feet of the stage while the stage is occupied by an
DJM3030LF
50
entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of
the Adult-Oriented Business, or any person who, with or without any compensation or other form
of consideration,performs live entertainment for patrons of an Adult-Oriented Business.
(2) The Adult-Oriented Business shall provide separate dressing room facilities
for entertainers which are exclusively dedicated to the entertainers' use.
(3) The Adult-Oriented Business shall provide an entrance/exit for entertainers
which is separate from the entrance/exit used by patrons.
(4) The Adult-Oriented Business shall provide access for entertainers between
the stage and the dressing rooms which is completely separated from the patrons. If such separate
access is not physically feasible,the Adult-Oriented Business shall provide a minimum three(3)foot
wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence
or other barrier separating the patrons and the entertainers capable of(and which actually results in)
preventing any physical contact between patrons and entertainers.
(5) No entertainer,either before,during or after performances,shall have physical
contact With any patron and no patron shall have physical contact with any entertainer either before,
during or after performances by such entertainer. This subsection shall only apply to physical
contact on the premises of the Adult-Oriented Business.
(6) Fixed rail(s) at least thirty (30) inches in height shall be maintained
establishing the separations between entertainers and patrons required by this subsection.
DIM30Y)LE 51
(7) No patron shall directly pay or give any gratuity to any entertainer and no
entertainer shall solicit any pay or gratuity from any patron.
(8) No owner or other person with managerial control over an Adult-Oriented
Business (as that term is defined herein) shall permit any person on the premises of the Adult-
Oriented Business to engage in a live showing of the human male or female genitals,pubic area or
buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully
opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernible
turgid state. This provision may not be complied with by applying an opaque covering simulating
the appearance of the specified anatomical part required to be covered.
L. Adult-Oriented Businesses shall employ security guards in order to maintain the
public peace and safety, based upon the following standards:
(1) Adult-Oriented businesses featuring live entertainment shall provide at least
one (1) security guard at all times while the business is open. If the occupancy limit of the premises
is greater than thirty-five (35) persons, an additional security guard shall be on duty.
(2) Security guards for other Adult-Oriented Businesses may be required if it is
determined by the Chief of Police that their presence is necessary in order to prevent any of the
conduct listed in Section 8.76.110 from occurring on the premises.
(3) Security guard(s) shall be charged with preventing violations of IaNv and
enforcing compliance by patrons of the requirements of these regulations. Security guards shall be
uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall
DJM3030Lr 52
be duly licensed as a security guard as required by applicable provisions of state law. No security
guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker,
admittance person, or sole occupant of the manager's station while acting as a security guard.
The foregoing applicable requirements of this Section shall be deemed conditions of Adult-
Oriented Business Regulatory Permit approvals, and failure to comply with every such requirement
shall be grounds for revocation of the Permit issued pursuant to these regulations.
8.76.140 Register and Permit Number of Employees.
Every permittee of an Adult-Oriented Business which provides live entertainment depicting
specified anatomical areas or involving specified sexual activities must maintain a register of all
persons so performing on the premises and their permit numbers. Such register shall be available
for inspection during regular business hours by any police office or health officer of the City.
8.76.150 Display of Permit and Identification Cards.
A. Every Adult-Oriented Business shall display at all times during business hours the
permit issued pursuant to the provisions of this chapter for such Adult-Oriented Business in a
conspicuous place so that the same may be readily seen by all persons entering the Adult-Oriented
Business.
B. The Chief of Police shall provide each Adult-Oriented Business Performer required
to have a Permit pursuant to this Chapter. with an identification card containing the name, address,
photograph and permit number of such performer.
WM303,0LE 53
C. An Adult-Oriented Business Performer shall have such card available for inspection
at all times during which such person is on the premises of the Adult-Oriented Business.
8.76.160 Employment of and Services Rendered to Persons Under the Age of Eighteen
(18) Years Prohibited.
A. It shall be unlawful for any permittee, operator, or other person in charge of any
Adult-Oriented Business to employ, or provide any service for which it requires such permit, to any
person who is not at least eighteen (18) years of age.
B. It shall be unlawful for any permittee, operator or other person in charge of any
Adult-Oriented Business to permit to enter, or remain within the Adult-Oriented Business, any
person who is not at least eighteen years of age.
8.76.170 Inspection.
An applicant or Permittee shall permit representatives of the Police Department, Health
Department, Fire Department, Community Development Department or other City departments or
agencies to inspect the premises of an Adult-Oriented Business for the purpose of insuring
compliance with the law and the development and performance standards applicable to Adult-
Oriented Businesses, at any time it is occupied or opened for Business. A person who operates an
Adult-Oriented 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.
DMI030LE
54
8.76.180 Regulations Nonexclusive,
The provisions of this article regulating Adult-Oriented Businesses are not intended to be
exclusive and compliance therewith shall not excuse noncompliance with any other regulations
pertaining to the operation of businesses as adopted by the City Council.
8.76.190. Employment of Persons Without Permit Unlawful.
It shall be unlawful for any owner, operator,manager, or permittee in charge of or in control
of an Adult-Oriented Business which provides live entertainment depicting specified anatomical
areas or involving specified sexual activities to allow any person to perform such entertainment who
is not in possession of a valid, unrevoked Adult-Oriented Business Performer Permit.
8.76.200. Time Limit For Filing Application for Permit.
All persons who possess an outstanding business license heretofore issued for the operation
of an Adult-Oriented Business and all persons required by this Chapter to obtain an Adult-Oriented
Business Performer Permit, must apply for and obtain such a permit within ninety(90) days of the
effective date of this Chapter. Failure to do so and continued operation of an Adult-Oriented
Business, or the continued performances depicting specified anatomical areas or specified sexual
activities in an Adult-Oriented Business after such time without a permit shall constitute a violation
of this Chapter.
9.76.210 Severability.
DJM103,0LF 55
If anv section, subsection, subdivision,paragraph, sentence, clause,or phrase in this chapter
or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction,such decision shall not affect the validity or effectiveness of the remaining
portions of this chapter or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that any one (1) or more subsection, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid, or ineffective.
Section 4. California Environmental Quality Act Finding.
The City Council finds that this ordinance is enacted in order to mitigate the threat posed to
the public peace, health, and safety by Adult-Oriented Businesses. In this regard, the findings set
forth in Section I of this ordinance are incorporated herein by reference. This ordinance provides
for the amendment of existing regulations applicable to Adult-Oriented Businesses of,_and, for the
first time, zoning regulations which are specifically applicable to Adult-Oriented Business uses.
Such uses are already allowed under the City's existing zoning regulations. Therefore,it can be seen
with certainty that there is no possibility that this ordinance may have a significant adverse effect
on the environment,and therefore the adoption of this ordinance is exempt from CEQA pursuant to
Section 15061 (b) (3) of the State CEQA guidelines.
DJ 030L 56
Section 5. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City and thereafter this
ordinance shall take effect as provided by law.
Mayor of the Ci , of Redlands
ATTEST:
ity Jerk
1, Lorrie Poyzer, City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 6th day of May, 1997, by
the following vote:
AYES: Councilmembers Gilbreath, Cunningham, Gil, Banda; mayor Larson
NOES: None
ABSTAIN: None
ABSENT: None
-177�1t�,Cl k of 17heS"yRedlands
DJM-0350LE
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