HomeMy WebLinkAboutOrdinances_2423_CCv0001.pdf ORDINANCE NO. 2423
AN URGENCY ORDINANCE OF THE CITY OF 'REDLANDS, AMENDING
CHAPTER 8.76 OF THE RE LANDS MUNICIPAL CODE RELATING TO THE
OPERATION OF ADULT-ORIENTED BUSINESSES AND REPEALING
ORDINANCE NO 2421
WHEREAS,in 1998,the Ninth Circuit Court of Appeals held in Baby Tarry& Company,Compalty,Inc:
Citta of`Los Angeles 154 F.3d 1097(1998)that Las Vegas'sexually-oriented adult entertainment
business permitting process was an invalid and improper"prier restraint"of free speech because an
applicant could not be assured of°"prompt judicial review" of a denial of a permit; and
WHEREAS,on July 14, 1999,the Ninth Circuit Court of Appeals held in 4805 Convoy Inc.
v. City of Scan Diego(1999 SIL 493273 (9th Cir.(Cal))that San Diego's procedures for suspending
and revolting adult entertainment business licenses were inadequate and must include procedural
safeguards, including the Baby Tarry requirement of prompt judicial review; and
WHEREAS, Senate Bill No. 1165 has been enacted as urgency legislation and codified a
Code of Civil Procedure Section 10194.8 "in order for judicial actions or proceedings reviewing the
issuance, revocation, suspension or denialof a permit or rather entitlement for expressive conduct
protected by the First Amendment to the United States Constitution to proceed to hearing and have
a decision rendered in an expeditious manner consistent with Constitutional requirements in view
of the holding in Baby Tam & Comp tty Inc. v City of has Vegas (1998) 154 F°.3d 10337," and
WHEREAS, on;September 7, 1999, the City Council of the City of Redlands ("this City
Council") established a permitting process for the City which attempted to ensure that permit
applications for adult-oriented businesses receive prompt judicial review of any permit denials,
revocations, non.-renewals or suspensions; along with establishing a process for appeal; and
WHEREAS, this City Council desires to ensure that the City is not without locational,
licensing and operational regulations governing the time, place and manner under which adult.-
oriented businesses may be established and operated within the City along with the right for appeal,
by providing for expedited review, including judicial review pursuant to Code of Civil Procedure
Section 1094.8; and
WHEREAS, the purpose for this Ordinance is to make certain technical corrections and
amendments to the City's process for review of denials, suspensions and revocations of adult-
oriented business permits and to clarify certain operational requirements for such business as
contained in the Redlands Municipal Code and amended by Ordinance No, 2421 adopted on
September 7, 1999; and
WHEREAS, the findings and purposes set forth in Ordinance No. 2345, establishing and
regulating zoning regulations applicable to adult-oriented businesses are hereby incorporated by
reference; and
WHEREAS, the provisions of this Ordinance have neither the purpose nor the effect of
imposing a limitation or restriction on the content of communicative materials, including sexually-
oriented materials,nor is the effect of this Ordinance to restrict access by adults to sexually-oriented
materials protected by the First Amendment or to deny access by distributors and exhibitors or
sexually-oriented entertainment to their intended market; and
WHEREAS, nothing in this Ordinance authorizes, legalizes or permits the establishment,
operation or maintenance of any building or use which violates any City law or other 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 recognizes that adult-oriented businesses require special
supervision by the City to protect and preserve the health,safety, morals and welfare of the patrons
of such businesses as well as the citizens of the City, and
FAjm\0t&,URGENCY CVRREN'rord2423,,,vpd
WHEREAS, adult-oriented businesses are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of a casual nature; and
WHEREAS,the concern over sexually transmitted diseases is a legitimate health concern of
the City which demands reasonable regulation of adult-oriented businesses to protect the health and
well-being of its citizens; and
WHEREAS, registration and permitting are legitimate and reasonable means of
accountability to ensure that operators of adult-oriented businesses comply with reasonable
regulations and to ensure that operators do not knowingly allow their establishments to be used as
places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing, documented evidence that adult-oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses around them
and their surrounding residential areas, causing increased crime and the downgrading of property
values; and
WHEREAS, it is recognized that adult entertainment businesses, due to their nature, have
serious objectionable operational characteristics, particularly when they are located in close
proximity to each other,thereby contributing to urban blight and downgrading the quality of life in
the adjacent area; and
WHEREAS, this City Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizenry, protect the citizens from increased
crime, preserve the quality of live, preserve the property values and character of surrounding
neighborhoods and deter the spread of urban blight; and
WHEREAS,it is not the intent of this Ordinance to suppress any speech activities protected
by the First Amendment, but to enact a content-neutral ordinance which -addresses the adverse
F:Idjm'-,OrdkURGENCY CU-RRENT\tTrd2423,k'vpd 3
secondary effects of adult-oriented businesses; and
WHEREAS, it is not the intent of this City Council in adopting this Ordinance to condone
or legitimize the distribution of obscene material, and this City Council recognizes that State lair
prohibits distribution of certain materials;and expects and encourages lav enforcement officials to
enforce state obscenity statutes against such illegal activities within the City; and
WHEREAS, this City Council finds with certainty that there is no possibility that this
Ordinance t ay have a significant effect on the environment because it imposes operational standards
and timing limitations on adult businesses uses and that, as a result, the adoption of this Ordinance
is statutorily exempt from the provisions of the California Environmental Quality Act("CE Ax")
pursuant to CEQA Guidelines § 15061(b)(3). The City Council hereby directs that a Notice of
Exemption be filed by City planning staff in accordance with CEC A Guidelines § 15062; and:-
WHEREAS, Government Code Section 36937(b) authorizes this City Council, by a four-
fifths vote of its members, to adopt an urgency ordinance for the immediate preservation of the
peace,health and safety for the reasons stated herein;
THE CITY COUNCIL CSE THE.CITY OF REDLANDS DOES OAINS AS FOLLOWS:
Section 1. Findings..,
A. The City Council, in adapting this Ordinance, takes legislative notice of the existence,
content and findings of the following studies and cases concerning the existence and regulation of
adverse secondary effects of adult-oriented businesses in other cities. Phoenix, Arizona (1979),
Carden Grove, C:alifo is (1991), Los Angeles,, California (1977), Whittier, California (1978),
Indianapolis, Indiana(1984), Minneapolis, Minnesota(1980); Cleveland, Ohio(1977),Oklahoma
City, Oklahoma (198 ), Amarillo,Texas(1977), Austin, Tex (1986), Beaumont, Texas (1982),
Houston, Texas 1953), Seattle, Washington (1989), Tucson; Arizona(1990), State of Minnesota,,
Attorney General Report (1989), Newport News, Virginia (1996), St. Paul, Minnesota (1987),
Corpus Christi, Texas (1995), National law Center(1995).
13� In developing this Ordinance, the City Council has been mindful of legal principles
relating to regulation of adult businesses,and the City Council does not intend to suppress or infringe
upon any expressive activities protected,by the First Amendment of the United States and California
Constitutions but instead desires to enact reasonable time,place,and manner regulations that address
the adverse secondary effects of adult businesses. The City Council has considered decisions of the
United States Supreme Court regarding local regulation of adult businesses,;including but not limited
to: Young v. American Mfni Theaters, Inc., 427 U.S. 50 (1976), City of Renton v. Plqvtime
Theaters, Inc., 475 U.S. 41 (1986), FWIPBS, Inc. v. Cary of Dallas, 493 U,S. 215 (1990); and
Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), United States Court of Appeals 9th Circuit
decisions, including but not limited to Topanga Press, Inc. v. City ofLos Angeles,989 F.2d 1524
(1993),and Spokane Arcade,Inc., v, City ofSpokaye,75 F. 3d 663(1996),several California cases,
including but not limited to Qv of National City v. Weiner, 3 Cal. 4th 832 (1993), People v-
Sup erior Court,(Lucero)49 Cal. 3d 14 (1989), and City of Vallejo v, Adult Books, 167 Cal.,App.
3d 1169(1985),and other federal cases including Mitchell v. Commission on Adult Entertainment
Establishment(3rd Cir. 1993) 10 F3d 123,Hang On, Inc. v. City ofArlington(5th Cir. 1995)65
F.3d 1248,LakelandLounge v. City oaf Jacksonville(5th Cir. 1992)973 F. 2d 1255;Star Satellite,
Inc. v. City of8ilava(5th Cir. 1986)779 F. 2d 1074,1 arney v. County orf Kenosha(7th Cir, 1996)
86 F3d 692,International Eateries ofAmerica, Inc. v. Broward County(I I th Cir. 1991) 941 F.
2d 1157, U.S. v. Thevis, 665 F. 2d 616 (1982),Kev Inc. v. Kitsap County (9th Cir. 1986) 793 F,
2d 1053,and Colacurcio v. City of Kent 163 F. 3d 545 (9th Cir. 1998).
C. This City Council finds that these studies and decisions (hereinafter the "Studies")
are, in,whole or in part,relevant to the problems addressed by the City of Redlands in enacting this
Ordinance to reaffirm and strengthen the regulation of the adverse secondary effects of Adult
oriented businesses,and more specifically finds that the Studies provide convincing evidence that-
1. Adult oriented businesses are linked to and associated with increases in crime rates
F.`djm%0rd'NURGENCY CURRENIAOrd2421wpd 5
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
concentration of Adult oriented businesses tend to result in the blighting and deterioration of the
areas next to which, and near which, they are located.
3. 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 and violence against
persons and property. The Studies further establish convincing evidence that Adult oriented
businesses which are not regulated as to permissible locations often have a deleterious effect on
nearby businesses and residential areas,causing,among otheradverse secondary effects,an increase
in crime and a decrease in property values.
4. 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 effects
will not cause or contribute to an increase in crime rates or the blighting or deterioration of the areas
in which they are located or surrounding areas. Adult oriented businesses, for example, attract an
undue number oftransients and thus cause nearby residents and businesses to relocate. The need for
such special regulation is based upon the recognition that Adult oriented businesses not only cause
adverse secondary effects but have seriously objectionable operational characteristics,particularly
when they are concentrated under certain circumstances or located in direct proximity to sensitive
uses thereby having a deleterious effect upon adjacent areas. It is the purpose and the intent of this
Ordinance to prevent or mitigate such adverse secondary effects which may be caused by Adult
oriented businesses.
a. Crime rates in areas where adult businesses are closely situated to each other
tend to be higher than in areas in which adult businesses are separated from each other.
b. Areas within close walking distance of single and multiple family dwellings
should be free of adult businesses.
F�'Ajm\0rdAJRGENCY CURREN'I',ord,2423,vvpd 6
C. Adult businesses should be located in specific areas of the City which have
both tangible and physical barriers from sensitive uses such as residences, parks, religious
institutions, day care facilities,and schools.
d. The image of Redlands as an attractive place to reside will be adversely
affected by the presence of adult businesses in close proximity to residential uses,schools,religious
institutions, day care facilities, and parks.
e. The existence of adult businesses in close proximity to residential areas has
been shown in some cities to reduce the property values in those residential areas.
f A reasonable regulation of the location of adult businesses protects int image
of the community and its property values and protects its residents from the adverse secondary
effects of adult businesses, while providing those who desire to patronize adult businesses an
opportunity to do so in appropriate areas in the City.
9. There is substantial evidence that an increase in crime tends to accompany,
concentrate around,and be aggravated by adult businesses, including but not limited to an increase
in the crimes of narcotics distribution and use,prostitution,pandering,and violence against persons
and property. In many cases, criminal activity is linked to individuals have a legal interest in the
ownership of adult businesses. The studies from other cities establish by convincing evidence that
adult 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.
h. Regulations for adult businesses should be developed to prevent deterioration
and/or degradation of the vitality of the community before the problem exists, rather than waiting
for problems to be created.
D4 In enacting this ordinance,this City Council is 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 Amendment of the United States Constitution or by
Article I Section 2 ofthe California Constitution,but instead desires to enact reasonable time,place
and manner regulations that address the adverse secondary effects of Adult oriented businesses.
FAdjwOrd%URGENCY CUMNrwd2423.wpd 7
E. This City Council also finds that locational criteria alone do not adequately protect
the health,safety and general welfare of the citizens of the City,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 businesses are located, this
City Council also takes legislative notice of the facts recited in the cases of Kev, Inc., V. Kusap
County(9th Cir, 1986) 7931*: 2d 1053 and Colacurcio v. City ofKent 1998 WL 848036(9th Cir.),
regarding how live adult entertainment results in adverse secondary effects such as prostitution,drug
dealing, and other law enforcement problems.
F- Zoning, permitting, 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 owners, operators and performers 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.
G. This City Council recognizes the possible harmful effects on children and minors
exposed to the secondary effects of 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. This City Council desires to minimize and control the
adverse secondary effects associated with the operation of Adult oriented businesses and thereby
protect the health,safety,and welfare of the citizens of Redlands;and in particular the health,safety
and welfare of children and minors in the City, protect the citizens from increased crime;preserve
their quality of life, preserve property values and the character of surrounding neighborhoods and
businesses, deter the spread of urban blight and protect against the threat to health from the spread
of communicable and sexually transmitted diseases.
H. Nothing in this Ordinance is intended to authorize, legalize, or permit the
F.'!.djm'i0rdJJRGENCY CURRENJw4423,wpd 8
establishment, operation or maintenance of any business, building or use which violates any
applicable City ordinance or any statute of the State of California relating to public nuisances,
unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the
exhibition or public display thereof. Further, the City Council recognizes the possible harmful
effects on children and minors exposed to the effects of adult businesses and recognizes the need to
enact regulations which will minimize and/or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate matter that
is harmful to minors (i.e., Penal Code § 313 et, seq.) The City Council further takes legislative
notice of the cases that recognize that protection of minors from sexually explicit materials is a
compelling government interest,including Crawford'v. Lungren,96 F.3d 380(9th Cir. 1996),cert.
denied 520 U.S. 1117 (1997) and Berry v. City of Santa Barbara, 40 Cal, App. 4th 1075 (1995).
1. This City Council finds the following in part, based upon its understanding of the
judicial decisions and reports, the Studies and other documents 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 Areas
in Adult oriented businesses, as those terms are defined in the Redlands Municipal Code and this
ordinance,have been found to engage in sexual activities with patrons of Adult oriented businesses
on the sites of the Adult oriented businesses
2. Evidence indicates that the existence of Adult oriented businesses which
permit nudity has been shown in some cities such as Newport Beach, California, to increase the
secondary effects of crime and decreased property values;
3, Evidence has demonstrated that entertainers 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 entertainers in live sex shows;
FJjm'%0rdkURGENCY cuRPLN'rord2423,wpd 9
4. Evidence indicates that entertainers at Adult oriented businesses have been
found to engage in acts of prostitution with patrons of such establishments, and
5. As a result of the above, and, the increase in the incidence of AIDS and
Hepatitis B,which are both sexually transmitted diseases,this City Council has a substantial interest
in adopting regulations which will reduce to the greatest extent possible, the possibility for the
occurrence of casual sex acts at Adult oriented businesses.
J. In regulating nudity and semi-nudity in Adult oriented businesses,this City Council
does not intend to proscribe the communication of erotic messages or any other communicative
element or activity, but rather only to regulate such nudity due to the adverse secondary effects
associated therewith; and
K. 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 furthered by the
regulation of nudity, and
L. While this City Council desires to protect the rights conferred by the United States
and California Constitutions on 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 adverse effects which the Studies have shown to be associated
with the development and operation of Adult oriented businesses, and
M. The City Council,in adopting operational standards,recognizes that these standards
do not preclude reasonable alternative avenues of communication. The City Council takes note of
the proliferation of adult material on the Internet and its availability as an alternative avenue of
communication. The City Council also considers and relies on published decisions examining the
proliferation of communications on the Internet. (Reno v.;American Civil Liberties Union, 521 U.S.
844, 117S.Ct, 2329, 138 L.Ed.2d 874(1 97 [the principle channel through which many Americans
F:Ndjm\ord\URGENCY CURRENrorcU421.vvpd to
now transmit and receive sexually explicit communication is the Internetl; Anheuser-Busch v,
Schmoke, 101 F.3d 325, 329(4th Cir. 1996), cert. denied 520 U.S. 1204(1997)[the Fourth Circuit
rejected a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements
on billboards acknowledging that the Internet is one available channel of communication]; S. v,
Hackings. 129 F.3d 1069(9th Cir. 1997);See also US. v= Thomas, 74 F.3d 701 (6th Cir. 1996),cert
denied 519 US. 820 [recognizing the Internet as a medium for transmission of sexually explicit
material in the context of obscenity prosecutions].) The emergence of the Internet brings with it a
virtually unlimited additional source of adult oriented sexual materials available to interested persons
in every community with a mere keystroke. An adult business no longer has to be "actually"
physically located in a city to be available in the community,
N. The City Council recognizes that as a result of the negative secondary effects
generated by live adult entertainment,a number of courts have upheld distance limitations between
performers and patrons,prohibitions against physical contact between performers and patrons,and
direct payment and receipt of gratuities between performers and patrons at adult businesses that
provide live entertainment, including, but not limited to: Colacurcio v. City of: ent(1998) WL
848036(9th Cir. 1998);-B A, Inc, v. King Couqy 804 F 2 1104, 1110-11 (9th Cir. 1986);Kev,Inc.
v. Kitsap County, 793 F.2d 1091 (9th Cin 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp.
1140(E.D.Tenn. 1995);Parker v. WhitfieldCounty 463 S.E.2d 116(Ga. 1995);and Hang On, Inc.
v� City ofArlington, 65 F.3d 1248 (5th Cir. 1996).
0. The City Council believes that prohibiting physical contact between performers and
patrons at adult businesses,requiring separate entrances for performers from those used for patrons,
requiring separate restrooms for opposite sexes,prohibiting performers from soliciting payment of
gratuities from patrons,and prohibiting the direct payment of gratuities to performers by patrons are
a reasonable and effective means of addressing the legitimate governmental interests of preventing
prostitution, the spread of sexually transmitted diseases, and drug transactions.
P. The City Council finds that an adult business regulatory permitting process and
FAjm,,Ord\URCJFracy CURRENrord2423.wpd 11
performer licensing provisions is a legitimate and reasonable means of ensuring that:
1. Operators of and performers at adult businesses comply with the reasonable
regulations ofthe Code;
2. The recognized secondary impacts of a proposed adult business in a specific location
are mitigated;
3. Adult business operators have specific guidelines with respect to where they can
establish and/or the manner in which they can operate an adult business;
4. The applications for adult business regulatory permits and performer licenses are
handled fairly and expeditiously; and
5. The correct identification of perfanners working in adult businesses occurs so that
the City is able to effectively deploy resources and detect and discourage prostitution and criminal
activity from occurring in and around adult businesses.
Q The City Council further finds that the disclosure of s"-related crimes and other
necessary personal information of applicants is not intended to violate the applicants' privacy
interests..;.) ather,the disclosure ofthe requisite information and the denial,revocation,or suspension
of a permit furthers the City's goal of protecting minors,assuring the correct identification ofpersons
working in adult business establishments, enabling the City to deploy law enforcement resources
effectively and reducing sex-related criminal activity on the premises of adult businesses,including
sex-related offenses to which operators and employees of adult businesses tend to participate,all of
which studies indicate is pervasive. The City also recognizes that disclosure of sex-related crimes
and other necessary personal information of applicants has been upheld against constitutional
challenge,and,accordingly,takes legislative notice ofthe following cases: Tee&Bee vx Cityof West
Allis. 936 F.Supp. 1479 (E.D. Wise, 1996); N.W Enterprises, Inc. v. Cir,of Houston, 1998 WL
F:',djm\0rdJJRGENCY CURRF_N'Pord2423.wpd 12
315917 (S.D. Tex. 1998); Ino Ino v. City o
. fBelle vue, 132 Wash.2d 103, 937 P.2d 154 (1997).
RThis Ordinance is further justified by the fact that without these regulations the City
will be prohibited from furthering its substantial governmental interest in protecting its residents
from the aforementioned pernicious secondary effects the unregulated operation of adult use
businesses create. Further, this Ordinance is necessary for the preservation of the public peace,
health and safety,which isjustified by the fact that the Ninth Circuit's recent decisions in Baby Tam
& Co., Inc., v. City qfLas Vegas, 154 F.3d 1097, 1100(9th Cir. 1998)and 4805 Convoy, Inc. v. City
,f 'ars Diego, 1999 WL 493273 (9th Cir.July 14, 1999)could detrimentally impact the City's ability
to regulate adult use businesses through the permitting process, thereby precluding the City from
furthering its substantial governmental interest in protecting the public from the serious secondary
effects that adult businesses bring to a community.
S. The City Council does not intend to regulate in any area preempted byCalifornia law,
including, but not limited to, regulations of the State Alcohol Beverage Control (ABC).
Lection2. Section 8.76.020 of the Redlands Municipal Code is hereby amended to read as
follows:
"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: "Adult-Oriented Business"
means any one of the following:
""Adult Live Entertainment" shall mean any physical human body activity, whether
performed or engaged in,alone or with other persons, including but not limited to singing,walking,
speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) performer
F:I.qjm',,0r&.URGF.NCY CURREN'rord2423.wpd 13
(including but not limited to a topless and/or bottomless dancers, go-go dancers, exotic dancers,
strippers, or similar performers) exposes to public view, without opaque covering, "specified
anatomical areas";or relates to"specified sexual activities" whether or not the specified anatomical
areas are covered.
9 "Perfori-ner"shall mean a person who is an employee or independent contractor of an
adult business or any other person who, with or without any compensation or other form of
consideration, provides adult live entertainment for patrons of an adult business.
10. "Notice"means written notice given by personal service upon the addressee,or given
by the United States mail,postage prepaid, addressed to the person to be notified at his or her last
known address. Service of such notice shall be effective upon the completion of personal service,
upon the placing the same in the custody of the United States Postal Service."
Section 3. Section 8.76.050J of the Redlands Municipal Code is hereby amended to read
as follows:
"Section 8.76.050 Applications.
J. If the Chief of Police determines that the applicant has completed the application
improperly,the Chief of Police shall, within 10 business days of the filing of the application,notify
the applicant of such fact and, on request of the applicant...
Section 4, Sub-Sections 8.76.060B and 8.76.060D of the Redlands Municipal Code are
F:%djmOrd',,UP.GENCY CURRENrord2423.wpd 14
hereby amended to read as follows:
°"8.76.0+50 Investigation and action on application,
l3. Within ten (10) business days of receipt of the completed application . . .,
D. If the Chief of Police grants the application or if the Chief of Police neither grants nor
denies the application within (10) ten business days after it is stamped as received (except as
provided in Section 8.76.050), ..."'
Section 5. Section 8.76.070B of the Redlands Municipal Code is hereby deleted in its
entirety.
Section 6. Section 8.76.075 is hereby added to the Redlands Municipal Code to read as
follows:
"8.76.075 Permit duration and,renewals.
A. An adult oriented business permit shall be valid for a period of one year from the date
of issuance.
B. An adult-oriented business permit shall be renewed on a year to year basis,provided
that the permittee and the adult oriented business continue to meet the requirements set forth in this
Chapter.A request for permit renewal must be accompanied by a completed adult oriented business
permit application. if said application conforms to the previously approved application and the
adult-oriented business has not changed, the permit shall be renewed by the City's Police Chieffor
another year. An change or alteration in that nature or operation of the adult-oriented business will
require the renewal to be reviewed by the Police Chief in accordance with Section 8.76.070. The
renewal fee for an adult-oriented business permit shall be established by resolution of the Cit
Council."
Section 7. Sob-sections 8.76.090D and 8.76.09OG of the Redlands:Municipal Code are
hereby amended to read as follows;'
"Section 8.76.090Adult-oriented business performer permit.
D. The completed application shall contain the following information and be
accompanied by the following documents-
3. height; weight, hair and eye color, tatoo descriptions and locations,
4. Whether the applicant has ever been convicted of:..
5. State driver's license, social security number, or identification number.
6. The applicant's fingerprints can a form provided by the Police Department,and a color
photograph clearly showing the applicant's face, taken within the last 6 months of the date of the
permit application,....
G" If the Chief of police determines that the applicant has an incomplete or otherwise
invalid application,the Chief ofPolice shall,within ten business days of the filing of the application,
notify the applicant."
Section 8. Section 8.76.1 O Di )of the Redlands Municipal Code is hereby amended t
read as follows:
"Section 8.76.1 Cat? Investigation and action on application.
D.
5.. The applicant has been convicted of any ofthe offenses enumerated in Section
8.76-.1190, or convicted..."
Section 9. Section 5.76.120 is hereby deleted in its entirety and is rewritten to read as
follows:
"8.76.120 Appeal of denial of initial permit..
A Appeal of denial of initial permit.
L Any decision o the ChiefofPolice to issue or deny,a permit may be appealed
to the City Council. Any appeal shall be fled within ten business days following notice of denial,
non-renewal,suspension or revocation by the Chief ofFol ice and shall state the,rounds upon which
review i sought. The appeal hearing will be scheduled for hearing and the City Council will render
a decision all within fourteen days of the filing of the appeal with the City Clerk with the City o
Redlands. At the hearing, all parties shall have;a right to offer testimonial, documentation and
tangible evidence on the issues; may=be represented by legal counsel; and shall have the right to
confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are
accustomed to rely on in the conduct;of serious matters may be admitted.
2. All decisions made by the City Council to issue,deny,a permit subject to this
Chapter, shall become final 5 calendar days of mailing its Notice of Determination After any final
denial, non-.renewable, suspension or revocation of a permit authorized by this Chapter, the
applicant/permittee may seep prompt judicial review of such decision in any Court of competent
jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et.
seq., and pursuant to the expedited judicial review set forth in California Code of Civil procedure
Section 1094.8;.
B Appeal of"Renewal, suspension or revocation of permit.
L Any decision of the Chief of Police to deny, renew, suspend or revoke a
permit may be appealed to the City Council. Any appeal shall be filed within ten business days
following notice of denial, non-renewal, suspension or revocation by the Chief of Police and shall
state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing
and the City Council will render a decision all within fourteen days of the filing of the appeal with
the City Clerk with the City of Redlands. At the hearing, all parties shall have a right to offer
testimonial,documentation and tangible evidence on the issues;maybe represented by legal counsel,
and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which
reasonable persons are accustomed to rely on in the conduct of serious matters may be admitted.
2. If the Police Chief denies a renewal permit,or if a permit has been suspended
or revoked,and the aggrieved applicant/permittee timely commences an appeal to review the validity
of the denial, suspension or revocation, upon written request of the applicant/permittee,the City
shall issue a temporary permit pending the final determination on the appeal. The temporary permit
shall remain in effect throughout the administrative appeal process and for ninety days following
the administrative determination. In the event the applicant/permittee fails or refuses to seek judicial
review within such ninety days,the temporary permit shall thereon expire without further notice and
the applicant/pertnittee shall cease all operations thereunder.Any temporary permit issued pursuant
to this section shall not grant any vested rights to the holder of the temporary permit,
3 All decisions made by the City Council to issue, deny, a permit subject to this
Chapter,shall become final 5 calendar days of mailing its Notice of Determination. After any final
denial, non-renewable, suspension or revocation of a permit authorized by this Chapter, the
applicant/perinittee may seek prompt judicial review of such decision in any Court of competent
jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et.
seq,,and pursuant to the expedited judicial review set forth in California Code of Civil Procedure
Section 1094.8."
aection 10. Section 8.76.1301 of the Redlands Municipal Code is hereby amended to read
as follows:
FAimOrd"URGENCY CURRf.-.NTwd'2)423.wpd 18
"K. The following additional requirements shall pertain to adult-oriented businesses
providing live entertainment depicting specified anatomical areas or involving specified sexual
activities. If the adult business is licensed to sell alcoholic beverages, the permittee shall abide by
the rules and regulations set forth by the California Department of Alcohol Beverage Control(ABC)
and the regulations providedin this Chapter, unless any regulation of this Chapter is preempted by
the ABC, in which case the ABCs regulations shall apply:
1: No person shall perform live entertainment for patrons of an adult-oriented business
except upon a stage at least eighteen inches above the level of the floor which is separated by a
distance of at least ten feet from the nearest area occupied by patrons, and no patron shall be
permitted within ten feet of the stge while the stage is occupied by a performer, as defined in this
Chapter.
2. The adult-oriented business shall provide separate dressing room facilities for
performers, which are exclusively dedicated to the performers' use:
3. The adult-oriented business shall provide an entrance/exit for performers which is
separate from the entrance/exit used by patrons.
4. The adult-oriented business shall provide access for performers 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 thrce-foot wide walk aisle
for performers,between the dressing room area and the stage,with a railing, fence or other barrier
separating the patrons and the performers capable of(and which actually results in)preventing any
physical contact between patrons and performers.
S. No performer,either before,during or after performances,shall have physical contact
with any patron and no patron shall have physical contact with any performer either before, during
or after performances by such performer. This subsection shall only apply to physical contact on the
premises of the adult-ofiented business.
6. Fixed rail(s) at least thirty inches in height shall be maintained establishing the
separations between performer and patrons required by this subsection.
7. No patrons shall directly give any monetary,consideration to any adult entertainer and
F_Adjm'kOrd,URGENCY CURPtNrord24.3,wpd 19
no adult entertainer shall accept any monetary consideration directly from any patrons. Monetary
considerations may be placed in or on receptacles located at least(10)feet from adult entertainers.
8. No performer shall have physical contact with any patron, and no patron shall have
physical contact with any performer,while the performer is performing on the premises. Inaddition,
while on the premises, no performer shall have physical contact with a patron and no patron shall
have physical contact with a performer,which physical contact involves the touching of the clothed
or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region,or female
breast with any part or area of any other person's body either before or after any adult live
entertainment by such performer. This prohibition does not extend to incidental touching. Patrons
shall be advised of the separation and no touching requirements by signs conspicuously displayed
and placed on the barrier between patrons and performers and utilizing red or blackprinting of letters
not less that one(1) inch in size. And, if necessary,patrons shall also be advised of the separation
and no touching requirements by employees or independent contractors of the establishment.
9. No owner or other person with managerial or supervisorial control over an adult-
oriented business as that term is defined in Sections 18.226.020 and 8.76.020) whether or not
featuring adult I ive entertainment as that term is defined in Sections 18.226.020 and 8.76.020)shall
permit any performer or person on the premises of the adult-oriented business to engage in exposure
of the human male or female genitals,pubic area or buttocks withless than a fully opaque coveting,
and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola
and/or covered male genitals in a discernibly turgid state.This provision may not be complied with
by applying an opaque covering simulating the appearance of the specific anatomical part required
to be covered.
10. No operator, entertainer or employee of an adult oriented business shall encourage
or permit a customer upon the premises to touch, caress or fondle the breasts, buttocks, anus or
genitals of any entertainer or employee of the adult-oriented business.
IL The adult-oriented business shall not conduct any massage, acupuncture, body
wrapping, tattooing, acupressure, fortune telling or escort services on the premises,
F4mk0r&URGENCY CURRt'Nr,,ord2423,wpd 20
12. The adult-oriented business shall provide a security system that visually records and
monitors all parking lot areas, at all times that the business is open and occupied for business.
13, User parking areas and doorways of an adult-oriented business shall be unobstructed
so as to allow visibility of these areas from the public right-of-way."
Section 11. Section 8.76.130L of the Redlands Municipal Code is hereby amended to read
as follows:
"Section 8.76.130 Adult-oriented business development and performance standards.
L Adult-oriented businesses shall employ state licensed 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 state licensed security guard at all times while the business is open. If the occupancy limit of
the premises is greater than thirty-five persons,an additional state licensed security guard shall be
on duty."
Section 12. Section 8.76.130M of the Redlands Municipal Code is hereby added to read
as follows-
W. Additional regulations that apply to this Chapter and shall apply to all adult-oriented
businesses as follows:
1. Motion Picture Theaters.
The following additional requirements shall apply to adult motion picture theaters:
A. If the theater contains a hall or auditorium area, the area shall comply with
each of the following provisions:
(i) Have individual, separate seats, not couches,benches, or the like, to
accommodate the maximum number of persons who may occupy the hall or auditorium area;
(ii) Have a continuous main aisle alongside the seating areas in order that
F',,djm\OrdkURGENNCY CURRENrord2423.wpd 21
each person seated in the hall or auditorium area shall be visible from the aisle at all times:
(iii) Have a sign posted in a conspicuous place at or near each entrance to
the hall or auditorium area which lists the maximum number of persons who may occupy the hall
or auditorium area,which number shall not exceed the number of seats within the hall or audiotrium
area, and
B. If an adult motion picture theater is designed to permit outdoor viewing by
patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter
of the establishment so fenced, that the material to be seen by those patrons may not be seen from
any public right-of-way, child day care facility, public park, school, or religious institution or any,
residentially zoned property occupied with a residence."
2. Sign Requirements. All adult businesses shall comply with the following sign
requirements,in addition to those of the Redlands Municipal Code.Should a conflict exist between
the requirements of the Redlands Municipal Code and this subsection, the more restrictive shall
prevail.
a. If an adult business does not serve alcohol, it shall post a notice inside the
establishment, within ten (1 Q) feet of every entrance used by customers for access to the
establishment, stating that persons below the age of eighteen(18)years of age are prohibited from
entering onto the premises or within the confines of the adult business. This notice shall be posted
on a wall in a place of prominence. The dimensions of the notice shall be no less than six(6)inches
by six(6)inches,with a minimum typeface of 25 points. If the adult business serves alcohol,it shall
comply with all notice and posting requirements of the Alcoholic Beverage Control Department.
1 Manager. All adult businesses shall have a responsible person who shall be at least
18 years of age and shall be on the premises to act as manager at all times during which the business
is open, No performer may serve as the manager. The individual(s) designated as the on-site
manager shall provide his/her name to the Police Chief to receive all complaints and be given by the
owner and/or operator the responsibility and duty to address and immediately resolve all violations
taking place on the premises."
FAjnu()rd%tJRfjENCY CURRENT,,ord2423.wpd 22
Section 13, Section 8.76.170 is aniended to read as follows:
"Section 8.76.170 Inspection.
An applicant or permittee shall permit representatives of the Police Department, Health
Department, Fire Department, community development Deaprtment 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
pe it such lawU inspection of the premises at any time it is occupied or open for business. Such
inspections shall be conducted in a reasonable manner."
Section 14. If any section,subsection,sentence,clause,or phrase ofthis,Ordinance is held
for any reason to be unconstitutional, invalid,or ineffective by any court of competent jurisdiction,
the remaining sections,subsections,paragraphs,sentences,clauses,and phrases shall not be affected
thereby. The City Council hereby declares that it would have adopted this Ordinance regardless of
the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be
determined to be unconstitutional, invalid, or ineffective.
Section 15. This ordinance is enacted as an urgency ordinance for the immediate
preservation of the public peace, health and safety as set forth above. It is the purpose of this
ordinance to regulate adult oriented businesses and to promote the health,safety,morals and general
welfare of the citizens of Redlands,and to establish reasonable and uniform regulations to prevent
deleterious location and concentration of adult oriented businesses as an urgency ordinance,and shall
be effective pursuant to Government Code § 36937(b) and shall take effect immediately upon the
date of its adoption.
Section 16, I'lie provisions of this Ordinance shall control with regard to any provisions
of Chapter 18.226 of the Redlands Municipal Code which may be inconsistent with the provisions
of this Ordinance. It is the intent of this City Council to amend or repeal such inconsistent
FA,im0rdNURGENCY CURRENT'ord2423,N%?pd 23
provisions within a reasonable time of the adoption of this Ordinance and in the manner required by
law.
ADOPTED, SIGNED AND APPROVED this 21 st day of September, 1999.
Cunni--
nghalftr,—Mayor
ATTEST:
t( tCr k' Zf�
F:4m10rd\URGENCY CURRENP-ord2423,wpd 24
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
21st day of September, 1999, by the following vote:
AYES: Councilmembers Banda, Gilbreath, George, Freedman;
Mayor Cunningham
NOES: None
ABSENT: None
ABSTAIN: None
Lorrie P zer, C* I rk
City of Redlands_