HomeMy WebLinkAboutOrdinances_2455_CCv0001.pdf ORDINANCE NO. 2455
AN ORDINANCE OF THE CITE"`OF REDLANDS AMENDING CHAPTER 8.75 OF
THE REDLANDS MUNICIPAL CO E RELATING TO ADULT-ORIENTED
BUSINESSES
RECITALS
WHERE-AS, this City Council recognizes that adult-oriented businesses require special
supervision by the Cite 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
WHEREAS, adult-oriented businesses are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of casual nature; and
WHEREAS, the concern over sexually transmitted disease is a legitimate health concern of
the City which demands reasonable regulation latioh 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,AS, it is recognized that adult-oriented businesses; due to thein 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 equality 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
second effects of adult-oriented businesses; and
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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 law
prohibits distribution of certain materials and expects and encourages law 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 may have a significant effect on the environment because it imposes operational standards
and timing limitations on adult-oriented businesses and that, as a result, the adoption of this
ordinance is statutorily exempt from the provisions of the California Environmental Quality Act
i"CEQA")pursuant to CEQA Guidelines § 15061(b ( }, and that a Notice of Exemption should be
filed by City planning staff in accordance with CEQA Guidelines § 15062; and
WHEREAS, the City Council also recognizes and relies on the findings set forth in the 1986
Attorney General's Report on Pornography in support of this ordinance including, but not limited
to, its recommendation that local governments ban certain features of peep show booths that
facilitate sexual encounters. With respect to booths,these findings include the following: The inside
walls of the booth are typically covered with graffiti and messages, usually of a sexual nature and
consisting of telephone numbers, names, requests and offers for sex acts, anatomical descriptions,
and sketches. Some booths also contain a chart used as an appointment schedule that is utilized to
schedule appointments for sex acts that take place in that particular booth. In some instances,this
arrangement has been used for the solicitation of prostituteA. Many of these booths are equipped
with a hole in the side wall between the booths (also known as a "glory hole")to allow patrons to
engage in anonymous sex. These holes are used for oral and anal sex acts. Inside the booths, the
floors and walls are often wet and sticky with liquid or viscous substances, including semen, urine,
feces,used prophylactics,gels,saliva,or alcoholic beverages. The City reasonably believes that the
description of the illicit sexual activity as noted within the Attorney General's Report is a real
problem and the presence of closed doors is likely to lead to the above described secondary effects;
and
WHEREAS, likewise, the City Council recognizes and relies on the findings set forth in the
May 1990 study conducted by the City of Tucson in support of this ordinance including, but not
limited to, the following findings with respect to booths: Glory holes were present in the walls of
adjoining booths of adult entertainment establishments. These glory holes were used by male
patrons to facilitate sex acts Nvith the occupant ofthe neighboring booth. Investigators found puddles
of semen on the floors and/or hanging on the walls of these booths, Used tissues were also found
in the booth and in the hallways outside the booth. In order to verify the accuracy of their
observations,investigating officers collected samples on two separate occasions, Between.April and
August 1987, investigators collected 26 random samples at eight separate adult entertainment
establishments, Of these 26 samples, the Tucson Police Department Crime Lab reported the 21
(8 1'% tested positive for semen. The second collection occurred between October and December
1988. At that time, investigators collected 27 random samples at ten separate adult entertainment
establishments. Of these 27 samples, 26 (96%) tested positive for semen. This City Council
reasonably believes that the Tucson experience,along with the Attorney General's Report,is relevant
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to the problems associated with closed doors on arcade booths within the Redlands community,and
WHEREAS, this City Council finds that requiring that adult booths be configured in such a
manner so that there is an unobstructed view from the manage?s station and prohibiting closed,
concealed or unobstructed;booths that are occupied by no more than one person at a time reduces
the secondary effects associated with closed booths. Specifically,the provisions pertaining to booths
are necessary to eliminate the masturbation and sexualactivity that are own to occur in closed
known
booths and which present significant health and safety concerns with respect to communicable
diseases, including AIDS. This City Council takes her note of the Ninth Circuit's decision in
Ellivest Stereo 71eatres, Inc., v. Wenner, 681 F.2d 1243 (9th Cir. 1982) and its finding that there is
no constitutional right to unobserved masturbation in a public place; and
WHEREAS, this City Council finds the following,in part based upon its understanding of the
documents and judicial decisions in the public record:
I. 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;
2. As a result of the above, and the increase in incidents of AIDS and Hepatitis B,both of
which are sexually transmitted diseases, the City has a subsiantial 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 businesses;
3. This City Council finds that enclosed or concealed booths and dimly-lit areas within
adult-oriented businesses greatly increase the potential for misuse of the premises, including
potential harm to patrons and performers and 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 and harm to patrons and performers within adult-
oriented businesses, and to facilitate the inspection of the interior of the premises by law
enforcement personnel;
4. This City Council finds that concern over sexually transmitted diseases is a legitimate
health concern ofthe Citywhich demands reasonable regulation of adult-oriented businesses in.order
to protect the health and well-being of the citizens. It is her found that there exists in Redlands
certain commercial establishments or parts thereof which, by reason of their design and use, are
conducive to the spread ofcommunicable diseases found to be ofd nger to persons frequenting such
premises and to the public health,safety,welfare and morals, The public health,safety,welfare and
morals of all persons in the City must be protected by the establishment of standards for such
premises to eliminate the possibility of infection of contagious diseases. Of specific danger is the
sexually transmitted disease AIDS, which is currently found to be irreversible and fatal. The
incidence of this disease is found to occur in discernible population groups, and the risk factors for
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obtaining or spreading the disease are associated with high-risk sexual conduct with multiple
partners. The commercial premises,or parts thereof, which place persons at risk of infection from
this disease, due to their design and use for high-risk sexual conduct, are necessarily subject to
regulation and standards for the prevention of the spread of this'disease and for the protection of
public health, safety, and welfare.
5. This City Council takes notice of the facts recited in Berg v. Health and Hosp. Corp. orf
Marion Counn,, Ind 865 R2, 797, 799(7th Cir. 1989), allowing the removal of doors on booths as
a valid response to a legitimate concern about multiple sexual encounters that facilitated the spread
of AIDS. At the hearing, a professor of microbiology and immunology at the Indiana University
School of Medicine,the State Health Commissioner for the Indiana State Board of Health, and the
acting chief of the Health and Hospital Corporation of Marion County's Bureau of Disease
Prevention/Health Promotion all testified in favor of that ordinance. Among other things, they
testified about the fatal nature of AIDS, the rapid increase in the number of persons afflicted with
the disease nationwide and the great risk of persons becoming infected with the disease by engaging
in high-risk sexual activity(defined by the ordinance as fellatio and anal intercourse)with multiple
partners. Indiana's State Health Commissioner also testified and explained that the State Board of
Health's statewide AIDS prevention plan had recommended to each local health officer that,among
other things,they identify those businesses or establishments operated wholly or in part to provide
opportunities for high-risk sexual behavior and to eliminate the dangers these <establishments
presented to their communities. The Commissioner farther'testified that because high-risk sexual
activity was thought to be the primary factor in the transmission of AIDS, those establishments
where such high-risk sexual activity occurred were places where the likelihood of the disease's
transmission was at its highest;
THE CITY COL JNICIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Section 8.76.010 ofthe Redlands Municipal Code relating to adult-oriented business
permit regulations is amended to read as follows.
"8.76.010 Purpose. It is the purpose of this Chapter to regulate adult-oriented businesses 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
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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.Rather it is,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."
_Section 2. .7 .0 of the Redlands Municipal Code is hereby amended to read as follows:
"8.76.020 Definitions.For the purposes ofthis Chapter,the following words and phrases shall
have the meanings respectively ascribed to them by this section:
A. Adult-Oriented Business, "Adult-oriented business" means any one of the following.-
1. Adult Arcade. The term "adult arcade" as used in this Chapter means an
establishment where, for any form of consideration, one or more still or motion picture projectors,
or similar machines, for viewing by an individual(s) are used to show films, computer generated
images,motion pictures, video cassettes, slides or other photographic reproductions.,a regular and
substantial 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 means an
establislunent that has, on a regular basis, a substantial amount of its stock in books, magazines,
periodicals or otherprinted matter,or ofphotographs,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: (a)regularly features live perfonnanceswhich
are distinguished or characterized by an emphasis upon the display of specified anatomical areas or
specified sexual activities; and/or(b) which regularly features persons who appear serni-nude.
4. Adult Hotel/Motel. The to "adult hotel/motel" as used in this eC.hapter means
a hotel or motel or similar business establishment offering public accommodations for any form of
consideration which: (a)provides a patron or patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes, slides or other photographic
reproductions, a regular and substantial number of which are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas;and(b)rents,leases or lets any room for less than a six-hour period,or rents, leases or lets any
single room more than twice in a twenty-f
. our-hour period.
5. Adult Motion Picture Theater. The term "adult motion picture, theater" as used in
this Chapter means a business establishment where, for any form of consideration, film, computer
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generated images,motion pictures,video cassettes,slides or similar photographic reproductions are
shown,a regular and substantial number of which are distinguished or characterized by an emphasis
upon the depiction or description;of specified sexual activities or specified anatomical areas.
. Adult Business
to .business tablishment or concern that as a rc nlar and substantial course
of conduct operates as an adult bookstore, adult motion picture theater,adult arcade,adult cabaret,
adult motel or hotel or
tb A business establishment or concern which as a regular and substantial course
of conduct offers, sells or distributes materials, products, merchandise; services or entertainment
characterized by an emphasis on matters depicting, describing, or relating to "specified sexual
activities"" or "specified anatomical areas" but not including these uses or activities which are
preempted by State law.
B. "Adult live entertainment"means any physical human body activity,whether performed
or engaged in,alone or with other persons, including but not Bruited to singing,walking,speaking,
dancing,acting,posing, simulating, wrestling or pantomiming, in which the performer(including
but not limited to topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or
similar performers)exposes to public view,without opaque dovering, "specified anatomical areas,"
"orrelates to"specified sexual activities"whether or not the specified anatomical areas are covered.
C. Adult-Oriented Business Operator. "Adult-oriented business operator" (hereinafter
"operator"")means a person who supervises,manages;inspects, directs, or controls the premises of
an adult-oriented business or the conduct or activities occurring on the premises thereof
D Applicant. "Applicant"" means a person:who is required to file an application for a
permit under this Chapter,including an individual owner,managing partner,officer of acorporation
or any outer operator, manager, employee or agent of an adult-oriented business.
B 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.
F. Chief of Police Thief ef of police`" means the Chief" of Police of the City or the
authorized representatives thereof
G Church. The terra "church" as used in this Chapter, means a structure which is used
primarily for religious worship and related religious activities.
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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-orie'nted 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 in this Chapter;
3. The addition of any of the adult-oriented businesses defined in this Chapter to any
other existing adult-oriented business; or
4. The relocation of any such adult-oriented business.
1. Health Officer. "Health Officee' means the Health Officer of the County of an
Bernardino or his/her duly authorized representative.
J. "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 vffective upon the completion of personal service,
or upon the placing the same in the custody of the United States Postal Service.
K. 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
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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.
L. Operate an Adult-Oriented Business.As used in this Chapter"operate an adult-oriented
business" means the supervising, managing, inspecting, directing, or controlling the conduct of
activities of an adult-oriented business or activities within an adult-oriented business.
M. "Performer"means a person who is an employee or independent contractor of an adult
business or any other person who,with orwithout any compensation or other form of consideration,
provides adult live entertainment for patrons of an adult business.
N. Permittee. "Permittee"means the person to whom an adult-oriented business permit is
issued.
0. Person. "Person"means any individual,partnership,co-partnership, firm, association,
joint stock company, corporation or combination of the above in whatever form or character.
P. School.The to "school"as used in this Chapter,means 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 orprotessional institution ofhigher education,including
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a community or union college, college or university.
Q. Serpi-?'dude. "Semi-nude"means a state ofdress 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,
R. Specified Anatomical Areas. As used in this Chapter, "specified anatomical areas"
means and includes any of the following:
1, Bess than: completely and opaquely covered human; genitals or cubic region;,
buttocks;,and female breast below a point immediately above the top of the areola;
and
. 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 beady parts included in
subdivisions I or 2 of this definition.
Specified ,Sexual Activities, As used herein, "specified sexual activities" means and
includes any of the following::
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;,
. Masturbation, actual or simulated;
. Excretory functions. As past of or in connection with any of the other activities'
described in subdivisions I through of this subsection.
T. Substantial Enlargement of an.Adult-Oriented Business. "Substantial enlargement of
an Adult-oriented business"means an increase in the floor areas occupied by the business by more
than fifteen percent, as the floor areas exist on the effective date of the ordinance establishing this
Chapter:"
Section . Section 8.76,030 of the Redlands Municipal Code is hereby amended to read as
follows:
"8.76.030 Permits rewired.
A. It is 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. . y premises in the City, the operation of an
adult-oriented business unless the person( first obtains and continues to maintain in fell .force and
effect a permit from the City herein.rewired..(adult-oriented business regulatory permit).
E. It is unlawful for any person to engage in or participate in any live performance
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depicting specified anatomical areas or involving specified sexual activities in an adult-oriented
business unless the person first obtains and continues in full force and effect a permit from the City.""`
Section-4 Section 8.76.040 of the Redlands Municipal Code is hereby amended to read as
follows:
"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 shall file an application with the Chiefof 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."
Section,5. Section 8.76.050 of the Redlands Municipal Code is hereby amended to read as
follows:
"8.76.050 Applications.
A. Adult-orientedbusiness regulatory permits are nontransferable,except in accordance with
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Section 8.76.080 f0110, All applications shall include the -� ing information:
I. 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 lie or she
is at least eighteen 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.
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 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 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;
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D. A description of the type ofadult-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 trailed;
F. The names of all employees,independent contractors,and otherpersons who will perform
at the adult-oriented business, who are required by Section 8.76.090 to obtain an adult-oriented
business performer permit;
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 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 inches;
H certificate and straight-line drawing prepared within thirty clays prior to application
depicting the building and the portion thereof to be occupied by the adult-oriented business;and:t
the property lines of any other adult-oriented business within five hundred feet of the primary
entrance of'the adult-oriented business for which a permit is requested;and the property lines of
any church, school,park, residential zone within one thousand feet of the primary entrance of the
adult-oriented business; i
I 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 8,76.130;
J. if the Chief of Police determines that the applicant has completed the application
improperly, the Chief of Police shall, within two business days of the filing of the application,
notify the applicant of such fact.
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 regulator
pe iff
Section 6. section 8.76.060 of the Redlands Municipal Code is hereby amended to read as
follows,:
"8.76.060 Investigation and action on application.
A. Upon receipt of completed application and payment of the application and permit fees,
the Chief ofPolice shall immediately stamp the application as received and promptly investigate the
information container) in the application to dete ine whether the applicant shall be issued ars
adult-oriented business regulatory permit.
B. Within ten(10) business days of receipt of the completed application,the Chief fPolice
shall complete the investigation,grant or deny the application in accordance with the provisions of
this section, and so notify the applicant as follows:
is 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 personally
served or 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
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 ten business 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."
_Section 8. Section 8.76.100 of the Redlands Municipal Code is hereby amended to read as
follows:
"8.76.1 Investigation and action on application for adult-oriented business performerpermit.
A. Within two 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,
1 If the application is granted, the Chief of Police shall attach to the application an
adult-oriented business performer 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
I:djmOrd2455
residence address stated in the application.
B. The Chief ofPolice shall grant the application and issue the permit unless the application
is denied for one or more of the reasons set forth in subsection ) 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 two 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 reason:
I. 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 years of age;
. 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;
The applicant has been convicted of any of the offenses enumerated in Section
8.76.090,or convicted of an offense outside the State of California that would have
constituted any of the described offenses iffitted within the Mate of California.
permit may be issued to any person convicted of the described crinins if the
conviction occurred more than five years prior to the date of the application,
E. Each adult-oriented business performer permit shall expire one year from the date of
issuance and may be renewed only by filing with the Chief Police a written request for renewal,
accompanied by the application fee and a copy of the permit to be rencwed.The request for renewal
shall be tirade at least thirty days before the expiration date ofthe permit. Applications for renewal
shall be acted on as provided herein for applications for pewits."
Section.9. Section 8.76.110 of the Redlands Municipal Code is hereby amended to read as
follows.
x"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 perforinerpe it may
be suspended or revolted in accordance with the procedures and standards of this section.
A n determining that grounds forpermit revocation exist,the Chiefof 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
1.dxora45. 12
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 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 beating on the issues; maybe represented by counsel.
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:
L 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. I
2. The adult-oriented business regulatory pertnittee,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 ofany
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
I masturbation;
b. Use of the establishment as a place where unlawful solicitations for 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 harm,ful matter to minors, including
but not limited to Sections 311 through 313.4;
f Any conduct prohibited by this Chapter,
3. Failureto 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
I
of Police finds and determines that there arc grounds for disciplinary action,based upon the severity
of the violation, the Chief of Police shall impose one of the following:
LdjmOrd.1455 13
1. Suspension of the permit for a specified period not to exceed six months;
2. Revocation of the permit."
Section_l . Section 8.76.120 of the Redlands Municipal Code i's hereby amended to read a
follows:
",8µ76,120.Appeal of denial ofinitial permit.
AAppeal of Denial of Initial Permit,
1: Any decision of the Chief ofPolice 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,nonrenewal, 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. At the hearing, all parties shall have a right
to offer testimonial,documentation and tangible evidence on the issues; and may
represented by legal counsel. 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 td issue, deny, a permit subject to this
Chapter, shall immediately become final, After any final denial, nonrenewal,
suspension or revocation of a permit authorized by this Chapter, the
applicant/permittee may seely 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,
1, Any decision of the Chief of Police to deny,renew, suspend or revoke a pe it may
be appealed to the City Council y appeal shall be filed within ten business days
following notice of denial, nonrenewal, suspension or revocation by the Chief of
Police and shall state the, rounds upon which review is sought.;The appeal hearing
will be scheduled for hearing and the City Council will render a decision all with`
fourteen days of the filing of the appeal. Nvith the CityClerk of the City. At the
hearing,all parties shall have a right to offer testimonial,documentation and tangible
evidence on the issues; and may be represented by legal counsel. 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 applicam/permittee timely commences an. appeal to
raajmOM2455 14
It
x!
review the validity of the denial, suspension or revocation, upon written request of
the applicant/permittee, the City shall issue a temporary permit pending: he 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 City Council upholds the Police Chiefs decision,and
the applicant/pennittee fails or refuses to seep,judicial review within such ninety
days, the temporary permit shall thereon expire without further notice and the
applicant,/permittee shall cease all operations thereunder. Any temporary permit
issued pursuant to this section shall:not grana any vested rights to the holder of the
temporary permit.
1 All decisions made by the City Council to issue,renew,nonrenew,suspend,revoke,
or deny a permit subject to this Chapter,shall immediately become final. After any
final denial, nonrenewal, suspension: or revocation of a permit authorized by this
Chapter, the-applicant/perrmittee 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 its California Code of Civil Procedure Section 10 94.8."
Section 12. Section 8.76.130 (D) of the Redlands Municipal Code is hereby deleted in its
entirety and the remaining subsections of this section shall be appropriately renumbered,
Section 13. Section 8.76.130k, 13 of the Redlands Municipal Code is hereby deleted in its
entirety;
Section 14, Section 8.76.130 L of the Redlands Municipal Code is hereby amended to read
as follows:
"L. In order to maintain the public peace and safety, adult-oriented businesses featuring live
entertainment shall provide at least one state licensed security guard at all tunes 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 15. Section 8.76.205 is hereby added to the Redlands Municipal Code to read as
follows-
"8.76.205
ollows;"8. .: t} Monitoring and Enforcement of Adult Requirements.
The Chief ofPolice shall be responsible for monitoring compliance with the provisions of this
chapter and recommending enforcement alternatives to the City Council, Nothing in this chapter
shall have the effect oflimiting the remedies the City may pursue in enforcing the provisions of this
Chapter."
LdimOrd2455 1
e
_ction 16. 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 in accordance with law.
Mayor, City of Redlands
Attest:
i lerk Clerk
L 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 19th day of Sept. ,
2000 by the following vote:
AYES: Councilmembers George, Freedman, 'Peppier, Haws; Mayor Gilbreath
NOES: None
ABSTAIN: None
ABSENT: None
City rk, City og66s
LdimOrd2455 16