HomeMy WebLinkAboutORD NO 3350ORDINANCE NO. 3350
AN ORDINANCE OF THE COUNCIL OF
CITY OF BAKERSFIELD AMENDING
CHAPTER 5.06 OF THE
MUNICIPAL CODE RELATING TO ADULT
E~T~TAINI4ENT BUSINESSES.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 5.06 of the Bakersfield Municipal Code is
hereby amended to read as follows:
Chapter 5.06
ADULT
Sections:
5.06.010
5.06.020
5.06.030
5.06.040
5.06.050
5.06.060
Definitions.
Permit required.
Application - Iss,,an~e - Fee.
Regulations.
Revocation.
Appeal.
5.06.010 Definitig.~a.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set forth in
this section shall have the following meanings:
A. "Adult entertainment business" means any adult
bookstore, adult motion picture theater, adult motion picture
arcade, or adult live entertainment theater.
B. "Adult bookstore" means any business selling
or renting books, magazines, periodicals or other printed matter,
photographs, films, motion pictures, slides, tapes, video
cassettes, records or any other form of visual or audio
representation twenty-five percent or more of the stock-in-trade
on display within any such category being characterized by an
emphasis upon the depiction of harmful matter.
C. "Adult motion picture theater" means any
business with the capacity of five or more persons where, for any
form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions in which the
dominant or predominant character and theme is the depiction of
harmful matter is shown on any ten or more days in any thirty
consecutive day period.
D. "Adult motion picture arcade" means any
business wherein coin or token-operated, or electronically,
electrically, or mechanically controlled still or motion picture
machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine,
at any one time, and where the dominant or predominant character
or theme of the images so displayed is depiction of harmful
matter.
E. "Adult live entertainment theater" means any
business with the capacity of five or more persons where, for any
form of consideration, live entertainment in which the dominant
or predominant character and theme is the depiction of harmful
matter takes place on any ten or more days in any thirty
consecutive day period.
F. "Harmful matter" shall have the same meaning
and the same definition as that word is defined in Chapter 7.6 of
Title 9 of Part 1 of the California Penal Code.
G. "Operate" means to own, lease (as lessor or
lessee), rent (as landlord, tenant or agent for the purpose of
representing a principal in the management, rental or operation
of the property of such principal), manage, operate, conduct,
direct, or be employed in an adult entertainment business.
H. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
5.06.020 Permit required.
A. No person shall own, operate, conduct or
maintain an adult entertainment business in the city in violation
of this chapter, or without having first procured and maintained
a valid permit from the city manager or his designee.
B. No person shall be employed in an adult
entertainment business in violation of this chapter, or without
having first procured and maintained a valid permit from the city
manager or his designee.
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5.06.030 Applic&tion - Issuance - Fee.
A. Applications for permits under this section
shall be made on forms to be furnished by the city manager or his
designee, shall be submitted no less than fourteen days prior to
co~aencement of business, shall be signed under penalty of
perjury by the applicant and shall require the following
information:
1. The name, mailing address, title,
telephone number, previously used names, date of birth, sex,
height, weight, eye color, hair color, driver's license number,
social security number, and arrest record, if any, of the
applicant and of all persons who will manage the business and all
persons having a financial interest in the business;
2. The name, mailing address and location of
the business; and
3. The business tax certificate number of
the business.
4. Prior permits held and whether such
permits were ever revoked or suspended and the reasons therefor.
B. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is complete and
truthful;
2. That neither the applicant, nor any of
his employees, nor those having any financial interest in said
business, has been convicted of a crime substantially related to
the qualifications, functions or duties of the business for which
application is made, including, but not limited to, theft,
robbery, burglary, embezzlement, fraud, controlled substances,
prostitution, pandering and extortion, unless he has obtained a
certificate of rehabilitation.
3. That neither the applicant nor any
employee or person having a financial interest in the business
has done any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or
substantially injure another.
4. The building and the business for which
the application is made will be maintained and conducted in
accordance with all laws of the city and the state, including,
but not limited to health, structural soundness, fire safety and
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zoning, and be accessible for inspection by health, fire, police
and zoning officials.
5. That a valid business tax certificate has
been issued for this business.
6. That the applicant is twenty-one years of
age or older.
7. That the applicant has not had a permit,
issued under this section, revoked, unless the city manager finds
that the reasons for such revocation are unrelated to this
application.
C. All permits issued under this chapter shall
remain in effect until December 31 of the calendar year of issue,
unless earlier suspended or revoked. All permits issued under
this chapter and in effect at the time of passage of the
ordinance enacting this chapter, shall remain valid until
December 31 of the year of such enactment, unless earlier
suspended or revoked.
D. The applicant shall pay a fee not to exceed
the cost of processing any such application and inspecting any
such business as set forth in Section 3.70.040.
E. All applicants for a permit pursuant to this
chapter shall be required to be fingerprinted by the Bakersfield
police department.
5.06.040 Regulations.
A. No adult entertainment business shall be
operated unless a permitholder is present on the premises
whenever such establishment is open to business.
B. No permitholder shall operate, or allow to be
operated, any adult entertainment business having any partially
or fully enclosed booth or partially or fully concealed booth.
No exterior door to any adult entertainment busines~ shall be
locked or barred during hours when such business is open to the
public including booths. All booths open to the public shall be
visible from the primary entrance to the hallway or room in which
the booths are located.
C. No person shall enter, be, or remain in any
part of an adult entertainment business while in the possession
of, consuming, using, or under the influence of any alcoholic
beverage, or any drug, and no permitholder shall permit such
person to enter, be, or remain on the premises.
D. No adult entertainment business shall operate
at any time unless there is displayed in a location clearly
visible to the public a valid permit, issued pursuant to the
provisions of this chapter, to so operate.
E. Any permit issued pursuant to this chapter
shall be non-transferrable, and shall be valid only as to the
applicant and location provided on the application for such
permit.
F. No permit shall be issued for, or used in more
than one adult entertainment business.
G. No harmful matter shall be displayed so as to
be visible from any street, sidewalk, parking area or other area
outside the premises.
H. No person under the age of eighteen years
shall enter, be, or remain in any part of an adult entertainment
business, and no permitholder shall permit such person to enter,
be, or remain on the premises of an adult entertainment business.
I. No adult entertainment business shall be
operated in violation of Chapter 9.12 of the Bakersfield
Municipal Code.
J. Anyone performing live entertainment in a live
entertainment theater shall remain no less than fifteen (15) feet
away from patrons of the theater, unless a glass, plastic, or
other similar barrier separates the performer from the patron.
K. It shall be the duty of the permitholder to
notify the administrative vice division of the police department,
and the treasurer's office, in writing, upon the severance of any
employee.
5.06. 050 Abatement.
Any adult entertainment business operated contrary
to the provisions of this chapter or local, state or federal law,
is unlawful and a public nuisance, and the city attorney may, in
addition to or in lieu of prosecuting a criminal action under
this chapter or revoking the permit to operate, commence an
action or actions, proceeding or proceedings for the abatement,
removal and enjoinment thereof in the manner provided by law and
shall take such other steps and shall apply to such other court
or courts as may have jurisdiction to grant such relief as will
abate or remove such adult entertainment business and restrain
and enjoin any person from operating, conducting, or maintaining
an adult entertainment business contrary to the provisions of
this chapter.
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5.06.060 Revocation.
Any permit issued pursuant to this chapter shall
be immediately revoked by the city manager or his designee
whenever he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has been convicted of a
crime substantially related to the qualifications, functions or
duties of the business for which application is made, unless. he
has obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said
permit have been violated, or that the business has been operated
in violation of local, state or federal law.
5 . 06 . 070 AD~-al .
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
permit or to revoke a permit, then said applicant may, no later
than ten days after notice of such decision is deposited in the
United States mail, addressed to the applicant or permittee at
the address provided on the application, make written objection
to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the
filing of the objection with the city clerk. The applicant shall
be given written notice no less than three days prior to said
hearing. The council may, upon said hearing, sustain, suspend or
overrule the decision of the city manager, which decision shall
be final and conclusive.
B. Pending the hearing before the council, the
decision of the city manager shall remain in full force and
effect and any reversal thereof by the city council shall not be
retroactive but shall take effect as of the date of the council's
decision.
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SECTION 2.
This Ordinance shall be posted in accordance with
the City Charter provisions and shall become effective thirty
(30) days from and after the date of its passage.
.......... o0o ..........
I ~E~BY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on APE 1 0 ~991 , by the
following vote:
AYES, COUNCILMEMBERS EDWARDS, DeMOND. SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO
NOES; COUNCILMEMBERS:
ABSENT COUNCILM~MBERS
ABSTAIN: COUNCILMEMBERS
Council of the City of Bakersfield
APPROVED APR ~. 0 199!
CLARENCE E. M~DDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD~
ADULTBU$.ORD
3/20/91
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) $So
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk
of Bakersfield; and that on the 12ch day of April
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No. 3350 passed
City Council at a meeting held on the 10th day of
and entitled:
of the City
, 1991 she
and correct copy of
by the Bakersfield
April 1991 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk