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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. - 2 - 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 - 3 - 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. - 5 - 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. - 6 - 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 - 7 - 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