HomeMy WebLinkAboutORD NO 3424ORDINANCE NO. 8 & 2 ~
AN ORDINANCE AMENDING CHAPTER 5.06
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ADULT E~T~KTAINMENT
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:
Sections=
5.06.010
5.06.020
5.06.030
5.06.040
5.06.050
5.06.060
5.06.070
5.06.080
5.06.090
Chapter 5.06
ADULT ENTERTAINMENT BUSINESSES
Definitions.
Permits required.
Business permit application -
Employee permit application -
Renewal.
Regulations.
Abatement.
Revocation.
Appeal.
Issuance - Fee.
Issuance - Fee.
5.06.010 Definitions.
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 or
video 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.
ORIGIN!AL
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 predominant
character and theme is the depiction of harmful matter are shown
on any ten or more days in any thirty consecutive day period.
D. "Adult motion picture or video 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 four or fewer persons per machine, at
any one time, and where the 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 adult entertainment 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. "Live adult entertainment" means 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 the performer or performers expose to public view without
opaque covering the genitals, vulva, pubis, pubic hair, natal
cleft, buttocks, perineum, anus or anal region; or in which any
female performer exposes to public view without opaque covering
any portion of the breast at or below the upper edge of the areola
thereof.
H. "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.
I. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
5.06.020 Permits required.
A. No person shall own or operate an adult
entertainment business in the city in violation of this chapter or
without having first procured and maintained a valid business
permit from the city manager or his designee. Only one permit per
establishment need be obtained pursuant to this Subsection.
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OFIIGIAIAL
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 employee permit from
the city manager or his designee.
5.06.030 Business permit application - Issuance - Fee.
A. Applications for business permits under this
Section shall be made on forms to be furnished by the city manager
or his designee, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The full true name, current mailing address,
title, current telephone number, date of birth, sex, driver's
license number, and social security number of the applicant and of
all persons who will manage the business and all persons having a
financial interest in the business, (except shareholders of a
corporation);
The name, mailing address and location of the
business;
3. The business tax certificate number of the
business; and
such permits
therefor.
4. Prior permits held, the dates held, whether
were ever revoked or suspended and the reasons
B. The city manager or his designee shall issue a
permit within fifteen days of receipt of the application if he
finds:
1. That the application is complete and truthful;
2. The business for which the application is made,
and the building in which such business is to be conducted,
conform to all federal, state and local laws, including, but not
limited to building codes and zoning ordinances, and be accessible
for inspection by city fire, police and building officials;
3. That a valid business tax certificate has been
issued for this business;
4. That the applicant is twenty-one years of age
or older; and
5. That the applicant has not had a permit,
issued under this Section, revoked in the past three years, unless
the city manager finds that the reasons for such revocation are
unrelated to this application. For the purposes of this
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ORIG;INAL
Subsection, "applicant" includes all persons designated in
Subsection (A)(1) of this Section.
C. If the city manager or his designee cannot make the
findings set forth in Subsection B, above, he shall notify the
applicant of the decision to deny the permit. Notice of such
decision shall be sent in writing to the applicant at the mailing
address set forth in the application, within fifteen days of
submittal of the application. Failure to so notify the applicant
within the allotted time shall be deemed a denial of the permit.
D. The applicant shall pay a nonrefundable fee not to
exceed the cost of processing any such application and inspecting
the business as set forth in Section 3.70.040.
5.06.040 Employee ~ermit application - Issuance - Fee.
A. Applications for employee permits under this
Section shall be made on forms to be furnished by the city manager
or his designee, shall be signed under penalty of perjury by the
applicant and shall require the following information:
1. The full true name, current mailing address,
title, current telephone number, date of birth, sex, driver's
license number and social security number of the applicant;
The name, mailing address and location of the
business;
3. The business tax certificate number of the
business; and
4. Prior employee permits held, the dates held,
and whether such permits were ever revoked or suspended and the
reasons therefor.
permit
finds:
B. The city manager or his designee shall issue a
within three days of receipt of the application if he
1. That the application is complete and truthful;
or older; and
That the applicant is twenty-one years of age
3. That the applicant has not had a permit,
issued under this Section, revoked in the past three years, unless
the city manager finds that the reasons for such revocation are
unrelated to this application.
ORIGII~AL
C. If the city manager or his designee cannot make the
findings set forth in Subsection B, above, he shall notify the
applicant of the decision to deny the permit within three days.
Notice of such decision shall be sent in writing to the applicant
at the mailing address set forth in the application, within three
days of submittal of the application. Failure to so notify the
applicant within the allotted time shall be deemed a denial of the
permit.
D. The applicant shall pay a nonrefundable fee not to
exceed the cost of processing any such application as set forth in
Section 3.70.040.
E. At time of application, all applicants for a permit
pursuant to this Section shall submit two passport-size
photographs taken within one month of application.
5.06.050 Permit renewal.
A. All permits issued under this chapter shall remain
in effect until December 31 of the calendar year of issue, unless
earlier revoked.
B. All permits issued under this chapter and in effect
at the time of passage of the ordinance enacting this chapter,
shall remain valid until January 31 of the year of its effective
date, unless earlier revoked.
C. Valid business permits which have neither expired
nor been revoked shall be renewed by the city manager or his
designee upon payment of the fees set forth in Subsection D of
Section 5.06.030.
D. Valid employee permits which have neither expired
nor been revoked shall be renewed by the city manager or his
designee upon payment of the fees set forth in Subsection D of
Section 5.06.040.
E. Renewal by the city manager or his designee shall
not constitute an admission by the city that the permitted
business or employee is in compliance with state or local law at
time of renewal.
5.06.060 Regulations.
A. No adult entertainment business shall be operated
unless a permitholder is present on the premises whenever such
establishment is open for business.
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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 business 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 who, with knowledge
that a person is in the possession of, consuming, using or under
the influence of any alcoholic beverage or any drug, or who fails
to exercise reasonable care in ascertaining that a person is in
the possession of, consuming, using or under the influence of any
alcoholic beverage or any drug, shall permit such person to enter,
be, or remain on the premises.
D. No adult entertainment business shall operate, and
no permitholder shall permit such business to operate, at any time
unless there is displayed in a location clearly visible to the
public a valid business permit to so operate, and all valid
employee permits issued for employment in that adult entertainment
business, issued pursuant to the provisions of this chapter.
E. Any business or employee 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 business or employee 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 who, with knowledge that a person is
a minor, or who fails to exercise reasonable care in ascertaining
the true age of a minor, 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 adult entertainment shall
remain no less than six (6) feet away from patrons, customers or
members of the audience of the business.
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ORIGINAL
K. No permitholder shall permit any physical contact
between a performer of live adult entertainment and any patron,
customer or member of the audience of the adult entertainment
business.
L. It shall be the duty of the business permitholder
to notify the administrative vice division of the police
department, and the treasurer's office, in writing, upon the
severance of any employee.
M. No adult entertainment business shall be conducted
or carried on between the hours of 2:00 a.m. and 6:00 a.m. of any
day.
5.06.070 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 and Section 1.40.010 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.
5.06.080 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager or his designee whenever
he finds:
A. That
application; or
misrepresentations were made on the
B. 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.
5.06.090 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee to deny 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,
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ORIGIk~AL ~
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, and for ten
days thereafter, any revoked permit shall remain in full force and
effect; provided, however, that the revocation of any permit for
violation of a building, electrical or fire code, where the health
and safety of the public is endangered, as determined by the city
manager, shall be effective immediately, and shall remain in
effect until such time as the city council reverses such decision
on appeal.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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ORIGINAl.
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on 0~ 1B 1991 , by the
following vote:
AYES COUNCILMEMBERS: EOWAR~)~, DeMOND, SMITH, BRUNNL PETERSON, McDERMOTT, SALVAGGIO
N~C~.S: COUN,CILMEMBERS'
A.~BENT COUNCILMEMBERS:
ABSTAIN C0UNCILMEMBERS
//' / / //i'
C'rT¥ CI',RRK and R.x Officio Clerk of
Council. of the City of Bakersf±eld
the
APPROVED OEC ~ 8 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
ADULTBUS.O-4
12/17/91
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City Clerk of the City
and that on the 20th day of December 19 91 she
posted on the Bulletin Board at City Hall, a full,
the following: Ord±nance No. 3424
City Council at a meeting held on the 18th
and entitled:
true and correct copy of
, passed by the Bakersfield
day of December , 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK Of the City of Bakersfield
D~PUTY City Clerk