Loading...
HomeMy WebLinkAboutORD NO 3529ORDINANCE NO. 3529 AN ORDINANCE AMENDING CHAFi'~ 5.06 OF 'i'~u~ BAKERSFI~.~ MUNICIPAL CODE RELATING TO ADULT EBT~£AINNRNT BUSINESSES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTIC~ 1. Chapter 5.06 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 5.08 ADULT RBT~TAINNENT BUSINESSES 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 Definitions. Permits required. Business permit application - Issuance - Fee. Managerial permit application - Issuance - Fee. Renewal. Regulations. Abatement. Revocation. Appeal. 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 bookstore, adult motion picture theater, adult motion video arcade, or adult live entertainment theater. any adult picture or 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 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 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. B. Managerial permits are not required except to the extent that the business permit-holder desires various individuals to be licensed as manager. 2 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); business; e The name, mailing address and location of the 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; older; and That the applicant is eighteen years of age or 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 Subsection, "applicant" includes all persons designated in Subsection (A)(1) of this Section. C. If the city manager or his designee determine that the applicant has failed to meet any of the criteria of 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, - 3 - ~ ~ ORIGINAL within fifteen days of submittal of the application. Failure to so notify the applicant within the allotted time or failure to make the findings set forth in subsection B above within the allotted time shall be deemed a grant 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 Managerial ~ermit a~lication - Issuance - Fee. A. Applications for managerial 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; e The name, mailing address and location of the business; 3. The business tax certificate number of the business; and 4. Prior managerial permits held, the dates held, and whether such permits were ever revoked or suspended and the reasons therefor. B. The city manager or his designee shall issue a permit within three days of receipt of the application if he finds: 1. That the application is complete and truthful; 2. That the applicant is eighteen years of age or older; and 3. That the applicant has not had a managerial 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. C. If the city manager or his designee determine that the applicant has failed to meet any of the criteria of 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 or failure to make the findings set forth in subsection B, above, within the allotted time, shall be deemed a grant of the permit. ORIGINAL 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. 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. C. Valid managerialemployee 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. D. Renewal by the city manager or his designee shall not constitute an admission by the city that the permitted business or managerial 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 one of the following persons is present on the premises whenever such establishment is open for business: 1. The business permit-holder; 2. If the business permit-holder is a corporation, any of the corporation officers; or 3. If no person from Category 1 or 2, above, is present, then a person who possesses a valid manager's permit as issued by the City of Bakersfield. B. No permit-holder 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. - 5 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 permit-holder 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 permit-holder 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. E. Any business or managerial 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 managerial 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 permit-holder 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. K. No permit-holder 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. Lo 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. - 6 - ORIGINAL 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. The city attorney may, in addition to, or in lieu of, prosecuting a criminal action under this chapter and section 1.40.010, or revoke 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 revoked by the city manager or his designee whenever he finds that material misrepresentations were made on the application. The revocation shall take effect, absent an appeal, ten (10) days from the date the notice of revocation is deposited in the United States mail, addressed to the permittee, at the address provided on the application. 5.06.090 Ap]3eal. A. Should the 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 (10) 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 (3) weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three (3) 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 ruling of the council following the appeal hearing, and for ten (10) days after notice has been provided to the permit holder of the council's decision, any revoked permit shall remain in full force and effect. 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 .......... ~ %~ ORIGINAL I ~Y C~RTIFYthat the foregoing Ordinance was passed and adopted by the Council of the Cit~ ~akersfield at a regular meeting thereof held on ~AYq , by the following vote: CI~"f CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED ~A¥ 1 2 ~q~ .~5AYOR of the City of Bakersfield APPROVED as to form: ~w~.~ ~. ~.o~u~V~// // / -CITY ATTORNEY of/the City of~Bake~sfield ~ 0RDn~NCE\~D~LTEFf 05/27/93 - S - ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 26th day of May, 1993 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3529, passed by the Bakersfield City Council at a meeting held on the 12th day of May, 1993, and entitled: By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield