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