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HomeMy WebLinkAboutORD NO 3956ORDINANCE NO. 3 9 5 6 AN ORDINANCE AMENDING SECTIONS 5.06.010 AND 5.06.060 AND CHAPTER 9,12 OF THE BAKERSFIELD MUNICIPAL CODE AND ADDING SECTIONS 5.06.062, 5.06.064, 5.06.066, 5.06.068 AND 5.06.069 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT BUSINESSES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.06.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 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" and "business" means any adult bookstore, adult motion picture arcade, adult mini-motion picture theater, adult motion picture theater or adult live entertainment theater standing alone or within an adult entertainment business. B. "Adult bookstore" means any business selling or renting novelties, 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, or total of any or all categories, being characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. C. "Adult motion picture arcade" and "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 specified sexual activities or specified anatomical areas. D. "Adult mini-motion picture theater" means any business with a capacity of more than five, but less than fifty persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation is shown on any ten or more days in any thirty consecutive day period. -- Page I of 8 Pages -- E. "Adult motion picture theater" means any business with the capacity of fifty or more persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which material whOse dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation is shown on any ten or more days in any thirty consecutive day period. F. "Adult live entertainment theater" means any business with the capacity of five or more persons where, for any form of consideration, live entertainment takes place on any ten or more days in any thirty consecutive day period. G. "Harmful matter" shall have the same meaning and the same definition as the word is defined in Chapter 7.6 of Title 9 of Part 1 ofthe California Penal Code. H. "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. I. "Permit Holder" means any person who holds a permit to operate and/or manage an adult entertainment business. J. "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. K. "Person" means any individual, partnership, corporation or association of any nature whatsoever. L. "Specified anatomical areas" means and includes any of the following: (1) Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered. M. "Specified sexual activities" means and includes any of the following: (1) The fondling or touching of human genitals, pubic regions, buttocks, anus, or female breasts; or (2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or (3) Masturbation, actual or simulated; or (4) Excretory functions as part of, or in connection with, any of the activities set forth in subsections M1-3. SECTION 2. Section 5.06.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.06,060 Regulations. A. No adult entertainment business shall be operated unless one ofthe following persons is present on the premises whenever it is open for business: -- Page 2 of 8 Pages -- 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. Any adult motion picture arcade shall be operated in accordance with the following: 1. Any adult motion picture arcade for use in any adult entertainment business may be enclosed on three sides only and the open side shall be one hundred percent open and the visibility of the inside of the arcade shall not be otherwise obstructed. All adult motion picture or video arcades open to the public shall be visible from the primary entrance to the hallway or room in which the arcades are located. No license-holder shall cause, permit, or suffer to exist any opening between any adult motion picture or video or live adult entertainment arcade. 2. Any adult live entertainment arcade for use in any adult entertainment business may be enclosed on three sides only and the open side shall be one hundred percent open and the visibility of the inside of the arcade shall not be otherwise obstructed. All adult live entertainment arcades open to the public shall be visible from the primary entrance to the hallway or room in which the arcades are located. There shall be a barrier of plexiglass or similar substance between the entertainer and the patron which shall have no single opening larger than one-half inch in diameter. No license-holder shall cause, permit, or suffer to exist any opening between any adult motion picture arcade. 3. No exterior door on the premises of any adult entertainment business shall be locked or barred during hours when such business is open to the public. Doors on any adult motion picture arcade, adult mini-motion picture theater, and adult live entertainment theater which come into existence within an adult entertainment business after the effective date of this ordinance are strictly prohibited. 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 permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit. F. No business or managerial permit shall be issued for, or used in more than one adult entertainment business. -- Page 3 of 8 Pages -- 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. Anyone performing live adult entertainment shall remain no less than six feet away from patrons, customers or members of the audience of the business. J. 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. K. 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. SECTION 3. Section 5.06.062 of the Bakersfield Municipal Code is hereby added to read as follows: 5.06.062 Access provision. * A. The operator of an adult entertainment business shall not permit any doors, except doors to restrooms and toilet stalls in restrooms on the premises, to be locked or barred during business hours and, in addition, the operator shall be responsible for seeing that any room or area on the premises shall be readily accessible at all times and shall be open to view in its entirety for inspection by any law enforcement officer. An applicant/owner/manager/licensee shall permit law enforcement officers to inspect the premises of the ad ult business for Purpose of ensuring compliance with the law at any time the premises are occupied or open for business. Such inspections shall be conducted in a reasonable manner and shall only be as frequent as necessary. B. A sign setting forth the following information shall be maintained in a conspicuous location in every arcade, theater and room open to the public within the adult business: "This area is subject to inspection by city police or other city officials at any time. Patrons have no expectation of privacy in this or any other area of this establishment." All such signs shall be at least eight inches by ten inches (8" X 10") in size and be printed with dark ink upon a light contrasting background with letters at least one- half inch in height. C. The restrooms shall be free from any adult material. Restrooms shall not contain televisions, monitors or other motion picture or video projections, projectors, recording or reproduction equipment. -- Page 4 of 8 Pages -- This section only applies to the operation 0fan adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, or adult live entertainment theater which comes into existence after the effective date of this ordinance, orto existing adult entertainment businesses which relocate or undergo interior remodeling. SECTION 4. Section 5.06.064 of the Bakersfield Municipal Code is hereby added to read as follows: 5.06.064 Separation of patrons and performers. * A. No person shall perform adult live entertainment except upon a permanently fixed stage which is at least eighteen inches (18,') above the level of the floor, separated by a distance of at least six feet (6') from the nearest area occupied by patrons, and surrounded with a three foot (3') barrier. No patron shall be permitted within six feet (6') of the stage while the stage is occupied by a performer. B. While patrons are present at the establishment, they shall not be allowed to directly touch, fondle, or caress, as those terms are defined in Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), the performers while they are performing. This prohibition does not extend to incidental touching, i.e., non-intentional touching as defined in Kev. Patrons shall be advised of the separation and no-touching requirements by signs placed on the barrier and, if necessary, by employees of the establishment. C. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. D. If patrons wish to tip performers, tips shall be placed in receptacles which shall be located at least six feet (6') from the performance, performer, and the performing area. Patrons shall not throw tips to performers, hand tips directly to the performers, or place tips in the performers' costumes. This section only applies to the operation of an adult bookstore, adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, or adult live entertainment theater which comes into existence after the effective date of this ordinance, or to existing adult entertainment businesses which relocate or undergo interior remodeling. SECTION 5. Section 5.06.066 of the Bakersfield Municipal Code is hereby added to read as follows: 5.06.066 Regulation of arcades. A. The interior of the business which maintains or operates arcades shall be configured in such a manner that there is an unobstructed view from a manager's station Of the entire interior of every amade located on the premises of the business. If the -- Page 5 of 8 Pages -- business has two or more manager stations designated, then the business shall be configured in such a manner that there is an unobstructed view of the entire interior of each arcade located on the premises from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. B. No partially nor fully enclosed or concealed arcade shall be constructed, maintained or operated. No door, screen, curtain or other covering may be attached or installed on any arcade. The view into each arcade from the manager's station may not be blocked or obstructed by merchandise, display racks, equipment or other materials at any time. The unobstructed view must be possible without the assistance of mirrors or other viewing aids. C. No openings or windows of any size or description shall be permitted between arcades. No holes, commonly known as "glory holes," shall be permitted in the walls or partition of an adult arcade. D. The floors, seats, walls, and other interior portions of all arcades shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine or semen in any arcades shall be evidence of improper maintenance and inadequate sanitary controls. E. This section does not apply to restrooms which must be clearly designated as such. SECTION 6. Section 5.06.068 of the Bakersfield Municipal Code is hereby added to read as follows: 5.06.068 Regulations nonexclusive. The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment businesses set forth elsewhere in this code. SECTION 7. Section 5.06.069 of the Bakersfield Municipal Code is hereby added to read as follows: 5.06~069 Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is, for any reason, held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis ordinance. The City Council hereby declares that it would have passed and adopted this ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. -- Page 6 of 8 Pages -- SECTION 8. Chapter 9.12 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 9.12 PUBLIC DECENCY Sections: 9.12.010 Prohibitions. 9.12.010 Prohibitions. Except as provided in Chapters 5.06 and 17.69 of this code, any person who, in places open to the public or places open to the public view, or, who, in public view, engages in "adult live entertainment" or "specified sexual activities," as both are defined in Chapters 5.06 and 17.69 of this code, and/or exposes to public view "specific anatomical areas," as defined in Chapters 5.06 and 17.69 of this code, is guilty of a misdemeanor. -- Page 7 of 8 Pages -- 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. 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 MAR 2 9 ~t~13~l ,' by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~.~,~ CITY CLERK and EX OFFICIO of th~ '~ Council of the City of Bakersfield MAR g9 2008 APPROVED: BOB F~&IO~,,¢ I~ayor CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney BA.~J. ~I'H IL'~.E~I City Attorney BJT:GG:Iaa S:\CO U NCIL\Ords\Adult Ent060&010Amd-Final.rrm -- Page 8 of 8 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 30th day of March , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3956 , passed by the 29th day of March 2000 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE AMENDING SECTIONS 5.06.010 AND 5.06.060 AND CHAPTER 9.12 OF THE BAKERSFIELD MUNICIPAL CODE AND ADDING SECTIONS 5.06.062, 5.06.064, 5.06.066, 5.06.068 AND 5.06.069 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO ADULT ENTERTAINMENT BUSINESSES. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUT~City Clerk ~ S:\DOCU ME N'r~AoPOSTIN G March 30, 2000