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.
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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:
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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.
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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.
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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
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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.
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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.
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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
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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