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HomeMy WebLinkAboutORD NO 2486ORDINANCE NO. 2486 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD DELETING CHAPTER 7.28 IN ITS ENTIRETY AND ADDING A NEW CHAPTER 7.28 (ADULT BOOKSTORES) TO THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD. follows: Municipal entirety. BE IT ORDAINED by the Council of the City of Bakersfield as SECTION 1. That Chapter 7.28 (Sale of Petroleum Products) of the Code of the City of Bakersfield, is hereby deleted in its SECTION 2. That a new Chapter 7.28 (Adult Bookstores) :is hereby added to the Municipal Code of the City of Bakersfield, as follows: Sections: 7.28.010 7 28.020 7 28.030 7 28.040 7 28.050 7 28.060 7 28.070 7 28.080 7 28.090 7 28.100 7 28.110 7 28.120 7 28.130 Chapter 7.28 ADULT BOOKSTORES Licenses Required Licensing Conditions Licensing Procedure Investigation of Applicant Operating Conditions Minors Prohibited Owners' Liability Adult Bookstores Near Schools Definitions Posting Violation and Penalty Abatement Severability 7.28.010 Licenses Required. No person, firm, or corporation shall own, operate, conduct, maintain, or be employed in an adult bookstore in the City of Bakersfield, without first having obtained from the License Department an adult bookstore operator's license. The grant- ing of a license under this chapter does not exempt the licensee from complying with any other local, state or federal ordinance, law or regulation that may be applicable to the premises, operations, operators or owners. 7.28.020 Licensing Conditions. (a) No license shall be granted under this chapter to any person not of an age sufficient at the time of licensing, to qualify the licensee to be a registered elector in elections held for officers of the State of California. (b) Every initial license shall be valid from the date of issue until December 31 of the calendar year of issue unless earlier sus- pended or revoked. Any renewed license shall be obtalned not later than January 10 of the year following the last previous year in which a valid license was held by the applicant for renewal (unless delay beyond January 10 is due to causes substantially attributable to action or inaction on the part of the police or the Finance Depart- ment), and such renewal license shall be valid until December 31 of issue unless earlier suspended or revoked. shall be issued without the approval of the Chief the calendar year of (c) No license of Police. 7.28.030 Licensing Procedure. Application for an adult bookstore permit shall be executed under penalty of perjury and submitted to the Finance Department of the City on forms to be obtained from the City. The applicant shall provide the following information and identifi- cation: (a) The particular place of premises, including the street name and address where such adult bookstore is to be conducted. (b) The name and address of the owner or owners, or lessee or lessees, of the place or premises where the adult bookstore is to be operated at said location. (c) The names and addresses of all persons financially inter- ested in the adult bookstore business or enterprise. The term "all persons financially interested" shall include all persons who hold notes or other evidence of an indebtedness against the business. It shall also include all persons who share in the profits of the busi- ness, whether on the basis of the gross or net revenue or otherwise. All records necessary to make a determination of financially interested parties shall be submitted upon demand by the investigating agency. (d) The names and addresses of all persons who shall have charge of, or be involved in the actual operation, management, and super- vision of the adult bookstore. The applicant shall specify the extent of the authority of each person so identified. (e) The past criminal record, if any, of the applicant, of all persons financially interested in the business and of all persons involved in the actual operation, management and supervision of the adult bookstore. (f) The application shall be accompanied by fingerprints and a recent photograph of the applicant. Said application must also contain the applicant's acknowledgement that if a permit be granted hereon, the applicant expressly consents to inspection of the adult bookstore premises at any time by the police or any regularly appointed police officer of the City of Bakersfield, and that the adult book- store shall at all times be operated, managed, and supervised in strict compliance with the laws, rules and regulations of the State of california and the City of Bakersfield. 7.28.040 Investigation of Applicant. The applicant and his employees, agents and other persons associated with the applicant as partners, directors, officers, shareholders, associates, or managers in the pro- posed conduct of the proposed adult bookstore, each and all shall demonstrate to the reasonable satisfaction of the police that they: (a) Have not within five years prior to the date of application for the license committed or been convicted of any of the following crimes or crimes involving similar elements and conduct in any other state in the United States: any crime requiring registration under Section 290 of the Penal Code; any violation of Chapter 7.5 of Title 9, Part 1 of the Penal Code; any violation of Chapter 7.6 of Title 9, Part 1 of the Penal Code; any violation of (a), (b), or (d) of Section 647 of the Penal Code; any violation of Section 148 of the Penal Code; any violation of Sections 315, 316, or 318 of the Penal Code; any offense involving the use of a dangerous weapon against a human being; any offense involving the use of force or violence against the person or property of another; any offense involving the maintenance of a nuisance in connection with the same premises sought to be licensed or in connection with the same, or a similar business opera- tion; (b) Have not, in premises owned or otherwise controlled by them, allowed or permitted to occur any of the crimes mentioned in the aforegoing subparagraph (a); (c) Have not knowingly made any false, misleading, or fraudulent statements of material fact in any application for a license or permit to be granted by, or any report or record filed with, any licensing agency. (d) Have not violated any rule or regulation in the City or County relating to the control and regulation of adult bookstores, picture arcades, massage parlors, or any County or City ordinance controlling topless, bottomless and/or nude dancing; (e) Have not had a similar type of license previously revoked or suspended within two years prior to the current application, or (if such revocation or suspension has occurred) has caused to occur material and substantial changes since that suspension or revocation in an effort to prevent reoccurrence of the condition which resulted in such revocation or suspension. 7.28.050 Operating Conditions. (a) No licensee or operator shall conduct an adult bookstore between the hours of 2 A.M. and 9 A.M. of any day. (b) No licensee shall conduct, operate, or allow to be conducted or allowed to be operated any adult bookstore unless there is present on the premises at all times during such operations an adult person who is licensed under this Chapter. (c) No licensee shall permit any doors on the licensed premises to be locked or barred during business hours. (d) No person shall enter, be, or remain in any part of an adult bookstore, while in the possession of, consuming, using, or under the influence of any alcoholic beverage, or any drug, and no licensee shall permit such person to enter, be, or remain in the licensed premises. (e) (f) adult bookstore. No license shall be transferable to another person. NO license shall be issued for, or used in more than one (g) No licensee shall maintain, or allow to be maintained any adult bookstore within a distance of 1,000 feet of any areas zoned for residential use. 7.28.060 Minors Prohibited. It shall be unlawful for any person under the age of eighteen years to be in, remain in, enter, or visit any adult bookstore. 7.28.070 Owners' Liability. It shall be unlawful for any person, firm, or corporation, his or their employees, servants or agents, having charge, control or management of any adult bookstore to suffer or permit any person under the age of eighteen years, to be in, or remain in, enter or visit such adult bookstore. 7.28.080 Adult Bookstores Near schools. No person shall operate an adult bookstore in proximity to a school. 7.28.090 Definitions. As used in this Chapter: (a) "Person" means any individual, partnership, association or corporation, and any employee, agent or servant of any individual, partnership, association or corporation (including but not limited to agents for the limited purpose of representing a principal in the management, rental or operation of the property of such principal). (b) "Matter" means any book, magazine, newspaper or other printed or written material, any picture, drawing, photograph, motion picture or other pictorial representation, and statue, sculpture or other inanimate three-dimensional figure, any recording, transcription, or mechanical, chemical or electrical reproduction, and any other articles, equipment, machines or materials. (c) "Harmful matter" means matter, taken as a whole, the pre- dominant appeal of which to the average person, applying contemporary standards, is to prurient interest, i.e., a shameful or morbid inter- est in nudity, sex, or excretion; and is matter which taken as a whole goes substantially beyond customary limits of candor in description or representation of such matters and is matter which taken as a whole is utterly without redeeming social importance for minors. (d) "Adult bookstore" means a place situated in the incorporated area of the City of Bakersfield, in any part of which place the operator thereof keeps for purposes of sale, trade, advertising or display to persons who enter such Flace, matter which is harmful matter or matter which is of a nature which would justify the finding of a grand jury or by a magistrate that there is probable cause to believe such matter to be harmful matter. (e) "Operate an adult bookstore" and "operating an adult bookstore" mean to own, lease (as lessor or lessee), rent (as land- lord, tenant or agent for the limited purpose described in the parenthetical clause of subsection (a) of this section), manage, operate, conduct, direct, or be employed in an adult bookstore, having as one principal purpose of such status or activity the purpose of deriving income from such status or activity, knowing (or being in circumstances under which a reasonable person could be expected to know) the nature of the business of such adult bookstore and the nature of any part of the harmful matter kept therein. An "operator" of an adult bookstore is a person who is operating an adult bookstore or who attempts to operate an adult bookstore. (f) "School" means "school building" (as defined in this section) and the adjacent and surrounding grounds, campus, play- grounds and athletic fields owned or operated by the owner or opera- tor or such adjacent or included school building and used or in- tended to be used by or for the benefit of the students for whose benefit such school building is maintained. "School" means any educational institution, not excluded by this subsection or by subsection (g) of this section, publicly or privately owned or operated, the enrollment of which (when instruction is being con- ducted therein or thereon) is in substantial part composed of children under the age of 17 years. "School" includes nursery schools, schools for education of handicapped children, and schools for instruction of children in special subjects (including, but not limited to, crafts, arts, athletics, summer courses, vacation courses, or weekend courses, and religious training). "School" does not include colleges, universities, business schools, or voca- tional schools (unless the enrollment of such vocational school is composed of children, more than 50 percent of whom are under the age of 17 years, and which is otherwise included within the foregoing definition of "School"). (g) "School building" means all structures, including utility systems or facilities necessary to the complete functioning of the structures, used or designed to be used for instructional purposes for children a substantial portion of whom are under the age of 17 years, or intended to be entered by such children or the teachers of such children, or structures operated as school units for such children. "School building" includes classrooms (including kinder- gartens, laboratories, shops, music buildings, demonstration rooms and greenhouses), auditoriums (including assembly rooms and multi- purpose rooms), gymnasium and athletic facilities (including locker rooms, shower rooms, swimming pools, field houses, bleachers, grand- stands and floodlighting poles), libraries (including reading rooms and museums), administration buildings (including offices, book- rooms, students' stores, cafeterias, lunch shelters, bicycle shelters and dormitories), and sanitary facilities (including toilets and lavatory buildings), used or designed to be used for children a substantial portion of whom are under the age of 17 years. (h) "Proximity to" means within a distance of one thousand (1,000) feet, measured in a straight line from the two points nearest to one another upon the respective property lines of the adult bookstore and the school which are the subject of such measurement and so situated as to justify the finding by a grand jury or by a magistrate that there is probable cause to believe that children under the age of 17 years and eligible to use any part of the school to which such measurement is referred are likely to have a reasonable opportunity to view any harmful matter which is, or which is destined to be, or which within one-half hour prior to such view was, part of the stock in trade of the adult bookstore to which such measurement is referred (whether such harmful matter is contained within, or is being carried to or from, such adult bookstore) and that there is a substantial risk that such view may occur at a time when such children are not under the immediate custody and control of a parent or guardian and are lawfully using any part of such school or traveling to or from such use. 7.28.100 Posting. Each licensee shall post and continuously keep posted a copy of this Chapter in a conspicuous place inside the licensed premises; and the adult bookstore license shall similarly be displayed near by, as shall the adult bookstore operator and employee license of each person holding such license and present in the adult bookstore. 7.28.110 this Chapter imprisonment Violation and Penalty. A violation of any provision of shall be a misdemeanor, punishable by a $500 fine and/or in the County jail for a term not exceeding six months. Each and every 24-hour day, or fraction thereof, of a continuing violation of any provision of this code will constitute a separate misdemeanor offense, separately punishable by fine and/or imprisonment as aforesaid. 7.28.120 Abatement. Any adult bookstore operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or pro- ceedings 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 bookstore and restrain and enjoin any person from operating, conducting, or maintaining an adult bookstore contrary to the provisions of this Chapter. 7.28.130 Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. SECTION 3. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY and adopted by the Council of the City of Bakersfield at meeting thereof held on the 19th day of MR~ch , the following vote: that the foregoing Ordinance was passed a regular 1979, by C undil of the City of Bakersfield M~RYOR'~/~c~ ~.fty of Bakersfield 1979 APPROVED as to form: CITY ATTORNEY of th~/Cit~ of Bakersfield AffiXave! of ost ng ( rh an es STATE OF CALIFORNIA, f County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that or~ .................................................~.~..~.~.~.....~..P ........................................, 19..~.~... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the CounciI of said City at a meeting thereof duly held on .....................................~.&.~..~...h__..~..~. ................, 19.~...9......, which ordinance was numbered_ .........~48.6 .................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD DELETING CHAPTER 7.28 IN ITS ENTIRETY AND ADDING A NEW CHAPTER 7.28 (ADULT BOOKSTORES) TO THE MUNICIPAL CODE OF THE CITY OF BAKERS- FIELD. Subscribed and sworn to before me this · h ~Q.t.h ... day of ...........M.a!:¢ ..................,19.7.9