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