HomeMy WebLinkAbout12/02/1991 BAKERSFIELD
Patricia M. Smith, Chair
Patricia J. DeMond
Lynn Edwards
AGENDA
LEGISLATIVE AND LITIGATION COMMITTEE
Monday, December 2, 1991
4:00 p.m.
City Manager's Conference Room
1. Adult Entertainment Ordinance
2. Bakersfield Airport
3. EPA Clean Fuels Program
4. Legislative Update
D~FT
11/27/91
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5.06
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO ADULT ENTERTAINMENT
BUSINESSES.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
'Chapter 5.06 of the Bakersfield Municipal Code is
hereby amended to read as follows:
Chapter 5.06
ADULT ENTERTAINMENT BUSINESSES
Sections: '
.5.06.010~ Definitions.
5.06.020 Permits required.
5.06.030 Business permit' application - Issuance - Fee.
5.06.040 Employee permit, application - Issuance -- Fee.
5.06.050 Renewal.
5.06.0'60 Regulations.
5.06.070 Abatement.
5.06.080 Revocation. ~
5.06.090 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 any adult
bookstore', adult motion, picture theater, adult motion picture and
video arcade, or adult live entertainment theater.
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 within any such category 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
dominant or predominant character and theme is the depiction of
harmful matter is shown on any ten or more days in any thirty
consecutive day period.
D. "Adult motion picture 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 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 wit~b~~que covering the genitals, vulva, Pubis,'
pubic hair,~sf natal cleft, perineum, anus or anal region;
0r 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 e~tertainment business.
I. "Person"'means any individual, partnership,
corporation or association of any nature whatsoever.
- 2 -
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. No person shall be employed in 'an adult
entertainment business, or perform live adult entertainment for
compensation anywhere in the city, in violation of this chapter,
or without having first procured and maintained a valid employee
permit from the city manager or his designee.
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 appIicant and shall require the following information:
1. The full true name, current mailing
address, title, current telephone number, 'previously .used names,
date of birth, sex, height, weight, eye color, hair color,
driver"s license number, social security number, and conviction
record, if any, of the applicant and of all persons who will
manage the business and all persons having a financial interest
in the business;
2. The name, mailing address-and location of
the businesS; and
3. The business tax certificate number of
the business.
4. PriOr 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 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 ahd zoning ordinances, and be
- 3 -
accessible for.inspection by city fire, police and building
officials.
3. That a valid business tax certificate has
been issued for this business.
4. That the applicant is twenty-one years of
age or older.~
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.
C. If the city manager or his designee cannot
make the findings set forth in 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, within fifteen days
of submittal of the application. Failure to so notify the
applicant within the allotted time Shall be deemed a denial 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.
E. All applicants for a permit pursuant to this
section shall be required to be fingerprinted by the.Bakersfield
police department.
F. At time of application, all applicants for a
permi~ pursuant to this_section shall submit two passpOrt-size
phOtographs taken within one month of application.
.5.06.040 Employee permit application - Issuance - Fee.
A. Applications for employee 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 info~mation:
1. The'full true name, current mailing
address,-title, Current telephone number, previously used names,
date of birth, sex, height, weight, eye color, hair color,
driver's license number, social security number; and conviction
record; if any, of the applicant;
2. The.name; mailing address and location of
the business~ and ..
3. The business tax certificate number of
the business.
4. Prior employee 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 twenty-one years of
age or older.
.3. 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.
C. If the city manager or his designee cannot
make the findings set forth~in 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 t-ime shall
be deemed a denial of the permit.
D. The applicant shall pay a nonrefundable fee
not t6 exceed the cost Of processing any such application as set
forth in Section 3.70.040.
5. A11 applicants for a permit pursuant to this
seCtion shall be required to be fingerprinted by the Bakersfield
police department.
F. At time of application, alllapplicants for a
permit pursuant to %his section shall submit two.passport-size
photographs taken within One month of application.
5.06.050 Permit renewal.
A. Ail permits isSued under this.chapter. Shall
remain in effect until December 31 of the' calendar year of issue,
unless earlier suspended or revoked.
.B. All permits issued under this chapter and in
effect at the time of passage of the ordinance enacting this
¢
chapter, shall remain valid until January 31 of the year of its
effective date, unless earlier suspended or revoked.
C. Valid bUsiness permits which haYe neither
expired nor been suspended or 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.
D. Valid employee permits which have neither
expired nor been suspended or 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.
E. Renewal by the city manager or his designee
shall not constitute an admission by the city that the permitted
business or 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 a permitholder is present on the premises
whenever'such establishment is open for business.
B. No permitholder 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 sh~ll be
locked or barred during hours when such business is open to the
public, including booths.- Ail booths open to the public shall be
visible from the primary entrance to the hallway or room in which
the bdoths are located.
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 permitholder 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 permitholder 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, and.all valid.
emPloyee Permits issued for employment in that adult~
entertainment business, issued pursuant to the provisions of this
chapter.
E. 'Any business or 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 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
b~ 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 permitholder 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 f~om patrons of ~the
business.
K. No permitholder shall permit any physical
contact between a performer of live adult'entertainment and any
patron of the adult entertainment business.
L. It shall be~the duty of the business
permithOlder to notify the. administrative vice division of the
police, department, and'the treasurer's office, in writing, upon
the severance of any employee.
M. 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.
N.. No person shall perform live adult
entertainment for compensation except in an adult entertainment
business.
5.06.070 'Abatement..
Any adult entertainment business operaSed contrary to
the provisions of this Chapter or tocal,, state or federal law, is
unlawful and a public nuisance, and the city attorney may, in'
addition to, or in lieu of, prosecuting a criminal action under
this Chapter.and section 1.40.010-or revoking the permit to
- 7
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
immediately revoked by the city manager or his designee whenever
he finds:
A. That misrepresentations were made on the
application; or
B. That any of the terms or conditions of said
permit have.been violated, or that the business has been operated
in violation of local, state or federal law.
5.06.090 Appeal.
A. Should any 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 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 weeks following the filing of the objection with the
city clerk. The applicant shall~be' given written notice no less
than three 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 hearing before the council, and
for ten days thereafter, any revoked permit shall remain in full
force and effect; provided, however, that the revocation of any
permit for violation of a building, electrical or fire code,
where the health and safety of the public is endangered,~ as
determined, by the city manager, shall be effective immediatel~y,
and shall remain in effect.until such time as the city council
reverses such decision on appeal. 4.
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
I ~R.~RRy CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on . , by the
following vote:
CITY CLERK and Ex Officio Clerk of the
.Council of the city Of'Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS'ORD\-
ADULTBUS. O-4
11/27/91
LITIGATION & LEGISLATION COMMITTEE REPORT NO.
S & S FLIGHT CENTER AGREEMENT
SUMMARY:
TERMS: Five years with 3 options to renew of 5 years each
RATE: $3,000 per month/SS6,000 per year*
OTHER: Annual L.A. All Urban CPI escalator
First 15 months negotiated at sliding rate*
Lessee to furnish approx. $50,000 in improvements
Lessee to pay City $0.07 for each gallon pumped
City conducted 2. Separate in-house Credit checks on firm
City ordered 2 Dunn & Bradstreet Reports
City checked Meadows Field building landlord (Karpe Real'ty)
CREDIT RATING: Moderate Risk (Acceptable)
FIRM TO PROVIDE: Flight school, fueling service with truck,
aircraft rental, executive shuttle service, executive
aircraft service, aircraft painting 'and modification,
airframe and power plant repair, avionics service and Part
135 aircraft charter,services.
ENVIRONMENTAL ASSESSMENT: Firm will increase current annual
operations of 45,000 by approx. 26% to 66,000 operations.
This amounts to approx. 32 additional flights per day.
Increase to 56,000 operations is short of 1980 level of
78,000 and is short of 1992 estimate of 62,500 operations.**
All environmental, documents were produced with the 2010
.estimate of 115,000 operations annually.
All parameters are within 13 environmental documents approved
by***: City Council, Planning Commission, Airport Land Use
Commission, Federal Aviation Administration, Air Resources
Board, Regio.nal Water Quality Board, Environmental Protection
Agency and NEPA & SEQA guidelines.
* Sliding rate scale: 1-3=$0/4-6=$500/7-9=$1000/10-15=$1500
**. 1988 Master Plan Update - KPGM/Peat Marwick
*** Approval by appropriate agencies only
12/02/9! 11:11 KERN COUNTY AIR ROLLUTION
RESOURCE MANAGEMENT AG£NCY
~DA~ ~ AB~ ~ J. RODDY, A~O
DASD PRICE ~1
A~T~ D~C~
~D JAM~, AI~P, ~OR
AIR POLLUTION CONTROL D!S~ICT ~tober 9,
Councilwoman Patricia DcMond
City of Bakersfield
1501 Truxtun Ave
Bakersfield CA 93301
De, ar Councilwoman DeMond:
It is my understanding that your legislative committee, is handling thc clean fuels issue. Be
advised that I am Uacing a slightly different position regarding clean fuels in Kern County and
Bakersfield based on recent input received at our October fuels workshop. Briefly, I am asking
thc Valley District to support CARB's Clean Fuel Program in prcfcrence to EPA's due to
cxucme capital costs that would be imposexl on local refineries for little to no benefit in air
quality for one year proceeding implementation of CARB's program for reformulated fuels.
Oxygenatedvfuels are scheduled to be implemented statewidc in 1992.
The attached'staff report and draft letter should providc you with adequate detail to take a more
~eormal position should you feel a support (or oppose) position is wan'anted.
Very respectfully, .
WILLIAM J. RODDY
Air Pollution Control Officer (SED)
Asst. Air Pollution Control Officer ($JVUAPCD)
W,IR:sk
2700 "M' STREET, SUITE 275 B/~KERSFIELD, CALIFORNIA, 93301 (805) 861.3682
12/02/91 11:12 KERN COUNTY AIR POLLUTION ~4
- DRAFT
date
,lames Boyd
Chief Executive Officer
California Air ~esource$ Board ...
P.O. Box 2815
Sacramento, CA 95812
Dear Mr. Boyd:
SUBJECT:
On November 21-22, 1991, your' Board will entertain a proposal from your staff [o
establish a reformulated gasoline program for the summer months and an oxygenated
fuels program for the wintertime. These programs are proposed to be established
statewide. The San Joaquin Valley Unified Air Pollution Control District (District)
supports these programs.
However, the District is concerned that because your staff's Proposal is stateWide,
the demand for the new fuels may out~veigh the supply and, if this is to be the case,
some areas in the state may be temporarily left out of the distribution network.
As you are aware, the San Joaquin Valley (Valley) has a 'severe' ozone problem. The
Valley also has several cities with severe carbon monOxide problems. Our District is
committed to doing all we can to clean air in the Valley for our constituents. These
facts, coupled 'with the' fact tiler tl~e Valley produces nearly 75% of California's oil
and gas, convince the District that the Valley deserves to be first on any fuel
distribution network.
The District woUld, therefore, request that you advise your staff to include some
mechanism in these regulations to ensure the distribution of these fuels, when
available, to the San Joaquin Valley.
Thank you for your consideration in this matter and for supporting our efforts to clean
the air in the San Joaquin Valley.
Sincerely,
Supervisor Douglas Vagim,' Chairman
San Joaquin Valley Unified Air Pollution Control District
DRAFT
Staff Report
Results of Clean Fuels Workshop
. October 4, 1 991
INTRODUCTION
The workshop w~s held in Bakersfieid to discuss thc proposod Clean Fuels Resolution with
local mffr~smtafives of r~fi~eric~ and other intermtexl parties. Attending the work.shop wore
1:5 representatives of refineries and representatives of the City of .Bakersfield, Greater
Bakersfield Chamber of Commerce, Project C'lean Air, Southern California Gas, and
Western Stat~ Petroleum Association. FollowiaE is a discussion of the p~rtinent information
addressed, conclusions drawn by the Kern Zone staff, and recommendations for Board
act/om
DISCUSSION Reformulated Gasoline
The existing fuel distribution network in CaUfomia has Los Angeles (LA) refineries
producing and distributing fuels to the LA arco and San ~oaquin Valley ($rV) refineries
producing and distributing to the S~v' ;u'es. The supply of fuels in S.TV is held to distribution
in the Valley.
The l=edec, d Clean Air Act ~CAA) regulation goes into =fleet in 1995 in ¢c~in high ozone
a.~as (only Los Angeles and Sa~ Diego in California) and the Air Resou,'ccs Boazd (ARB)
regulations will be effective s~atewide in 1996.
The LA refineries are presently planning modifications to their facilities to meet the
requirements of the FCAA. No rcfine~ in the S3V is planning any such modificarlons. The
refineries in the SP~ are, however, in the process of pianning modifications to meet the
porposcd manda~ of upcomins ARB rcgulations.
Recl~tin§ S]'V refineries to modify theiz facilities in response to the FCAA would either
requize expensive, extensive reconstruction or a significant distribution network ch~ge. It
scorns a high pricc'to pay for only one year's benefit.
In addition, thc ARB regulations wiU bc more stringent and will be hazder to mort. Thc
exu'a year would be needed by local refiners to be able to make the ARB required fuel. The
local rcfiners feel they could not make the FCAA 199:5 dcadUne.
Oxw, enated Fuels
Them are no local S]V rcfincrs planning to make tho product n~ to blcnd with
Easolinc to make thc oxygcnatcd fuels. They plan m import tho product from another
location such as the Gulf area. They' will be in competition for these products and, in fact,
October 7, 199t
1~70~/91 11:12 KERN COUNTY AIR POLLUTION
"" ':- DRAFT
some are already stocicpilin§ this product for future use. The FCAA requirements and the
ARB regulations are scheduled to be in effect at the same time.
CONCLUSIONS .,.
It is not now recommended, in light of this information, that the San $oaquin Valley Unificd
Air Pollution Control District (Dbtrict) l~etition thc Oovcmor to request inclusion'in the
federal pro~an'~ for Reformulated Ga.~olinc or Oxygenated Fuels. However, there is
concern that because the ARB's prol~rams arc stamwide, thc demand for the new'fuels may
outweigh the supply. If this is to be thc ca.sc, some ~ in the slate may be tem~y left
out of thc distribution network. Thc San 3oaquin Valley must be high on any priority list for
distribution to enable our constituents to experience the benefits of these fuels.
RECOMMENDATIONS
Thc District recommends tl~t thc Chairman of thc Air Pollution Control Board write a letter
to tile F..xecutivc Officer of thc ARB requesting the ARB staff to put some mechanism in the
regulations to ensure that the s3%r is supplied fuel even with short distribution.
The District also requests the Board to authorize District personnel to prcscnt testimony at
the ARB Board hearing on November 21-22, 199I where the proposed ARB regulations will
be presented,
Octol~er 7, ~991