HomeMy WebLinkAbout90-23 CC OrdinanceORDINANCE NO. 90-23
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA RELATING TO ADULT
BUSINESSES AND REQUIRING A PERMIT THEREFORE
~, the City Council of the City of Temecula has determined that it is necessary
to immediately examine the possible effects on the quality of residential and commercial
development of adult businesses locating within the City of Temecula and its residents; and
WHEREAS, the City has an interest in preserving the quality of urban life; and
WltlZREAS, studies and experiences within other cities in Southern California show that
such adult businesses may cause blight or downgrading of residential and commercial areas;
WltEREAS, until the City has had a chance to more fully determine the possible negative
effects of such adult businesses, it is necessary to adopt an interim ordinance on an urgency basis
to regulate the location of adult businesses in order to protect public safety, health and welfare.
WHEREAS, the City adopted by reference County of Riverside Ordinance No. 348
regulating Land use (hereinafter Ordinance No. 348);
WHEREAS, the City adopted Ordinance No. 90-18 relating to adult business and
requiring a permit therefor;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Term. The term of this Ordinance shall be ten and one-half months, from
November 23, 1990 through October 8, 1991.
SECTION 2. Purpose and Intent. It is the purpose and intent of this ordinance to provide
for the comprehensive and orderly regulation of adult businesses. It is recognized that these
establishments by their very nature may have serious objectionable operational characteristics
which, when concentrated, can have a deleterious effect upon areas. In order to protect and
preserve the public health, safety and welfare of the citizenry, especially including minors, special
regulation of the time, place and manner of the operation and location of these establishments is
necessary.
SECTION 3. Definitions. The following words and phrases shall, for the purposes of
this chapter, be defined as follows, unless it is clearly apparent from the context that another
meaning is intended.
Ords 90-23 1
A. "Adult bookstore" means an establishment having as a substantial or significant portion
of its stock in trade material which is distinguished or characterized by its emphasis on matter
depicting, describing or related to specified sexual activity or specified anatomical area, or an
establishment with a segment or section thereof devoted to the sale or display of such material.
B. "Adult business" means a business which is conducted exclusively for the patronage
of adults and as to which minors are specifically excluded from patronage, either by law and/or
by the operators of such business. "Adult business" also means and includes any adult bookstore,
adult cabaret, adult hotel or motel, adult theater, adult model studio, body painting studio,
massage parlor and any other business involving "specified sexual activities" or display of
"specified anatomical areas."
C. "Adult cabaret" means any nightclub, bar, restaurant, or similar establishment which
is distinguished or characterized by its emphasis in the entertainment presented on:
1. Live performances which is distinguished or characterized by an emphasis on
specified sexual activities or specified anatomical areas; and/or
2. Films, motion pictures, video cassettes, or slides or other photographic
reproductions whose dominant or predominant character and theme is the depiction of
specified sexual activities or specified anatomical areas for the observation by patrons.
D. "Adult hotel/motel" means a hotel or motel, which provides through closed-circuit
television or other media, material which is distinguished or characterized by the emphasis on
matter depicting or describing or related to specified sexual activities or specified anatomical area.
E. "Adult model studio" means any establishment open to the public where for any form
of consideration of gratuity, human models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted sculpted, photographed, or otherwise depicted by
persons other than the proprietor paying such consideration or gratuity. This provision shall not
apply to any school of art, a firm which is operated by an individual, firm association,
partnership, corporation or institution which meets the requirements established in the Education
Code of the State of California for the issuance or conferring of a diploma.
F. "Adult picture arcade" means any place to which the public is permitted or invited
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 emphasis of the
images so displayed is on depiction of specified sexual activities or specified anatomical areas.
G. "Adult theater" means a theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which presents live entertainment, films, motion pictures, slide
photographs, video cassettes or similar photographic reproductions which are distinguished or
Ords 90-2B 2
characterized by their emphasis on matter depicting, describing or relating to specified sexual
activity or specified anatomical areas.
H. "Body painting studio" means any establishment or business which provides the service
of applying paint or any other substance, whether transparent or not, to or on the human body
when such body is wholly or partially nude in terms of specified anatomical areas.
I. "Massage parlor" means any place where for any forms of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other
treatment of manipulation of the human body occurs.
J. "Material relative to adult businesses" means and includes but is not limited to
accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures and
pamphlets or any combination thereof.
K. "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 discernible turgid state, even if completely or opaquely
covered.
L. "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 1 through 3 of this section; or
5. Human genitals in a state of Sexual stimulation or arousal.
SECTION 4. Restricted to Commercial Zones. Notwithstanding any provision to the
contrary in this rifle, no adult business shall be established, expanded or conducted except in a C-
1/CP and then shall conform to the regulations contained in this ordinance.
Ords 90-23 3
SECTION 5. Conditional Use Permit. No adult business shall be opened, established or
relocated except upon the granting of a conditional use permit therefore in accordance with
Sections 18.28 of Ordinance No. 348 and Section 5 hereof, in addition to the Adult Business
Permit required by this Ordinance. The requirements of Ordinance 348 and of the ordinance first
shall be construed in a manner to make them compatible. Where there is a conflict between the
two, this ordinance shall control.
The requirements of this ordinance shall be similarly construed with Riverside County
Ordinance Nos. 543 and 627, as adopted by reference by the City Council. The restrictions of
Ordinance No. 348 shall continue to apply.
SECTION 6. Operational Criteria. In addition to the base zone requirements governing
use and minimum development standards, the following additional requirements shall be met by
adult businesses which additional requirements shall be included in the conditional use permit.
A. The use shall have an Adult Business Permit.
B. Said use shall have a separate business entrance adjacent to the required parking area.
Additional off-street parking facilities may be required if deemed necessary by the Planning
Commission or City Council.
C. The Planning Commission shall review and approve all signing and architectural
graphics.
D. Maximum occupancy load, fire exits, aisles, and fire equipment shall be regulated,
designed and provided in accordance with the fire department and building regulations and
standards adopted by the City of Temecula.
E. No adult business shall be conducted in any manner that permits the observation of any
material depicting, describing, or relating to specified sexual activities or specified anatomical
areas from any public way or from any location outside the building or area of such establishment.
This provision shall apply to any display, decoration, sign, show window, or other opening.
F. Lighting in Parking Lots. Lighting shall be required which is designed to illuminate
all off-street parking areas serving such use for the purpose of increasing the personal safety of
store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on
the required plot plans and shall be reviewed and approved by the Department of Community
Development.
G. Amplified Sound. No loudspeakers or sound equipment shall be used by an adult
business for the amplification of sound to a level discernible by the public beyond the walls of the
building in which such use is conducted or which violates any noise restrictions as may be adopted
by the City of Temecula.
OFds ~-~ 4
H. The building entrance to the adult business shall be clearly and legible posted by a
notice indicating that minors are precluded from entering the premises. Said notice shall be
constructed and posted to the satisfaction of the Planning Director.
I. Picture Arcades.
1. No picture arcade shall be maintained or operated unless the complete interior
of the picture arcade is visible upon entrance to such picture arcade. No partially or fully
enclosed booths or partially or fully concealed booths shall be maintained.
Notwithstanding Section 11 of this ordinance, any picture arcade lawfully in existence prior
to the adoption of this subsection shall conform to the provision of this subsection within
three (3) months of the effective date of this section. This subsection shall also be
applicable to any picture arcade which is not open for business prior to the date that this
section takes effect.
2. Minimum Lighting. No person shall operate a picture arcade unless a light
level of not less than two (2) foot candles at floor level is maintained in every portion of
said establishment to which the public is admitted.
3. Wall and Partition Construction. No person shall operate a picture arcade
unless any wall or partition which is situated so as to create a room or enclosure in which
any image producing device is located is constructed of not less than 1-hour fire resistive
material.
4. Minimum Aisle Width. No person shall operate a picture arcade in which the
width of the aisles in any room where an image producing device is located is less than
forty-two (42) inches.
5. Minimum Doorways. No person shall operate a picture arcade unless there are
no fewer than two (2) doorways of a width no less than thirty-six (36) inches which
provide ingress or egress from any room from which an image producing device is located;
provided, however, that one (1) doorway shall be sufficient in the event the fire marshal
should so determine. The doorway or doorways shall be unlocked during business hours.
6. Lighted Exit Signs. No person shall operate a picture arcade unless over every
doorway which provides egress from any room in which an image producing device is
located, an internally illuminated exit sign with letters of at least five (5) inches in height
is maintained.
7. Maximum Occupancy Load. No person shall operate a picture arcade in which
the number of persons in any room or partitioned portion of a room where an image
producing device is located exceeds one (1) person per thirty (30) square feet. The
maximum occupancy permitted in any room or partitioned portion of a room in which an
Ords 90-23 5
image producing device is located shall be conspicuously posted by the operator, sand shall
remain posted, at the entrance to said room.
8. Maximum Number of Devices. No person shall operate a picture arcade in
which the number of image producing devices exceeds the maximum occupancy load
permitted in any room or partitioned portion of a room in which an image producing
device is located.
SECTION 7. Adult Business Permit.
A. Operators of adult businesses must obtain an adult business permit in addition to a
conditional use permit. Such adult business permit shall be non-transferable and must be renewed
on a yearly basis on the anniversary date of the original application. The permit obtained is not
transferable and a new permit must be obtained if the business is leased, sold or otherwise
transferred for any reason.
B. Applicants for such permits shall file a written, signed and verified application or
renewal application showing:
1. The name and permanent address of applicant.
2. The name and business address of the applicant. If the applicant is a
corporation, the name shall be exactly as set forth in its articles of incorporation and the
applicant shall show the name and residence address of each of the officers, directors, and
each stockholder owning not less than twenty-five percent of the stock of the corporation.
If the applicant is a partnership, the application shall show the name and residence address
of each of the members, including limited partners;
3. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the entertainment;
4. Hours of operation;
5. A location, address and floor plan showing where the specific entertainment
uses are proposed to be conducted within the building; and
6. The name or names of the person or persons having the management or
supervision of applicant' s business and of any entertainment; and
7. A statement of the nature and character of applicant's business if any, to be
carried on in conjunction with such entertainment.
Orda 90-23 6
8. For a renewal application, applicant in addition shall indicate any changes since
the filing of the initial application.
C. All applications for a permit or renewal shall be fried with the City Police Department
on forms prescribed by the Police Department. Each application determined by resolution of the
City Council shall be accompanied by a non-refundable fee for filing or renewal determined by
resolution of the City Council, which fees will be used to defray the costs of investigation,
inspection and processing of such applications.
D. After an investigation, the Police Chief shall issue a permit or renewal if he finds:
1. That the building, structure, equipment and location used by the business for
which a permit is required herein complies with the requirements and meets the standards
of the health, zoning, fire and safety laws of the State of California and of the ordinances
of the City of Temecula;
2. That the applicant, his or her employee, agent, parmer, director, officer,
stockholder or manager has not knowingly made any false, misleading or fraudulent
statement of material fact in the application for a permit, or in any report or record
required to be filed with the Police Department, Sheriff or other department of the City;
3. That the applicant has not had any type of adult business permit revoked by any
public entity within two (2) years of the date of the application;
4. That on the date that the business for which a permit is required herein
commences, and thereafter, there will be a responsible person on the premises to act as
manager at all time during which the business is open; and
5. That the applicant has shown how the on premises manager will prevent the
business from being used as a place where prostitution, assignation, or any lewd act could
Occur.
6. That a conditional use permit has been granted for the use.
E. Decision of Police Chief. The decision of the Police Chief regarding a permit
application shall be issued within 45 days of the date of the filing of the application unless he has
set the matter for hearing before the City Council. Such hearing must be held and a decision
rendered within sixty (60) days from the date of the application, unless the matter is continued at
the request of the applicant. No application for a permit shall be denied without giving the
applicant an opportunity for a hearing before the City Council.
Ords 90-23 7
F. Suspension or Revocation of Permit. After an investigation, notice and hearing, the
Police Chief shall suspend or revoke an existing adult business permit, as shall be found necessary
to assure the preservation of the public health and safety, if the evidence presented establishes that
one or more of the following conditions exist:
1. The building, structure, equipment and location used by the business fails to
comply with the requirements or fails to meet the standards of the health, zoning, fire and
safety laws of the State of California, or of the ordinances of the City of Temecula;
2. The permittee, his or her employee, agent, parmer, director, officer,
stockholder or manager has knowingly made any false, misleading or fraudulent statement
of material facts in the application for a permit, or in any report or record required to be
filed with the Police, Sheriff or other department of the City;
3. The permittee has had any type of adult business permit revoked by any public
entity within two (2) years of the date the permit was issued;
4. There was not a responsible person on the premises to act as manager at all
times which the business was open;
5. That the permittee, manager or any agent or employee of the permittee or
manager has been convicted in a court of competent jurisdiction in conjunction with or as
a result of the operation of the subject adult business and after the date of issuance of the
conditional use permit for said business;
6. The picture arcade has been used as a place where sexual intercourse, sodomy,
oral copulation, masturbation, prostitution, assignation or other lewd acts occur or have
occurred;
7. The permittee, his or her employee, agent, parmer, director, officer,
stockholder or manger has violated any provision of this Ordinance; or
8. The conditional use permit for the use has been suspended or revoked.
SECTION 8. Suspension and Revocation of Conditional Use Permit. In addition to the
grounds set forth at Section 18.31 of Ordinance No. 348, the City Council may suspend or revoke
any conditional use permit if it is found that any of the following conditions exist in addition to
the criteria set forth in this ordinance:
A. The operations conducted by the permittee does not comply with all applicable laws,
including, but not limited to, the City's building, health, zoning and fire ordinances and this
ordinance;
Ord,, 90-23 8
B. That the approved use has been expanded without City Council approval; that the
approved use has been partially or wholly converted to another adult business without City
Council approval; that the conditional use permit has not been utilized within six months of its
issuance.
C. The Adult Business Permit has been suspended or revoked.
SECTION 9. Regulations-Nonexclusive. The regulations set forth in this Ordinance are
not intended to be exclusive and compliance therewith shall not excuse noncompliance with any
other regulations pertaining to the operation of adult businesses set forth elsewhere in the
ordinance adopted by the City Council of the City of Temecula as set forth in Section 4.
SECTION 10. g~xisti~g Nonconforming Adult Rusinesses. This ordinance does not apply
to adult businesses operating on the date of adoption.
SECTION 11. Violation--Penalties. Any firm, corporation or person, whether as
principal, agent, employee or otherwise, violating or causing the violation of any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than
six months, or by both such fine and imprisonment. Any violation of this ordinance which is
committed and continues from day-to-day, constitutes a separate offense for each and every date
during which such violation is committed or continued.
SECTION 12. Public Nuisance. Every place of business at or in which violations of this
ordinance, or any provision thereof occur is a public nuisance and as such the public nuisance may
be abated and/or enjoined from further operation.
SECTION 13. No person shall deny free access to an adult business for purposes of a
reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing
regulations, of the City of Temecula or the State of California.
SECTION 14. Severability. If any section, subsection, sentence, clause, phrase, word
or portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council of the City of Temecula hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, word or portion
thereof regardless of whether such other section, subsection, sentence, clause, phrase, word or
portion thereof regardless of whether such other section, be declared invalid or unconstitutional.
SECTION 15. The immediate effectiveness of this ordinance is necessary for public
health, safety and welfare in that uncontrolled operation of adult businesses may impact negatively
on the quality of urban life and therefore this ordinance shall be effective immediately upon the
expiration of Ordinance No. 90-18.
Ord8 90-23 9
PASSED AND APPROVED this 13th day of November, 1990.
Ron Parks, Mayor
ATFEST:
Jufw,-~. Greek, Deputy
[SEAL]
Ords 90-23 10
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek Deputy City Clerk of the City of Temecula, do hereby certify that the
foregoing Urgency Ordinance No. 90-23 was duly adopted and passed at a regular meeting of the
City Council on the 13th day of November, 1990, by the following vote, to wit:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Mufioz,
Moore, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Jun~e~.~!Sreek, Deputy Cit~Clerk
Ords 90-23 11