HomeMy WebLinkAbout91-44 CC OrdinanceORDINANCE NO. 91-44
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE
NON-CODIFIED RIVERSIDE COUNTY ORDINANCE'S AND
ADDING CHAPTER 5.05 TO THE TEMECULA MUNICIPAL CODE
PERTAINING TO THE REGULATION OF ADULT BUSINESS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Findings. That the Temecula City Council hereby makes the following
findings:
Pursuant to Government Code Section 65360, a newly incorporated City shall adopt a
general plan within thirty (30) months following incorporation. During that 30-month period of
time, the city is not subject to the requirement that a general plan be adopted or the requirements
of state law that its decisions be consistent with the general plan, if all of the following
requirements are met:
(a) The City is proceeding in a timely fashion with the preparation of the general plan.
(b) The planning agency finds, in approving projects and taking other actions, each of the
following:
1. There is reasonable probability that the land use or action proposed will be
consistent with the general land proposal being considered or studied or which will be studied
within a reasonable time;
2. There is little or nor probability of substantial detriment to or interference with
the future adopted general plan if the proposed use or action is ultimately inconsistent with the
plan;
3. The proposed use or action complies with all other applicable requirements of
state law and local ordinances.
The Riverside County General Plan, as amended by the Southwest Area Community Plan,
(hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for
the southwest portion of Riverside County, including the area now within the boundaries of the
City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is
proceeding in a timely fashion with the preparation of its General Plan.
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The proposed land use regulations are consistent with the SWAP and meet the requirements
set forth in Section 65360 of the Government Code, to wit:
(a) The City is proceeding in a rimely fashion with the preparation of the general plan.
(b) The City Council finds, in adopting land use regulations pursuant to this rifle, each of
the following:
1. There is reasonable probability that Ordinance No. 91-44 will be consistent with
the general plan proposal being considered or studied or which will be studied within a reasonable
time.
2. There is litfie or no probability of substantial detriment to or interference with
the future adopted general plan if the proposed use or action is ultimately inconsistent with the
plan.
3. The proposed use or action complies with all other applicable requirements of
state law and local ordinances.
WHEREAS, studies conducted in various communities in other jurisdictions have
demonstrated that the proximity and concentration of adult businesses adjacent to residential,
religious, educational, or other adult businesses can cause other businesses and residents to move
elsewhere. Adult businesses are linked to increases in crime rates in areas surrounding such
businesses and such businesses may adversely affect the public health, safety, and welfare of
citizens; and
WHEREAS, adult uses are recognized as having serious objectionable operational
characteristics, particularly when several of them are concentrated under certain circumstances or
located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon
the adjacent area. Special regulation of these areas is necessary to ensure that these adverse
effectes will not contribute to the blighting or downgrading of the surrounding neighborhood. The
primary control or regulation is for the purpose of preventing the concentration or location of
these uses in a manner that would create such adverse effects; and
WHEREAS, the City Council finds that this Ordinance provides a sufficient number of
locations within the City in which all of the types of businesses regulated by this Ordinance be
conducted. The location and design standards established by this Ordinance do not unreasonably
restrict the development of adult-oriented businesses; and
WltEREAS, permitting and/or licensing is a legitimate and reasonable means of
accountability to ensure that operators of sexually oriented business comply with reasonable
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regulations and to ensure that operators do not knowingly allow their establishments to be used
as places of illegal sexual activity or solicitation.
SECTION 2. City Ordinance No. 90-04 adopted by reference portions of the non-
codified Riverside County Ordinance. On the effective date of this Ordinance, the following
provisions of the non-codified Riverside County Ordinances, which City Ordinance No. 90-04
adopted, are hereby repealed:
(A) Ordinance No. 627 relating to picture arcades.
SECTION 3.
shall read as follows:
Chapter 5.05 is hereby added to the Temecula Municipal Code, which
"CHAPTER 5.05
ADULT BUSINESSF~
5.05.002 Purpose and Intent. It is 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. The provisions of this Ordinance have neither the purpose nor effect of imposing a
limitation or restfiction on the content of any commutative materials, including sexually oriented
materiels.
5.05.004 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.
(a) "Adult Bookstore" means a commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration any one or more of the
following:
1. Books, magazines, periodicals, or other printed matter, or photographs, fdms,
motion picture, video cassettes or video reproductions, slides, or other visual representations
which depict or describe "specified sexual activities" or "specified anatomical areas"; instruments,
devices, or paraphernalia which are designed for use is connection with "specified sexual
activities." A commercial establishment may have other principal business purposes that do not
involve the offering for sale or rental material depicting or describing "specified sexual activities"
or "specified anatomical areas" and still be categorized as Adult Book store or Adult Video Store.
Such other business purposes will not serve to exempt such commercial establishments from being
categorized as an Adult Bookstore or Adult Video Store so long as one of its principal purposes
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is the offering for sale or rental for consideration the specified materials which depict or describe
"specified sexual activities" or "specified anatomical areas."
(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 businesses. "Adult business" also means and includes any adult arcade,
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 or "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 area; and/or
2. Films, motion pictures, video cassettes, 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 similar commercial establishment which:
1. Offers accommodations to the public for any form of consideration;
2. Provides patrons with close circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions which are characterized by
the depiction or description of "specified sexual activities" or "specified anatomical areas;" and
has a sign visible for the public right of way which advertises the availability of this adult type of
photographic reproductions; or
hours; or
3. Offers a sleeping room for rent for a period of time that is less than ten (10)
4. Allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than ten (10) hours.
(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
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apply to any school of art, a firm which operated by an individual, firm association, parmership,
corporation or institution which meets the requirements established in the Education Code of the
State of California of 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
characterized by their emphasis on matter depicting, describing or relating to specified sexual
activity or specified anatomical areas.
0a) "Body painting studio" means any establishment or business which provides the service
of applying paint or any other substance, whether transparent nor not, to or on the human body
when such body is wholly or partially nude in terms of specified anatomical areas.
(I) "Escort" means a person who, for consideration, agrees or offers to act as a companion,
guide or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a strip tease for another person.
(j) "Escort Agency" means any person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or
other consideration.
(k) "Establishment" means and includes any of the following:
1. The opening or commencement of any sexually oriented business;
2. The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3. The additions of any sexually oriented business to any other existing
sexually business; or
4. The relocation of any sexually oriented business.
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(1) "Massage parlor" means any place where for any form 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.
(m) "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.
(n) "Permittee" means a person in whose name a permit to operate an adult business has
been issued as well as the individuals listed as an applicant on the application for a permit.
(o) "Persons~ means an individual, proprietorship, partnership, corporation, association,
or other legal entity.
(p) "Sexual Encounter/Rape Center" means any business or commercial enterprise that,
as one of its primary business purposes, offers any form of consideration: 1) physical contact in
the form of wrestling or tumbling between persons of the opposite sex; or 2) activities between
male and female persons and/or persons of the same sex when one or more of the persons is in
a state of nudity or semi-nudity.
(q) ~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 tope of the areola; or
2. Human male genitals in a discernible turgid state, even if completely or
opaquely covered.
(r) "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.
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(s) "Transfer of ownership or control" of an adult business means and includes any of the
following:
1. The sale, lease, or sub-lease of a business;
2. The transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or other similar means; or
3. The establishment of a trust, gift or other similar legal device which transfers
the ownership or control of the business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
5.05.006 Restricted to Commercial 7ones. Notwithstanding any provision to the contrary in this
Chapter, no adult business shall be established, expanded or conducted except in a C-1/CP zone
and then shall conform to all regulations contained in this Chapter.
5.05.008 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 Section 18.28
of Ordinance No. 348 of the Non-Codified Codes of the County of Riverside as adopted by the
City of Temecula pursuant to Ordinance No.90-04 and Section 1 therefore, in addition to an Adult
Business Permit required by this Chapter. The requirements of ordinance 348 and of this Chapter
first shall be construed in a manner to make them compatible. Where there is a conflict in
provisions between the two, the provisions of this Chapter shall control.
5.05.010 Operational Criteria. In additional to the base zone requirements governing use pursuant
to Section 5.05.006 the following additional requirements shall be satisfied by adult businesses.
Such additional requirements shall be included in any approved Conditional Use Permit.
A. Location Standards.
1. No adult business shall be located within one thousand (1,000) feet of.'
City limits;
a. Any residential use, whether inside or outside of the Temecula
b. Any church, chapel, or similar regular place of worship, whether
inside or outside of the Temecula City limits;
c. Any school or day care establishment, public or private, park or
playground, whether inside or outside of the Temecula City limits;
d. Any retirement home or convalescent hospital, whether inside
or outside of the Temecula City limits;
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e. Any recreational facility, such as game arcade, bowling alley,
skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside
of outside of the Temecula City limits.
f. City Hall, City Offices, and other public buildings;
g. Libraries, whether inside or outside of the Temecula City limits.
2. An adult business may not be operated within two hundred (200') feet of
another adult business, whether within or outside of the Temecula City limits.
3. An adult business may not be operated in the same building, structure, or
portion thereof, containing another adult business.
4. For purposes of this Ordinance, all dislance shall be measured in a straight line,
without regard for intervening structures, from the nearest property line for which the adult
business will be located to the nearest property line of a use or district listed above.
5. For purposes of subsection (2) of this section, the distance between any two
adult businesses shall be measured in a straight line, without regard to intervening structures or
objects, from the closest exterior wall of the structure in which each business is located.
a. A person may not operate an adult business without a valid
permit, issued by the City for the particular type of business.
required parking area.
by the City.
b. Said use shall have a separate business entrance adjacent to the
Additional off-street parking facilities may be required if deemed necessary
c. The City 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 operated 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.
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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.
h. The building entrance to an adult business shall be clearly and
legibly 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 this Ordinance, any picture arcade lawfully in existence prior to the adoption of
this sub section 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.
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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 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 image
producing device is located shall be conspicuously posted by the operator and 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.
j. Adult Motels
1. Evidence that a sleeping room is in a hotel, motel or a
similar commercial establishment has been rented and vacated two (2) or more times in a period
of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is
an adult motel as that term is defmed in this Chapter.
2. A person is in violation of the provisions of this Chapter
if, as a person in control of a sleeping room in a hotel, motel, or similar commercial establishment
that does not have an adult business permit, he/she rents or sub-rents a sleeping room to that
person and, within ten (10) hours from the time the room is rented, he/she rents or sub-rents the
same sleeping room again.
3. For purposes of sub-section (2) of this section, m the term
~rent" or "sub-rent" means the act of permitting a room to be occupied.
5.05.012 Adult Business Conditional Use Permit. Application for conditional use permit for an
adult business shall be accompanied by:
1. A statement that the site of the proposed business is not located:
a. Within one thousand (1,000) feet of any district, structure or boundary as
defined in Section 5.05.010;
b. Within two hundred (200) feet of another adult businesses, whether within or
outside of the Temecula City limits.
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2. A scale map or drawing accurately depicting land uses within a radius of one thousand
(1,000) feet of the exterior boundaries of the property on which the adult business is proposed to
be operated.
5.05.014 Issuance of Adult Rusiness Permit. An applicant for the operation of an 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 an annual 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.
Applicants for such permits shall file a written, signed and verified application or renewal
application on a form provided by the Community Development Department.
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 no less than twenty-five percent (25%) of the stock of the corporation. If the applicant
is a parmership, 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;
6. The name or names of the person or persons having the management or
supervision of applicant's business and of any entertainment;
7. A statement of the nature and character of applicant's business if any, to be
carried on in conjunction with such entertainment; and
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 coasts of investigation,
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inspection and processing of such applicants.
d. After an investigation, the Police Chief shall approve the issuance of a permit or
renewal unless he finds one or more of the following to be true:
1. That the building, structure, equipment and location used by the business for
which a permit is required herein does not comply with the requirements and standards of the
health, zoning, fire and safety laws of the State of California and of the City of Temecula;
2. That the applicant, his or her employee, agent, parmer, director, officer,
stockholder or manager has 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 fried with
the Police Department, Sheriff or other department of the City.
3. That the applicant has 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 no responsible person on the premises to act as manger
at all times during which the business is open;
5. That the applicant has not 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 not been granted for the use; or
7. That an applicant is under eighteen (18) years of age.
5.05.016 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 heating before the City Council.
5.05.018 Inspection. An applicant, or permittee shall permit representatives of the Sheriff's
Depamnent, Health Department, Fire Department, Code Enforcement, Planning Department, or
other City Departments or Agencies to inspect the premises of an adult business for the purpose
of insuring compliance with the law, at any time it is occupied or opened for business. A person
who operates an adult business or his agent or employee is in violation of the provisions of this
section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied
or opened for business.
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5.05.020 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 fried 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 a manager at
all times which the business was opened;
(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) A 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 manager has violated any provision of this Ordinance; or
(8) The conditional use permit for the use has been suspended or revoked.
5.05.022 Transfer of Permit. A permittee shall not transfer an Adult Business Permit to another,
nor shall a permittee operate an adult business sunder the authority of a permit at any place other
than the address designated in the application.
5.05.024 Time l.imits for Action of a Conditional Use Permit. An application for a conditional
use permit shall be reviewed and acted upon in accordance with the provisions of Ordinance No.
348 and the California Government Code.
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5.05.026 Suspension and Revocation of a 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
applicable laws, including, but not limited to, the
ordinances and this Ordinance;
the permittee does not comply with all
City's building, health, zoning and fire
Co) 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; or
(c) The Adult Business Permit has been suspended or revoked.
5.05.028 Regulations Non-Exclusive. 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 business as adopted by the City Council of the City
of Temecula.
5.05.030 Violations/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 Chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a
fine of not more than one thousand dollars ($1,000.00) or by imprisonment. Any violation of the
provisions of this Chapter which is committed and continues from day-to-day, constitutes a
separate offense for each and every date during which such violations is committed or continued.
5.05.032 Public Nuisance. In addition to the penalties set forth at Section 5.05.030 above, any
adult business which is operating in violation of this chapter or any provision thereof shall
constitute a public nuisance and, as such, may be abated or enjoined from further operation.
5.05.034 Conflictirtg Ordinances Repealed. All ordinances or parts of ordinances, or regulations
in conflict with the provisions of this Ordinance are hereby repealed.
SFL-WION 4. SEVERAFIIIITY. 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
or 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, work or portion
thereof regardless of whether such other sections, subsection, sentence, clause, phrase, word or
portion thereof regardless of whether such other section, be declared invalid or unconstitutional.
Ords 91-44 -14-
SFL-'TION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be posted as required by law.
SFL'TION 6. ENVIRON1MENTAI, COMP!,IANCE. The City Council hereby finds that
this project does not have a potential for causing a significant affect on the environment.
Therefore, the project is exempt from the California Environmental Quality Act under Section
15061 Co) (3).
SFL-WION 7. EFFFCTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three designated posting places.
PASSED, APPROVED AND ADOPTED this 17th day of December, 1991.
Ronald J. Parks, Mayor
ATTEST:
[SEAL]
Ords 91-44 -15-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) $S
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 91-44 was duly introduced and placed upon its first reading at a regular meeting
of the City Council on the 10th day of December, 1991, and that thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 17th day of December,
1991, by the following roll call vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Moore, Lindemans, Mufioz
Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
S. Greek, ~rk
Ords 91-44 -16-