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HomeMy WebLinkAbout98-19 CC OrdinanceORDINANCE NO. 98-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ZONING REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and A. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform constitutionally permissible regulation of adult (sexually oriented) businesses in the City of Temecula. This City Council Finds that the secondary effects of adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of adult businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances and community disruption related to the operation of adult businesses, and maintain local property values. B. Adult businesses, due to their nature as shown in the evidence referenced and incorporated herein, will affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. C. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult businesses within the City of Temecula, based upon the following findings: 1. The City Council in adopting this Ordinance takes legislative notice of the existence and content of the following studies that describe and substantiate the adverse, secondary effects of adult businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: St. Paul, Minnesota: Garden Grove, California Upland, California New York, New York 1986 1984 1977 1979 1989 1991 1992 1994 2. Based on the foregoing studies and the other written and oral evidence presented to the Planning Commission and this City Council, the City of Temecula finds that: a. Adult businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, R:Ords-98-19 I b. Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in the blighting and downgrading of the property located within areas in which they are located. 3. The studies conducted in the identified communities referenced above demonstrate that the proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational, or other adult businesses can cause other businesses and residents to move elsewhere; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 4. The studies conducted in various communities referenced above have demonstrated that adult businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them; the same effect is believed to be applicable in this City in light of the circumstances present in our community. 5. The special regulation of adult businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, thereby having a deleterious effect upon the adjacent areas and the subject property. 6. It is the purpose and intent of these regulations to direct the location of adult businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of adult businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult businesses and residential uses and zones, churches, schools, parks and other adult businesses. In the preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other adult businesses into consideration and has endeavored to minimize the effect that adult businesses have upon those sensitive areas and upon the community in general. Additionally, the secondary effects of adult-oriented or adult businesses described herein can be reduced if said businesses are located in shopping centers which will provide for maintenance, parking, security and other operational regulations, in addition to the regulations set forth herein, so as to enhance the compatibility of adult-oriented or sexually-oriented businesses with neighboring businesses or sensitive uses. 8. The need to regulate the proximity of adult businesses to sensitive land uses such as residential, religious, educational, recreational and other adult businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of adult businesses dated June 6, 1986, indicates that: a. Community impacts of adult businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a adult business. Concentration may compound depression of property values and may lead to an increase of R:Ords-98*19 2 crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, b. The impacts of adult businesses are exacerbated when they are located near one another. When adult businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the repod of the State of Minnesota Attorney General's Working Group on the regulation of adult businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating adult businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of adult businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of adult businesses in order to protect the health and well-being of its citizens. 14. The City Council has considered the decisions of the United States Supreme Court regarding local regulation of adult businesses, including but not limited to: Young v. American Mini-Theaters. Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS. Inc. v, Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991). 15. The City Council has determined that location criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements regarding the ownership and operation of adult businesses are in the public interest. 16. The City Council desires to protect the rights conferred by the United States Constitution. As such, the Council hereby legislates in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies, case law and other evidence have shown as associated with the development and operation of adult businesses. 17. It is not the intent of the City Council under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce State of California obscenity statutes against such illegal activities in Temecula. R:Ords-98-19 3 18. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral Ordinance which addresses the adverse secondary effects of adult businesses only as to permissible time, place and manner factors. 19. It is further the intent and purpose of the regulations set forth in this Ordinance to reduce the secondary effects of adult business upon other businesses and land uses within the community. 20. The provisions of this Ordinance would have no effect on the environment based on an Initial Study prepared for this Ordinance. D. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPOSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 had a term of forty five (45) days from its adoption. E. On November 12, 1996, the City Council approved Ordinance No. 96-20 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS implements the above provisions and was intended to extend the moratorium adopted by Ordinance No. 96-18 and adopted the interim adult business regulations for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. F. On September 9, 1997, the City Council approved Ordinance No. 97-15 entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS." Ordinance No. 97-15 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has an expiration date of October 15, 1998. G. The Planning Department has reviewed the interim regulations and studied revisions of them for the permanent regulations. This study included the sites available for adult businesses under the existing Zoning Ordinance and interim regulations to determine whether such locations continue to be appropriate for adult businesses and whether other locations would be appropriate, the potential concentration of adult businesses, and their location to other existing and future sensitive land uses. H. The City Council finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with the zoning Ordinance for the location of adult businesses. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of adult businesses in the City of Temecula. It is recognized that adult businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this R:Ords-98-19 4 Ordinance to establish criteria and standards for the establishment and conduct of adult businesses which will protect the public health, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult businesses, and maintain local property values. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. I. On July 15, 1998, the Planning Commission of the City of Temecula held a duly noticed public hearing on the issues addressed in the proposed Ordinance and duly considered the comments of the public in recommending approval of the adult use ordinance. J. On October 13, 1998, the City Council of the City of Temecula held a duly noticed public hearing to consider the proposed ordinance. At said hearing the City Council considered the comments of the public prior to the adoption of this Ordinance. Section 2. Chapter 5.09 is hereby adopted and added to the Temecula Municipal Code to read as follows: Sections: 5.09.001 5.09.002 5.09.004 5.09.006 5.09.008 5.09.012 5.09.014 5.09.016 5.09.018 5.09.020 5.09.022 5.09.024 5.09.026 5.09.028 5.09.030 5.09.032 5.09.034 "Chapter 5.09 ADULT BUSINESS REGULATIONS Purpose and Intent Prohibition and Applicability Definitions Restricted to Certain Areas Within the City Required Approvals for Establishment and Operation of a Adult Businesses General Requirements for Approval of Conditional Use Permits for Adult Businesses Special Requirements for Approval of Conditional Use Permits for Adult Businesses to Allow Customers to Remain on the Premises While Viewing Any Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises Special Requirements for Approval of Conditional Use Permits for Adult Businesses Which Provide Adult Arcades with One (1) or More Viewing Area(s) Special Requirements for Approval of Conditional Use Permits for Adult Businesses Which Provide Live Entertainment Depicting Specified Anatomical Areas or Involving Specified Sexual Activities Administration of Conditional Use Permits Requirements for Adult Business License Administration of Adult Business License Adult Business Employee Permit Required Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age Regulations Nonexclusive Violations/Penalties Public Nuisance R:Ords-98-19 5 5.09.001 Purpose and Intent. A. The purpose and intent of this Chapter is to regulate adult businesses which, unless closely regulated, are demonstrated to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Adult Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Adult Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Adult Businesses. B. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Adult Businesses to their intended market. C. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City Ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 5.09.002 Prohibition and Applicability No business license, Adult Business license, land use entitlement, permit (including building permits), site plan, certificate of occupancy, zoning clearance or other land use authorization for a Adult Business, Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Hotel/Motel, Adult Motion Picture Theater, Adult Theater, or other use described in this Chapter, as defined in this Chapter, shall be issued, granted or permitted, except as set forth herein. A Adult Business shall be permitted if the business complies with provisions of this Chapter. 5.09.004 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 Arcade shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. B. Adult Bookstore or Adult Video Store shall mean an establishment which as a regular and substantial course of conduct engages in the sale, rental or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. R:Ords-98-19 6 C. Adult Business shall mean any business establishment, entity or concern which as a regular and substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel/Hotel, Adult Arcade, or any other business, entity or concern which as a regular and substantial podion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter or activity depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. Adult Business shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. D. Adult Cabaret shall mean a nightclub, restaurant or similar business establishment which as a regular and substantial course of conduct features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities, or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. E. Adult Hotel/Motel shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which either: 1. Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas, and advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television; 2. Rents, leases, or lets any room for less than a six (6) hour period; (24) hour period; Rents, leases or lets any single room more than twice in a twenty-four 4. Allows a tenant or occupant to sub-rent a guest room for a time period less than ten (10) hours. F. Adult Material shall mean books, magazines, periodicals or other printed matter, or photographs, films, sculptures, signs, motion pictures, video cassettes, laser discs, computer simulations or graphics, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. G. Adult Motion Picture Theater shall mean a business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. H. Adult Theater shall mean a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. R:Ords-98-19 7 EStablishment of a Adult Business includes any of the following: 1. The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not a Adult Business, to any of the Adult Businesses defined herein; 3. The addition of any of the Adult existing Adult Business; or Businesses defined herein to any other 4. The relocation of any such Adult Business. 5. The substantial enlargement of Adult Business. Owner or Permit Holder or Permittee. For purposes of this Chapter, Owner, Permit holder or Permittee shall mean any of the following: 1. The sole proprietor of a Adult Business; or 2. Each general partner of a partnership which owns and operates a Adult Business; or 3. Each owner of ten five percent (5%) or more of stock in a corporation which owns and operates a Adult Business. K. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). L. Regular and substantial course of conduct and business shall mean any Adult Business where one or more of the following conditions exist: 1. The area(s) devoted to the display of Adult Material exceeds fifteen percent (15%) of the total Display area of the business or 100 square feet which ever is less. Display area shall include the area the racks or any other means to display the adult materials and the walkways and areas used to view or access the displayed materials; or 2. The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Areas, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any ninety (90) day period; or M. Specified Anatomical Areas shall include any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. R:Ords-98-19 8 N. Specified Sexual Activities shall include any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation, actual or simulated; 4. Excretory functions as part of or in connection with any of the activities described in subdivisions 1 through 3 of this subsection; or 5. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie or other coverings to the point where Specified Anatomical Areas are exposed. O. Substantial Enlargement shall mean the increase in floor area occupied by the Adult Business by more than ten percent (10%) of the floor area in use for that purpose in existence on the effective date of this Chapter. P. Transfer of Ownership or Control of A Adult Business shall mean and include any of the following: 1. The sale, lease or sublease of the business; or 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or 3. The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. Q. Police and Fire Departments shall mean the agencies providing police and fire services for the City of Temecula, whether by contract or as employees. 5.09.006 Restricted to Certain Areas Within the City. A. No Adult Business shall be established, expanded, or conducted within the City of Temecula unless it is located in the Special Use Overlay Zone No. 1. and is more that one thousand feet from another Adult Businesses, whether inside or outside of the Temecula city limits. Further, Adult Businesses shall only be established, expanded, or conducted in accordance with all the regulations contained in this Chapter. B. For the purposes of this Section, the distance between Adult Business shall be measured in a straight line, without regard for intervening structures or objects, from the property line of the parcel on which the business is located to the to the property line of the use from which it is to be separated. R:Ords*98-19 9 5.09.008 Required Approvals for Establishment and Operation of a Adult Business. A. It shall be unlawful for any person to operate, engage in, conduct or carry on any Adult Business within the City of Temecula unless the person operating the Adult Business obtains: 1. An Adult Business License pursuant to Sections 5.09.022 through 5.09.024 of this Chapter; and 2. A Conditional Use Permit for the location where the Adult Business will be conducted, pursuant to Sections 5.09.010 through 5.09.020 of this Chapter. B. The applications for the Adult Business License and the Conditional Use Permit shall be submitted concurrently by the applicant and shall not be accepted by the City unless all submittal requirements for both applications are included with each application. The Director of the Community Development and the Director of Finance, respectively, shall establish the submittal requirements for the Conditional Use Permit and the Adult Business License. C. Each employee of a Adult Business or an independent contractor working at a Adult Business three or more times during a continuous ninety (90) day period shall obtain a Adult Business Employee Permit pursuant to Section 5.09.026, prior to working at the Adult Business. The application shall include all submittal requirements as determined by the Director of Finance before being accepted by the City for processing. 5.09.012 General Requirements for Approval of All Conditional Use Permits for Adult Businesses. In addition to the general zoning requirements applicable in the subject zoning district, a Conditional Use Permit shall be obtained by a Adult Business. The following additional requirements contained in the Section shall be satisfied by all Adult Businesses and shall be included a conditions of approval for any approved Conditional Use Permit. Furthermore, the special requirements ("Special Requirements") contained in this Section and in Sections 5.09.14 through 5.09.018 shall be applied to the specified businesses included in these sections. The inclusion of the Special Requirements into the conditions of approval shall serve to conclusively satisfy the findings required by Sections 17.04.010.E.l.b and 17.04.010.E.l.d of the City of Temecula's Development Code. The following requirements shall be included in the approval of all Conditional Use Permits for Adult Businesses: of pedury; The application shall be sworn to be true and correct by the Owner under penalty B. The building, structure, equipment and location used by the business which is the subject of this application complies with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; C. Except as specifically provided in this Chapter, the Adult Business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located. D. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the latest Uniform Fire and Building Codes adopted by the City of Temecula or imposed on the City by operation of law. R:Ords-98-19 10 all times. The facility shall be operated by a person with a valid Adult Business License at F. All the employees of Adult Businesses as required by Section 5.09.026 shall operate with valid Adult Business Permits. structure. The Adult Business shall not be located, in whole or in part, within any portable H. No Adult Business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m. I. No person under the age of eighteen (18) years shall be permitted within the premises at any time. J. The building entrance to a Adult Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. The notice shall be constructed and posted to the reasonable satisfaction of the Director of Community Development or designee. K. The Adult Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would foreseeably increase the demand for parking spaces beyond the approved number of parking spaces for the business. L. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. modeling, premises. The Adult Business shall not conduct any massage, acupuncture, figure tattooing, acupressure or escort services and shall not allow such activities on the N. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Director of Community Development. O. No Adult Material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Adult Business. P. 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. Q. All indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view at all times. R. All on-site signage shall conform to the relevant provisions of both the Temecula Municipal Code and the Zoning Ordinance regarding signs. All Adult Materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property. R:Ords-98-19 11 S. No loudspeakers or sound equipment shall be used by a 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. T. Lighting shall be required which is designed to illuminate all exterior grounds including off-street parking areas to a minimum of 2.0 foot candles serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. The lighting shall be shown on the required lighting plans and shall be reviewed and approved by the Department of Community Development. U. All areas of Adult Businesses accessible to patrons except as otherwise required by law for adult motion picture theaters, and as provided in Section 5.09.016 (Adult Arcades), and Section 5.09.018 (Adult Businesses with live entertainment) shall be illuminated at least to the extent of twenty (20) foot-candles, minimally maintained and evenly distributed at ground level. Such lighting shall be shown on the required lighting plan. V. The Adult Business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to a Adult Business which deals exclusively with sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public. W. Landscaping shall conform to the standards established for the zone, except that, if the Adult Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. X. The Adult Business shall comply with the restrictions regarding the sale/serving of alcohol and persons under the influence of alcohol and controlled substances contained in Section 5.09.028 of this Chapter. Y. The Adult Business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The Adult Business shall maintain tapes for 30 days and the equipment shall be maintained in good working order. 5.09.014 Special Requirements for Approval of Conditional Use Permits for Adult Businesses to Allow Customers to Remain on the Premises While Viewing Any Live, Filmed or Recorded Entertainment, or While Using or Consuming the Products or Service Supplied on the Premises. Adult Businesses which allow customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises shall provide at least one (I) security guard on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open or customers remain on the premises. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged, the operator, with preventing violations of law and enforcing compliance by patrons R:Ords-98-19 12 with the requirements of this Chapter, and notifying the City Police Chief and Building Official of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. 5.09.016 Special Requirements for Approval of Conditional Use Permits for Adult Businesses which provide Adult Arcades with One (1) or More Viewing Area(s). Adult Businesses which provide adult arcades with one (1) or more viewing area(s) shall conform with these additional requirements: A. Upon application for a Conditional Use Permit for an Adult Arcade, the applicant shall provide a floor plan of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed twenty eight (28) square feet of floor area with no dimension greater than seven (7) feet. The diagram shall also designate the place at which the Adult Business License will be conspicuously posted. B. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Planning Commission. C. It shall be the duty of the Owner(s) to ensure that at least one (1) employee is on duty and situated at each manager's station at any time that a patron is present inside the Adult Arcade. D. The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from at least one manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms. If the Adult Arcade has two (2) or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. E. It shall be the duty of the Owner(s) and all employees present on the Adult Arcade to ensure that the individual viewing area specified in subsection 5.09.016 (6) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the Adult Arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph 5.09.016 (1) of this paragraph. F. No Individual Viewing Area may be occupied by more than one (1) person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one (1) person. Individual Viewing Areas of the Adult Arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. G. No individual viewing area shall contain booths, stalls, or partitioned portions to be used for the viewing of adult material or other forms of entertainment, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to R:Ords-98-19 13 the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph 5.09.016 (7) shall be constructed so as to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. H. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material. Such lighting shall be shown on the required lighting plan. It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the Adult Arcade to ensure that the illumination described above is maintained at all times that any patron is present on the Adult Arcade. I, The Adult Business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The Adult Business shall maintain tapes for 30 days and the equipment shall be maintained in good working order. 5.09.018 Special Requirements for Approval of Conditional Use Permits for Adult Businesses Which Provide Live Entertainment Depicting Specified Anatomical Areas or Involving Specified Sexual Activities. Adult Businesses which provide live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities shall conform with the following additional requirements: A. No person shall perform live entertainment for patrons of a Adult Business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. "Entertainer' shall mean any person who is an employee or independent contractor of the Adult Business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of a Adult Business. B. The Adult Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. C. The Adult Business shall provide an entrance/exit to the Adult Business for entertainers which is separate from the entrance/exit used by patrons. D. The Adult Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult Business shall provide a minimum four-foot (4') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. E. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. R:Ords-98-19 14 F. No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. G. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty (20.0) foot candles as measured at the floor level. This lighting shall be shown on the required lighting plan. H. The Adult Business shall install and maintain security cameras to monitor activities in the interior and on the parking lot and areas surrounding the building. The Adult Business shall maintain tapes for 30 days and the equipment shall be maintained in good working order. 5.09.020 Administration of Conditional Use Permits. In addition to the provisions set forth in Section 17.04.010 of the Temecula Development Code, the Conditional Use Permits for Adult Businesses shall be administered according to the following: A. Time Limits For Action On Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the Planning Commission, based upon the satisfaction or failure to satisfy the standards applicable thereto, within forty-five (45) calendar days of the determination that the application is complete by the Department of Community Development. B. Appeals, The City Council on appeal, shall approve an application for a Conditional Use Permit for a Adult Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter. An Appeal shall be conducted pursuant to Section 17.03.090 of the Temecula Development Code with the sole exception that an appeal for an Adult Conditional Use Permit shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Temecula Municipal Code and applicable State Law. C. Suspension and Revocation of a Conditional Use Permit. In addition to the provisions set forth in Section 17.03.080, the Planning Commission 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 Chapter: 1. The operation 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, the requirements of this Chapter, the Conditional Use Permit, or Adult Business Permit, or is in violation of, or has violated, one or more of the conditions of approval of the Conditional Use Permit or; That the approved use has been substantially enlarged without City approval; 3. That the approved use has been partially or wholly converted to another Adult Business without City approval; its issuance; or That the Conditional Use Permit has not been utilized within six months of R:Ords-98-19 15 5. The Adult Business License has been suspended or revoked. 5.09.022 Requirements for Adult Business License, In addition to the general Business License requirements contained in Chapter 5.04 of the Temecula Municipal Code, the following additional general requirements contained in this Section shall be satisfied by all owners seeking a Adult Business License. Failure to comply with each and all of applicable requirements shall be grounds for revocation of the Adult Business License issued pursuant to this Chapter. The following requirements shall be included in the approval of all Adult Businesses: A. If a Adult Business is owned by a corporation, partnership, limited liability company or partnership, or other business entity, then each person owning or having control of ten percent (10%) or more of the entity shall also obtain a Adult Business License. Such persons may apply for the Adult Business License on the same application and application process as the entity which will own the Adult Business. B. No Adult Business License shall be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such License, and such License shall be thereafter null and void. C. An Adult Business License held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. D. Any change in the nature or composition of the Adult Business from one type of Adult Business use to another type of Adult Business use shall also render the Adult Business License null and void. 5.09,024 Administration of Adult Business License, A. Application For Adult Business License. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Finance Department. Such application shall contain: 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 ten percent (10%) of the stock of the corporation. If the Applicant is a partnership, limited liability company or limited liability partnership, the application shall show the name and residence address of each of the members, including limited partners with a ten percent (10%) or more interest; 3. A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 4. Proposed hours of operation; R:Ords-98-19 16 5. The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; 6. A statement of the nature and character of Applicant's business if any, to be carried on in conjunction with such entertainment; and 7. Whether the Applicant or any of the other Owners of the Adult Business has had a previous permit under this Ordinance or other similar ordinances from this City or an ordinance of another city or county denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. 8. Whether the Applicant or any other Owner holds any other permits and/or licenses for a Adult Business from another city or county, and if so the names and locations of such other permitted businesses. 9. If a person who wishes to operate a Adult Business is an individual, he/she must sign the application for a permit as Applicant. If a person who wishes to operate a Adult Business is other than an individual, each individual who has a five percent (5%) or greater interest in the business must sign the application for a permit as an Applicant. If a corporation is listed as Owner of a Adult Business or as the entity which wishes to operate such a business, each individual having a five percent (5%) or greater interest in the corporation must sign the application for a permit as an Applicant. 10. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the City Council, which will be used to defray the costs of investigation, inspection and processing of such application. B. Investigation. Upon receipt of a Adult Business License application by the City Finance Department and upon payment of the non-refundable application fee: 1. The City Finance Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. 2. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business License in accordance with its responsibilities under law and as set forth in this Chapter. 3. The investigation shall be completed within twenty-five (25) days of receipt of the application by the City Finance Department. 4. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. R:Ords-98-19 17 5. A department or agency shall disapprove an application if it finds that the proposed Adult Business will be in violation of any provision of any statute, code, Ordinance, regulation or other law in effect in the City. C. Decision By DirectOr of Finance on Application For Adult Business License. The Director of Finance or designee shall grant or deny an application for a License within forty- five (45) calendar days from the date of its proper filing. Upon the expiration of the forty-fifth (45th) day, unless the Applicant requests and is granted a reasonable extension of time, the Applicant shall be permitted to begin operating the business for which the License is sought, unless and until the Director of Finance notifies the Applicant of a denial of the application and states the reason (s) for that denial. D. Grant of Application For Adult Business License. The Director of Finance shall grant the application unless one or more of the reasons set forth in Section 5.09.024 E. (Denial of Application for License) below is present. The License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Business. The term of the license shall be one (1) year from the date of issuance. The license shall be posted in a conspicuous place at or near the entrance to the Adult Business so that it can be easily read at any time. E. Denial of Application of Adult Business License. If the Director of Finance denies the application, he/she shall notify the Applicant of the denial in writing and state the reason(s) for the denial. If a person applies for a License for a particular location within a period of twelve (12) months from the date of denial of a previous application for a License at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. The Director of Finance shall deny the application for any of the following reasons: 1. The Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Police Department, Fire Department or other department of the City; 2. The Applicant has had any type of Adult Business License revoked by any public entity within three (3) years of the date of the application; 3. The Applicant, manager or any agent or employee of the Adult Business has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of a Adult Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed; 4. The Applicant is under eighteen (18) years of age; or 5. The required application fees have not been paid. R:Ords-98-19 18 F. Inspection. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Community Development Department, or other City Departments or Agencies to inspect the premises of a 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 a Adult Business, or his or her agent or employee, is in violation of the provisions of this Section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. G. Renewal. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the License shall not be affected. In addition to the provisions set forth in Chapter 5.04.160 of the Temecula Municipal Code for a renewal of applications, all proposed changes since the filing of the initial application shall be specified in the renewal application. H. Denial of Renewal of Business Licenses. If the Director of Finance denies renewal of the License, the Applicant shall not be issued a License for one (1) year from the date of denial. If, subsequent to denial, the Director of Finance finds that the basis for denial of the renewal of the License has been corrected, the Applicant shall be granted a License if at least ninety (90) days have elapsed since the date denial became final. I. Revocation of Adult Business License, After an investigation, notice and hearing, the Director of Finance shall revoke an existing Adult Business License, 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 fail to comply with the requirements or fail 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 Licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Police or other department of the City; 3. The Licensee has had any type of Adult Business License revoked by any public entity within three (3) years of the date the license was issued; 4. There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; 5. The Licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of a Adult Business, whether or not the conviction is in California, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.S, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647 whether or not the conviction is being appealed; 6. If, on one (1) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set R:Ords-98-19 19 forth in subsection (5) above, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the Adult Business is located, and the person or persons were employees, contractors or agents of the Adult Business at the time the offenses were committed; 7. If the Licensee or any employee of the Licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; 8. The Adult Business has operated in violation of any of the requirements of this Chapter and, a. If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Licensee, or b. If the violation is of a noncontinuous nature two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Licensee within any twelve (12) month period; 9. That the subject Adult Business has employed minors; or revoked. 10. That the Conditional Use Permit for the use has been suspended or 11. Applicants for a License under this Section shall have a continuing duty during the term of the license to promptly supplement application information required by this Section in the event that the information changes in any way from what is stated on the application. The failure to comply with the continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Finance or his/her designee, shall be grounds for revocation of a License. J. Hearing on Revocation of Adult Business License, Upon determining that grounds for license revocation exist, the Director of Finance shall furnish written notice of the proposed revocation to the Licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the Licensee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice which shall be delivered both by posting the notice at the location of the Adult Business and by sending the notice by certified mail, postage prepaid, addressed to the Licensee as that name and address as appears on the License. It is the Licensee's responsibility pursuant to Section 5.09.024 to notify the City of any changes in address of the Licensee during the time the permit is in effect. Within fifteen (15) calendar days after the later of the mailing or posting of the notice the Licensee may file a request for hearing with the Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided. Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission shall conduct a hearing within thirty (30) calendar days of the filing of such request by the Licensee. Notice of time and place of the hearing shall be given to the Licensee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the Licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory R:Ords-98-19 20 rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission. At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director of Finance. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director of Finance regarding whether the License is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the Licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 5.09.024 I. of this Chapter, the Director of Finance, based upon the report of the Planning Commission or, if no hearing was requested by the Licensee, based upon the report of the City staff, shall immediately revoke the Adult Business License. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 5.09.020.A. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. No application for a Adult Business License shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which a Adult Business License has been revoked within the preceding three (3) year period. 5.09.026 Adult Business Employee Permit Required. Each Employee of a Adult Business or an independent contractor working at a Adult Business three or more times during a ninety (90) day period shall obtain a Adult Business Employee Permit issued by the Director of Finance. A. Each person requesting a Adult Business Employee Permit shall submit a verified application on a form provided by the Police Department which shall contain the name and permanent address of the applicant, the name and address of the location where the applicant will work, a statement as to whether the applicant is over the age of eighteen, and such other information as the Director of Finance requires in order to decide whether the permit can be granted. B. The Director of Finance shall grant the license unless he or she finds: 1. The Applicant is under the age of eighteen; 2. The Applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of a Adult Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed. R:Ords-98-19 21 3. The Adult Business at which the Applicant proposes to work is not properly permitted or licensed within the City of Temecula; or 4. The Applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or any document required to be filed with the Police Department. C. Within two (2) business days of an application being filed and determined complete by the Director of Finance, the Director of Finance shall approve or deny a Temporary Adult Business Employee Permit for the Applicant. If a Temporary Adult Business Employee Permit is approved it shall be in effect for a maximum of forty five (45) days or until such time as a permanent permit is issued. If the Temporary Adult Business Employee Permit or the Permanent Adult Business Employee Permit is denied, the Director of Finance shall notify the Applicant in writing and shall state the reasons for the denial. D. The permanent Adult Business Employee Permit shall be valid for a period of one (1) year. E. The Applicant who has been issued Adult Business Employee Permit shall have a continuing duty to report to the Director of Finance any change in the facts disclosed in the initial application. 5.09.028. Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age. A. It is unlawful to sell, serve or permit the consumption of alcohol or controlled substances in a structure occupied by a Adult Business. B. It is unlawful for any person under the age of eighteen (18) years or any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of a Adult Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Adult Business. C. It is unlawful for any person having responsibility for the operation of a Adult Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of a Adult Business has knowledge that the person is under the age of eighteen (18) years; or to allow any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of the business. D. For the purposes of this Section, the Licensee of a Adult Business License, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. As used in this Section "controlled substance" means those substances defined and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered. 5.09.030 Regulations Nonexclusive. 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 Businesses as adopted by the City Council of the City of Temecula. R:Ords-98-19 22 5.09.032 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 guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. 5.09.034 Public Nuisance. In addition to the penalties set forth at Section 5.09.032 above, any Adult Business which is operating in violation of this Chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation." Section 3. Chapter 5.08 of the Temecula Municipal Code is hereby repealed. Section 4. Table 17.03.010 in Section 17.03.010 of the Temecula Development Code is hereby revised to read, in words and figures, as follows: TABLE 17.03.010 PLANNING ANDZONING APPROVAL AUTHORITY Approval Admin. ** Planning Approval Community Commission Development Director City Council Conditional Use Permits-All Adult Businesses X Section 5. Section 17.08.020 of the Temecula Development Code is hereby revised to add subsection (H) thereto, to read as follows: "Special Use Overlay Zone No. 1. It is the intent of the Special Use Overlay Zone No. 1. to designate areas that Adult Businesses may be considered provided that they meet the provisions of Chapter 5.09 of the Temecula Municipal Code. This area is generally away from residential uses and other sensitive uses and is primarily located within the commercial districts." Section 6. Subsection A of Table 17.08.030 of Section 17.08.030 of the Temecula Development Code, is amended to read as follows: R:Ords-98-19 23 Table 17,08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use A Adult Businesses-subject to Chapter 5.09 of the Temecula Municipal Code4 NC CC HTC SC PO -- C C C I BP ILl 4. Only Within Special Use Overlay Zone No. 1. as described in Ordinance No. 9;5- Section 7. There is hereby established as part of the zoning of the City of Temecula the Special Use Overlay Zone No. 1., as shown on Exhibit A, attached hereto and incorporated herein by this reference as thought set forth in full. Section 8. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions 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 passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of the provisions may be declared to be invalid. Section 9. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 27th day of October, 1998. ' ~ '~'~ Rbberts,%ayor ATTEST: usan %V. Jones, C [SEAL] R:Ords-98-19 24 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 98-19 was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of October 1998 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of October 1998, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts None None S san W Jones CMC Cit~; Clerk R:Ords-98-19 25 ./ / >"/'/ ", ,/ -\ SP \ :' I · EXHIBIT A SPECIAL USE OVERLAY ZONE NO. 1 1"'