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HomeMy WebLinkAbout96-18 CC OrdinanceORDINANCE NO 96 -18 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 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. It is the purpose and intent of this Ordinance to provide for the ' reasonable and uniform regulation of adult - oriented businesses in the City of Temecula. It is recognized that adult - oriented 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 - oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult - oriented businesses, and maintain local property values. B. It is recognized that adult - oriented businesses, due to their nature, will effect 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 - oriented 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 substantiate the adverse, secondary effects of adult - oriented businesses: Ords \96 -18 t Austin, Texas: 1986 Indianapolis, Indiana: 1984 Los Angeles, California: 1977 Phoenix, Arizona: 1979 St. Paul, Minnesota: 1989 Garden Grove, California 1991 Upland, California 1992 (2) Based on the foregoing studies and the other evidence presented, the City of Temecula finds that: (a) Adult - oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, (b) Both the proximity of adult - oriented businesses to sensitive land uses and the concentration of adult - oriented businesses tend to result in the blighting and downgrading of the areas in which they are located. (3) The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult - oriented businesses adjacent to residential, recreational, religious, educational, or other adult - oriented businesses can cause other businesses and residents to move elsewhere. (4) The studies conducted in various communities in other jurisdictions have demonstrated that adult - oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them. (5) The special regulation of adult - oriented 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 - oriented 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, or day care centers, thereby having a deleterious effect upon the adjacent areas. (6) It is the purpose and intent of these special regulations to prevent the concentration of adult - oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the Ords \96 -18 citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of adult - oriented businesses is necessary. (7) The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult - oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other adult - oriented businesses. In preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other adult - oriented businesses into consideration and has endeavored to minimize the effect that adult - oriented businesses have upon those sensitive areas and upon the community in general. (8) The need to regulate the proximity of adult - oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other adult - oriented 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 sexually oriented businesses dated June 6, 1986, indicates that: (a) Community impacts of sexually oriented 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 sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, (b) The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented 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 report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult - oriented 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 oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, Ords \96 -1 S 3 1 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. The City of Temecula has conducted studies identifying particular areas of the City frequented by minors, and has identified areas wherein adult - oriented businesses would have a major visual impact upon the residents of the City, and has utilized such studies as the basis for locating areas of the City appropriate for the Adult Business Overlay Zones established in this Ordinance. (12) Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of adult - oriented 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 - oriented businesses in order to protect the health and well -being of its citizens. (14) The City Council of Temecula has considered the decisions of the United States Supreme Court regarding local regulation of adult - oriented 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 of Temecula has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements with respect to the ownership and operation of adult - oriented businesses are in the public interest. (16) The City Council of Temecula consistent with sale and consumption of alcohol and outside advertising limitations further finds that additional regulations, including restricted hours of operation will further prevent the adverse secondary effects of adult - oriented businesses. (17) The City Council of Temecula desires to protect the rights conferred by the United States Constitution. As such, the Council does so 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 Ords \96 -I8 4 studies have shown as associated with the development and operation of adult - oriented businesses. (18) It is not the intent of the City Council of Temecula 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 obscenity statutes against such illegal activities in Temecula. (19) 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 - oriented businesses. D.1. Pursuant to California Government Code Section 65858, the City Council hereby finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, and that the approval of the use permits and other applicable land use entitlements for the uses prohibited by this Ordinance would result in that threat to public health, safety or welfare based upon the facts set forth in this Ordinance and the facts presented to the Council. 2. The City of Temecula is currently in the process of studying and preparing a comprehensive revision to the zoning ordinance regulating the criteria under which adult - oriented businesses shall operate within the City. The purpose of this Ordinance is to provide the City of Temecula with interim zoning controls over adult - oriented businesses until such time as the City adopts a permanent zoning ordinance governing adult - oriented businesses, by prohibiting the establishment of adult businesses generally, and by providing exceptions for specific areas within the City wherein adult businesses shall be permitted pursuant to the interim regulations while the City develops and implements permanent zoning controls for adult businesses. 3. The City Council finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with a zoning proposal for the location of adult businesses which the City Council intends to study and consider. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform interim regulation of adult - oriented businesses in the City of Temecula. It is recognized that adult - oriented 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 Ordinance to establish interim criteria and standards for the establishment and conduct of adult - oriented businesses which will protect the public heath, safety, and general welfare, preserve locally Ords \96 -18 recognized values of community appearance, minimize the potential for nuisances related to the operation of adult - oriented businesses, and maintain local property values during such time as the City of Temecula develops permanent zoning controls over adult businesses. 4. 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. SECTION 2. While this Ordinance is in effect and during any extensions thereof pursuant to Government Code Section 65865, no land use entitlement, permit (including building permits) approval, site plan, certificate of occupancy, zoning clearance or other land use authorization for an 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 Ordinance, as defined in this Ordinance, shall be issued, granted or permitted. As an exception to the general prohibition of such Adult Businesses set forth herein, an Adult Business shall be permitted if the business complies with the regulations set forth in Chapter 5.09, Interim Adult Business Regulations, of the Temecula Municipal Code, as adopted by this ordinance. The following regulations, designated "Chapter 5.09, Interim Adult Business Regulations," are hereby adopted and added to the Temecula Municipal Code, for the term of this ordinance or any extensions thereof pursuant to Government Code Section 65868: "Chapter 5.09 INTERIM ADULT BUSINESS REGULATIONS 5.09.002 Purpose and Intent. 5.09.004 Definitions. 5.09.006 Restriction to Commercial and Industrial Zones 5.09.008 Statements and Records. 5.09.010 Conditional Use Permit Required. 5.09.012 Time Limits For Action On Conditional Use Permit. 5.09.014 Sale /Serving of Alcohol and Intoxicated Persons. 5.09.016 Suspension and Revocation of a Conditional Use Permit. 5.09.018 Adult Business License Required. Ords196 -18 5.09.020 Application For Adult Business License. 5.09.022 Investigation. 5.09.024 Decision by Director of Community Development on Application For License. 5.09.026 Grant of Application For License. 5.09.028 Denial of Application For License. 5.09.030 Inspection. 5.09.032 Expiration of License. 5.09.034 Revocation of License. 5.09.036 Hearing on Revocation of License. 5.09.038 Regulations Nonexclusive. 5.09.040 Violations /Penalties. 5.09.042 Public Nuisance. 5.09.002 Purpose and Intent. The purpose and intent of this Chapter are to regulate adult - oriented businesses which, unless closely regulated, tend 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. 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. 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. Ords \96 -18 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 has as a regular and substantial portion of its business 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 specific anatomical areas. 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 portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter 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 regularly 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 (1) provides patrons with closed- circuit television transmissions, films, motion pictures, video Ords196 -18 8 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 /or (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty -four (24) hour period. F. Adult Material shall mean 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 specific 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. Establishment of an 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 an Adult Business, to any of the Adult Businesses defined herein; 3. The addition of any of the Adult Businesses defined herein to any other existing Adult Business; or 4. The relocation of any such Adult Business. J. Gross Receipts. Shall mean and includes the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, Adult Material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. Ords196 -18 K. Owner or Permit Holder or Permittee. For purposes of this Chapter, Owner, Permit holder or Permittee shall mean any of the following: (i) the sole proprietor of an Adult Business; or (ii) each general partner of a partnership which owns and operates an Adult Business; or (iii) each owner of ten percent (10 %) or more of stock in a corporation which owns and operates an Adult Business. H. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). I. "Regular and substantial course of conduct" and "regular and substantial portion of its 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 2. The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or 3. At least twenty -five percent (25 %) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. M. Religious Institution shall mean a structure which is used primarily for religious worship and related religious activities; N. School shall mean any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. O. Specified Anatomical Areas shall include any of the following: Ords \96 -18 10 I . 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 discernably turgid state, even if completely and opaquely covered. P. Specified Sexual Activities shall includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; copulation or sodomy; 2. Sex acts, actual or simulated, including intercourse, oral 3. Masturbation, actual or simulated; 4. Excretory functions as part of or in connection with any of the activities described in subdivisions a. through c. 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 to the point where Specified Anatomical Areas are exposed. Q. Substantial Enlargement shall mean the increase in floor area occupied by the business, by more than ten percent (10 %) as the floor area exists on the effective date of this Chapter. R. Transfer of Ownership or Control of An 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. Ords \96 -18 I1 S. Police and Fire Departments shall mean the agencies providing police and fire services by contract for the City of Temecula. 5.09.006 Restricted to Commercial and Industrial Zones. Notwithstanding any provision to the contrary in the Temecula Municipal Code, no Adult Business shall be established, expanded, or conducted except in a Service Commercial ( "SC ") Zone or the Industrial Zone, subject to the following regulations: A. The adult business shall conform to all of the regulations contained in this Chapter; and B. No adult business shall be located within one thousand (1000) feet of: 1. Any residential use, whether inside or outside of the Temecula city limits; 2. Any Religious Institution, whether inside or outside of the Temecula city limits; 3. Any School or day care center, public or private park or playground (except for a private playground incidental to a business serving food), whether inside or outside of the Temecula city limits; 4. Any retirement home or convalescent hospital, whether inside or outside of the Temecula city limits; 5. Any recreational facility, public or private, including, without limitation, an arcade, bowling alley, skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside or outside of the Temecula city limits; 6. City Hall, city offices, and other public buildings, whether inside or outside of the Temecula city limits; and limits. B. of another Adult Business. 7. Libraries, whether inside or outside of the Temecula city No adult business shall be located within two hundred (200) feet Ords196 -18 12 C. For the purposes of this Chapter, all distances shall be measured in a straight line, without regard for intervening structures or objects, from the nearest closest exterior wall of the structure in which the business is located to the to the property line of the use from which it is to be separated. 5.09.008 Statements and Records. Person(s) required to obtain an Adult Business License pursuant to the provisions of this Chapter for any business establishment which provides products, Adult Material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in Section 5.09.004 of this Chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, Adult Material, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this Section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places. 5.09.010 Conditional Use Permit Reqred. 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 first obtains, and continues to maintain in full force and effect an Adult Business License pursuant to Section 5.09.018 herein, and a Conditional Use Permit. In addition to the base zoning requirements governing Conditional Use Permits generally, the following additional requirements shall be satisfied by Adult Businesses and shall be included in any approved Conditional Use Permit: A. 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. B. 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. C. 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. Ords196 -18 13 D. 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. E. The building entrance to an Adult Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Community Development. F. The Adult Business shall not be located, in whole or in part, within any portable structure. G. The Adult Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business. H. The Adult Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. I. Any Adult Business which allows 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 conform to the following additional requirements: 1. At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. 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 with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Department and Code Enforcement Department 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. 2. 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 Ords196 -18 14 thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. 3. The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the Director of Community Development. 4. The premises within which the Adult Business is located shall provide sufficient sound - absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right -of -way or within any other building or other separate unit within the same building. 5. 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. 6. 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. J. All indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view at all times. K. 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. L. 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. M. No person under the age of eighteen (18) years shall be permitted within the premises at any time. N. 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 Ords196 -18 15 motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to an 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. O. Except as otherwise required by law for adult motion picture theaters, and except as provided in subparagraph 18 of Section 5.09.010 with regard to Adult Arcades, and subparagraph 19 of Section 5.09.010 with regard to Adult Businesses providing live entertainment, all areas of the Adult Business accessible to patrons shall be illuminated at least to the extent of twenty (20) foot - candles, minimally maintained and evenly distributed at ground level. P. All on -site signage shall conform to the relevant provisions of the Temecula Municipal Code regarding signs. All Adult Materials and activities shall be concealed from view from any public right -of -way, parking lot or neighboring property. Q. No Adult Business shall be open or operating during the hours from 10:00 p.m. to 8:00 a. in. R. The following additional requirements shall pertain to Adult Arcades which provide one (1) or more viewing area(s): 1. Upon application for a Conditional Use Permit for an Adult Arcade, the application shall be accompanied by a diagram 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 thirty -two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Adult Business License will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the Adult Arcade to an accuracy of plus or minus six (6) inches. 2. The application shall be sworn to be true and correct by the Owner under penalty of perjury. Ordal96 -18 16 3. 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. 4. 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 all times that any patron is present inside the Adult Arcade. 5. The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from a 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. 6. 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 individual viewing area specified in subsection (g) 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 (a) of this paragraph. 7. 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. 8. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to 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 (h) 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. Ords \96 -18 17 9. 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. 10. 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. S. The following additional requirements shall pertain to Adult Businesses providing live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities: 1. No person shall perform live entertainment for patrons of an 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 an Adult Business. 2. The Adult Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. 3. The Adult Business shall provide an entrance /exit to the Adult Arcade for entertainers which is separate from the entrance /exit used by patrons. 4. 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 three -foot (3') 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. 5. 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. Ords \96 -18 18 6. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. 7. 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. The foregoing applicable requirements of this Section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the Conditional Use Permit and the Adult Business License issued pursuant to this Chapter. 5.09 012 Time Limits For Action On Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the Planning Commission within forty -five (45) days of its acceptance as complete by the Department of Community Development. The Planning Commission, or City Council on appeal, shall approve an application for a Conditional Use Permit for an Adult Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter. Any proceeding to appeal such decision to the City Council shall be filed with the City Clerk within fifteen (15) days of such decision. An appeal 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. A. It is unlawful to sell, serve or permit the consumption of alcohol in a structure occupied by an Adult Business. B. It is unlawful for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of an 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 an 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 an Adult Business has knowledge that the person is under the Ords \96 -18 19 age of eighteen (18) years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this Section, the Licensee of an 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. 5.09,016 Suspension and Revocation of a Conditional Use Permit. 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: A. 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, and the conditions of approval of the Conditional Use Permit; B. That the approved use has been substantially enlarged without City approval; C. That the approved use has been partially or wholly converted to another Adult Business without City approval; D. That the Conditional Use Permit has not been utilized within six months of its issuance; or E. The Adult Business License has been suspended or revoked. 5.09.018 Adult Business License Required. Each Owner proposing to operate an Adult Business must obtain an Adult Business License in addition to a Conditional Use Permit. If an 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 an 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. 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. An Adult Business License held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. 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 Ords196 -18 20 shall also render the License null and void. An Adult Business License shall be valid only for the exact location specified in the License. 5.09.019 Adult Business Employee Permit. Each Employee of an Adult Business or an independent contractor working at an Adult Business three or more times during a thirty (30) day period shall obtain a Adult Business Employee Permit. A. Each person requesting an Adult Business Employee Permit shall submit a verified application on a form provided by the Community Development 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 or forms as the Director of Community Development requires in order to decide whether the permit can be granted. B. The Director 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 an 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. 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, the Director 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 Ords196 -18 21 the permanent Adult Business Employee Permit is denied, the Director 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 any change in the facts disclosed in the initial application. 5 09 020 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 Community Development Department. Such application shall contain: A. The name and permanent address of Applicant. B. 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 lim- ited partners with a ten percent (10 %) or more interest; C. A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; D. Hours of operation; E. A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; F. The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; G. A statement of the nature and character of Applicant's business if any, to be carried on in conjunction with such entertainment; and Ords \96 -18 22 H. For a renewal application, Applicant in addition shall indicate any changes since the filing of the initial application. I. 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 another city or county denies, 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. J. Whether the Applicant or any other Owner holds any other permits and /or licenses for an Adult Business from another city or county, and if so the names and locations of such other permitted businesses. K. If a person who wishes to operate an Adult Business is an individual, he /she must sign the application for a permit as Applicant. If a person who wishes to operate an Adult Business is other than an individual, each individual who has a ten percent (10 %) or greater interest in the business must sign the application for a permit as an Applicant. If a corporation is listed as Owner of an Adult Business or as the entity which wishes to operate such a business, each individual having a ten percent (10 %) or greater interest in the corporation must sign the application for a permit as an Applicant. All applications for a license or renewal shall be filed with the City Community Development Department. 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 fees will be used to defray the costs of investigation, inspection and processing of such application. Fees established for Adult Businesses under Chapter 5.08 of the Temecula Municipal Code shall apply to applications for this Chapter 5.09. 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 said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Community Development or his /her designee, shall be grounds for revocation of a License. Ords \96 -18 23 5.09.022 Investigation. Upon receipt of an application properly filed with the City Community Development Department and upon payment of the nonrefundable application fee, the City Community Development 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. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business in accordance with its responsibilities under law and as set forth in this Chapter. Said investigation shall be completed within twenty -five (25) days of receipt of the application by the City Community Development Department. 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. 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. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City Community Development Department. 5.09,024 Decision By Director of Community Development on Applicati on For License. The Director of Community Development or designee (hereinafter 'Director') shall grant or deny an application for a License within forty -five (45) 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 notifies the Applicant of a denial of the application and states the reason(s) for that denial. A. The Director shall grant the application unless one or more of the reasons set forth in Section 5.09.028 (Denial of Application for License) below is present. B. 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 permit 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. 5 09.028 Denial of Application of License. The Director shall deny the application for any of the following reasons: Ords196 -18 24 A. The building, structure, equipment and location used by the business for which a license is required herein do 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; B. 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; C. The Applicant has had any type of Adult Business License revoked by any public entity within two (2) years of the date of the application; D. 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 an 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; use; or E. A Conditional Use Permit has previously been denied for the proposed G. That an Applicant is under eighteen (18) years of age; The required application fees have not been paid; or J. The Applicant will not be able to comply with the conditions of approval or regulations applicable to the Adult Business as required by this Chapter. If the Director denies the application, he 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. Ords \96 -18 25 5.09.030 Inspection. An Applicant or Licensee shall permit representatives of the Police Department, 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 or her 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. 5.09.032 Expiration of License. Each License shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 5.09.020 (for renewals, filing of original survey shall be sufficient). 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. The renewal shall be considered and approved, conditionally approved, or denied on the same grounds as set forth in Sections 5.09.018 through 5.09.036. If the Director 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 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. 5.09.034 Revocation of License. After an investigation, notice and hearing, the Director 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: A. 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; B. 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; C. 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; Ords \96 -18 26 D. 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; E. 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 an 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 the conviction is being appealed; F. 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 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; G. If the Licensee or any employee of the Licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; H. The Adult Business has been operated in violation of any of the requirements of this Chapter and, (i) 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 (ii) 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; I. That the subject Adult Business has employed minors; or J. That the Conditional Use Permit for the use has been suspended or revoked. 5.09.036 Hearing on Revocation of License. Upon determining that grounds for license revocation exist, the Director shall furnish written notice of the proposed revocation to the Licensee. Such notice shall summarize the principal reasons for the proposed Ords196 -18 27 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 5.09.020 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 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. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director 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 5.09.034 of this Chapter, the Director, 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 5.09.012. 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. Ords \96 -18 28 No application for an Adult Business License shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which an Adult Business License has been revoked within the preceding three (3) year period. 5.09.038 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. 5.09.040 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. 5.09.042 Public Nuisance. In addition to the penalties set forth at Section 5.09.042 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. 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 said provisions may be declared to be invalid. SECTION 4. This Ordinance being an Urgency Ordinance shall be effective as of the date is adopted. SECTION 5. The City Clerk shall certify to the passage of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. Ords196 -18 29 PASSED, APPROVED, AND ADOPTED this 22nd day of October, 1996. . Lindemans, Mayor ATTEST: Ju S reek, CMC, City erk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 96 -18, was duly adopted and passed as an urgency measure at a regular meeting of the City Council on October 22, 1996, by the following vote, to wit: AYES: 4 COUNCIL MEMBERS: NOES: 0 COUNCIL MEMBERS: ABSENT: 1 COUNCIL MEMBERS: Ords \96 -18 30 Birdsall, Ford, Roberts, Stone None Lindemans J S. Greek, CM t, ity Clerk