HomeMy WebLinkAbout96-20 CC OrdinanceORDINANCE NO 96-20
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
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:
Austin, Texas: 1986
Indianapolis, Indiana: 1984
Los Angeles, California: 1977
Phoenix, Arizona: 1979
' St. Paul, Minnesota: 1989
Garden Grove, California 1991
Upland, California 1992
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' (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
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
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' 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,
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
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ilocating 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
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
Ords\96 -20
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. 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 has a term of forty five (45)
days from its adoption. Pursuant to Section 65858, the moratorium and interim regulations
adopted by Ordinance No. 96 -18 may be extended for an additional term of 10 months and 15
days. This ordinance implements these provisions and is intended to extend the moratorium
adopted by Ordinance No. 96 -18 and adopt the interim adult business regulations set forth
' herein for the period commencing on the expiration of Ordinance No. 96 -18 and ending 10
months and 15 days thereafter.
1. On October 22, 1996 the City Council formally directed the Planning
Department Staff and the Planning Commission to "continue to conduct further studies and
hearings on appropriate regulations for Adult Businesses and appropriate locations within the
City for Adult Businesses." Since that time the Planning Department has been reviewing the
interim regulations and studying revisions of them for the permanent regulations. Specifically
the Staff has been reviewing the suggestions and comments made by a business owner at the
Council meeting of October 22, 1996 concerning the standards for defining "Regular and
substantial course of conduct" and "regular and substantial portion of its business" as used in
the interim regulations. The Planning Staff is also reviewing 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 Planning Staff expects to complete this review, prepare a
permanent adult business ordinance, and schedule hearings on the revised ordinance before the
Planning Commission in February 1997.
2. 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
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' 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.
3. 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.
4. 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
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.
5. 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
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' 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
Ords�96 -20 7
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
5.09.012
Conditional Use Permit Required.
Time Limits For Action On Conditional Use Permit.
5.09.014
Sale /Serving of Alcohol and Persons Under the Influence of Alcohol of
Controlled Substances; Age
5.09.016
Suspension and Revocation of a Conditional Use Permit.
5.09.018
Adult Business License Required.
5.09.019
Adult Business Employee Permit
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.
Ords�96 -20 7
' 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.
L �I'
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.
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.
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' 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
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
OrdcV6 -20
performances which are characterized by the exposure of Specified Anatomical Areas or by
Specified Sexual Activities.
new business;
I. Establishment of an Adult Business includes any of the following:
1. The opening or commencement of any such business as a
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.
•.o • '- a .ns e a u ,s
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 co arse 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
OrdcV6 -20
10
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:
I
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.
P. Specified Sexual Ac ivi iec shall includes any of the following:
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
OrdsV6 -20 11
' 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:
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.
' 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 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 Community
Commercial ( "CC ") 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;
Ordz\96 -20 12
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
Libraries, whether inside or outside of the Temecula city
limits.
B. No adult business shall be located within two hundred (200) feet
of another Adult Business.
' 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 Required. 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
Ords\96 -20 13
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.
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.
1
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.
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IH. 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
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.
OrdsV6 -20 is
' 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.
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
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.
1
OrdsU6 -20
16
Q. No Adult Business shall be open or operating during the hours
from 10:00 p.m. to 8:00 a. m.
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.
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.
Ords�96 -20 17
' 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.
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
OrdsV6 -20 18
' 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.
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.
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
Ordc196 -20 19
' 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
or controlled substances in a structure occupied by an 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 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
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 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. 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.
5.09.016 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 or 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 Adult Business Permit;
Ords\96 -20 20
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
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.
Ord4\96 -20
B. The Director shall grant the license unless he or she finds:
21
' 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
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.
Ords\96 -20 22
' 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
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.
OrdrV6 -20 23
' 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.
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.
Ords\96 -20 24
' 5.09.024 Decision By Director of Community Development on Application
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:
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
Ords\96 -20 25
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;
I. The required application fees have not been paid; or
I. 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.
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
1
OrdsV6 -20 26
' 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;
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.S, 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;
OrdvU6 -20 27
IG. 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
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.
0
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.
OrdsV6 -20 28
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.
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.
1
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.
Ords\96 -20 29
' 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.
�J
SECTION 4. This Ordinance being an Urgency Ordinance shall be effective as of the
date Ordinance No. 96 -18 expires and shall continue in effect for a period of 10 months and
15 days thereafter pursuant to the provisions of California Government Code Section 65858.
Ordinance No. 96 -18 shall expire and be of no further force and effect at the conclusion of the
forty fifth day following its adoption.
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.
PASSED, APPROVED, AND ADOPTED this 12th day of November, 1996.
ATTEST:
June eek, CMC, City Clerk
[SEAL]
OrdsV6 -20 30
744arel F. Lindemans, Mayor
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 -20, was duly adopted and passed as an urgency measure at a regular meeting
of the City Council on November 12, 1996, by the following vote, to wit:
AYES:
5
COUNCILMEMBERS:
NOES:
0
COUNCILMEMBERS:
ABSENT:
0
COUNCILMEMBERS:
1.11MAUSUI
31
Birdsall, Ford, Roberts, Stone,
Lindemans
None
None