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