HomeMy WebLinkAboutORD-11-96 Add Ch. 5.86 Sexually Oriented and Adult BusinessesORDINANCE NO. 11-
96 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 5.86 TO
THE ORANGE MUNICIPAL CODE PERTAINING
TO SEXUALLY ORIENTED/ADULT
BUSINESSES.WHEREAS, the City Council of the City of Orange wishes to promote the
City of Orange's great interest in protecting and preserving the quality of the
residential,commercial and industrial areas of the City and the quality oflife through effective
land use planning;
and WHEREAS, the City Council, in adopting this ordinance, takes
legislative notice of the existence and content of the following studies concerning the
adverse secondary side effects of sexually oriented/adult businesses in other cities:
Garden Grove, California (1991); Austin, Texas (1986); Taylor, Michigan (1985);
Indianapolis,Indiana (1984); Phoenix, Arizona (1979); Los Angeles, California (1977); as well as
the report of the Attorney General's Working Group on Regulation of
SexuallyOriented/Adult Business Minnesota (1989). The City Council fmds that these
studies are rel~:vant to the problems addressed by the City in enacting this ordinance to
regulate the adverse secondary side effects of sexually oriented/adult businesses, and
more specifil:ally finds that these studies provide convincing evidence
that:1. Crime rates are higher in residential areas surrounding
Sexually Oriente:d/Adult Businesses than in commercial or industrial areas surrounding
Sexually Oriente:d/ Adult
Businesses;2. Crime rates in areas in which SexuallyOriented/Adult Businesses
are closely situated to each other are higher than areas in which SexuallyOriented/
Adult Businesses are separated from each
other;3. Sexually Oriented/Adult Businesses should not be located in areas of
the City which are in the vicinity of residential uses, religious institutions, parks
and
schools;4. The image of the City of Orange as a pleasant and attractive place
to reside lmd to conduct business will be adversely affected by the presence of
SexuallyOriented/Adult Businesses in close proximity to residential uses, religious
institutions,parks and
schools;
n._..__._______..__.___
5. The existence of Sexually Oriented/Adult Businesses in close proximity
to residential and commercial areas has been shown in some cities to reduce the
property values in those residential and commercial areas;
6. A reasonable regulation of the location of Sexually Oriented/Adult
Businesses protects the image of the community and its property values and protects
residents from the adverse secondary effects of such Sexually Oriented/Adult
Businesses, while providing persons who desire to patronize Sexually Oriented/Adult
Businesses an opportunity to do so-in appropriate areas within the
City;7. Regulations for SexuallyOriented/Adult Businesses should be
developed to prevent deterioration and/or degradation of the vitality of the
community;8. SexuallyOriented/Adult Businesses should be regulated by
developing zoning and other regulatory mechanisms which will separate such land uses
from incompatible uses;
and WHEREAS, based on the foregoing, the City Council of the City of
Orange finds and determines that special regulation of Sexually Oriented/Adult Businesses
is necessary to ensure that their adverse secondary side effects will not contribute to
an increase in crime rates or to the blighting or deterioration of the areas in which they
are located or surrounding areas. The need for such special regulations is based upon
the recognition that Sexually Oriented/Adult Businesses have serious
objectionable characteristics, particularly when several of them are concentrated under
certain circumstances or located in direct proximity to sensitive uses such as parks,
schools,and churches, thereby having a deleterious effect upon the adjacent areas. It is
the purpose and intent of these special regulations to prevent the concentration of
Sexually Oriented/Adult Businesses and thereby prevent such adverse secondary side effects;
and WHEREAS, the locational requirements established by this ordinance do
not unreasonably restrict the establishment or operation of constitutionally
protected Sexually Oriented/Adult Businesses in the City of Orange, and a sufficient
reasonable number of appropriate locations for Sexually Oriented/Adult Businesses are
provided by this ordinance;
and WHEREAS, in developing this ordinance, the City Council has been mindful
of legal principles relating to regulation of Sexually Oriented/Adult Businesses and
does not intend to suppress or infringe upon any expressive activities protected by the
First Amendment of the United States and California Constitutions, but instead desires
to enact reasonable time, place, and manner regulations that address the adverse
secondary effects of Sexually Oriented/Adult Businesses. The City Council has
considered decisions of the United States Supreme Court regarding local regulation of
adult businesses including but not limited to: Young vs. American Mini Theaters. Inc..
427 Ord.No.ll-96 2
U.S. 50 (1976) Reh. Denied 429 U.S. 873; Renton vs. Plavtime Theaters. 475 U.S. 41
1986) Reh. Denied 475 U.S. 1132; FW/PBS. Inc. vs. Dallas. 493 U.S. 215 (1990);
Barnes vs. Glenn Theater, 111 S.Ct. 2456 (1991); United States Court of Appeals 9th
Circuit decisions, including but not limited to: Tooanga Press. et al. vs. City of Los
Angeles. 989 F.2d (1993); and several California cases including but not limited to:
City of National City vs. Wiener. 3 Cal.4th 832 (1992); Peoole vs. Suoerior Court
Lucero). 49 Cal.3d 14 (1989); and City of Valleio vs. Adult Books. et
al..
167
Cal.App.3d 1169 (1985); and
WHEREAS, the City Council of the City of Orange also determines that
locational criteria alone does not adequately protect the health, safety, and general
welfarle of the citizens of the City of Orange and thus certain requirements with respect
to the ownership and operation of Sexually Oriented! Adult Businesses are in the public
interest. In addition to the findings and studies conducted in other cities regarding
increases in crime rates, decreases in property values and the blighting of areas in which
such businesses are located, the City Council also takes legislative notice of the facts
recited in the case ofKev. Inc. vs. Kitsao County, 793 F.2d 1053 (1986), regarding how
live adult entertainment businesses result in secondary effects such as prostitution, drug
dealing, and other law enforcement problems; and
WHEREAS, the studies referred to above show that Sexually Oriented! Adult
Businesses are frequently used for sexual activities including prostitution and for other
sexual liaisons of a casual nature in places open to the public, and therefore, the City
Council of the City of Orange has a legitimate health concern over sexually transmitted
disease:s, including AIDS, and this legitimate health concern demands reasonable
regulations of Sexually Oriented! Adult Businesses in order to protect the health and
well-bc:ing of the citizens of Orange;
and WHEREAS, several courts have upheld restrIctIons on the
configuration,openne:ss, and viewability of the peep show motion picture viewing booths in
adult-oriented establishments and sexually oriented businesses as a means of controlling
and preventing the spread of sexual and communicable diseases, public and
unhealthy sexual activities, prostitution, and other dangerous or unlawful sexual conduct in
such booths, including: Libra Books. Inc. vs. City of Milwaukee. 818 F.Supp. 263 (E.
D.Wisc. 1993); City News & Novelty vs. City of Waukesha. 487 N.W.2d 316 (
Wisc.Ct.App. 1992); Bamon Com. vs. City of Dayton. 923 F.2d 470 (6th Cir. 1991);
Movie Video World vs. Board of County Comm'rs, supra, 723 F.Supp. 695 (S.D. Fla.
1989);Ellweslt Stereo Theatre. Inc. vs. Boner. 718 F.Supp. 1553 (M.D. Tenn. 1989); Berg
vs.Health and Hosoital Com. of Marion County. 865 F.2d 797 (7th Cir. 1988); FW/
PBS.Inc. vs. City of Dallas. 837 F.2d 1298 (5th Cir. 1988); Postscriot Enters vs. City
of Bridgeton. 699 F.Supp. 1393 (E.D. Mo. 1988); Suburban Video. Inc. vs. City
of DelafielQ, 694 F.Supp. 585 (E.D. Wisc. 1988); Doe vs. City of Minneaoolis.
693 F.Supp. 774 (D. Minn. 1988);
Wall
Distribs.. Inc. vs. City of Newoort News. 782 F.
2d SSH:aii 3 OrdNo.
1165 (4th Cir. 1986); Broadwav Books. Inc. vs. Roberts. 642 F.Supp. 486, 492 (E.D.
Tenn. 1986); Moodv vs. Bd. OfCountv Comm'rs, 697 P.2d 1310 (Kan. 1985); County
of Sacramento vs. Suoerior Court {Goldiest 187 Cal.Rptr. 154 (Cal.Ct.App. 1982);
Ellwest Stereo Theatres. Inc. vs. Wenner. 681 F.2d 1243 (9th Cir. 1982); EWAP. Inc.
vs. City of Los Angeles. 158 Cal.Rptr. 579 (Cal.Ct.App. 1979); and that therefore, such
restrictions are lawful and proper to adopt in this State; and
WHEREAS, zoning, licensing and other police power regulations are legitimate,
reasonable means of accountability to help protect the quality of life in the community
of Orange and to help assure that all operators of Sexually Oriented! Adult Businesses
comply with reasonable regulations and are located in places that minimi7.e the adverse
secondary effects which naturally accompany the operation of such businesses; and
WHEREAS, the City Council of the City of Orange recognizes the possible
hannful effects on children and minors exposed to the effects of such Sexually
Oriented! Adult Businesses and the deterioration of respect for family values, and the
need and desire of children and minors to stay away from and avoid such businesses,
which causes children to be fearful and cautious when waIking through or visiting the
immediate neighborhood of such businesses; and the City Council desires to minimize
and control the adverse secondary side effects associated with the operation of Sexually
Oriented!Adult Businesses and thereby protect the health, safety, and welfare of the
citizens of Orange; protect the citizens from increased crime; preserve the quality of
life; preserve property values and the character of surrounding neighborhoods and
businesses; deter the spread of urban blight and protect against the threat to health from
the spread of communicable and sexually transmitted diseases; and
WHEREAS, it is not the intent of the City Council of the City of Orange in
enacting this ordinance, or any provision thereof, to condone or legitimize the
distribution of obscene material, and the City of Orange recognizes that state law
prohibits the distribution of the obscene materials and expects and encourages law
enforcement officials to enforce state obscenity statutes against such illegal activities in
the City of Orange; and
WHEREAS, nothing in this ordinance 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, obscene or
hannful matter or the exhibition or public display thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE HEREBY ORDAINS AS FOLLOWS:
Ord.No.ll-96 4 SSH:
SECTION I:
Chapter 5.86 of the Orange Municipal Code is hereby added as follows:
CHAPTER 5.86
SEXUALLY ORIENTED/ADULT BUSINESSES
5.86.010 Intent.
5.86.020 Definitions.
5.86.030 Statements and Records.
5.86.040 Permit Required.
5.86.050 Persons Eligible.
5.86.060 Application Requirements.
5.86.070 Approval or Denial of Permit.
5.86.080 Standards for Approval of Permit.
5.86.090 Minors and Intoxicated Persons Excluded.
5.86.100 Permit Duration.
5.86.110 Permit Renewal.
5.86.120 Permits Non-
Transferable.5.86.130 Enforcement, Modification, and
Revocation.5.86.140 SexuallyOriented/Adult Business Employee
License.5.86.150 Hearings and
Appeals.5.86.160
Violations.5.86.170
Nuisance.5.86.180 Remedies
Cumulative.5.86.010 Intent. The intent of this Section is to regulate 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
Sexually Oriente:d/Adult Businesses; interference with residential property owners' enjoyment
of their property when such property is located in the vicinity of Sexually Oriented/
Adult Businesses as a result of increases in crime, litter, noise and vandalism; higher
crime rates in the vicinity of SexuallyOriented/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 necessllIY to prevent these adverse effects and the blighting or degradation
of the neighborhoods in the vicinity of the Sexually Oriented/
Adult Businesses.It is neither the intent nor the effect of this Chapter to impose
limitations or restrictions on the content of any communicative material. Similarly, it is
neither the intent nor the effect of this Chapter to restrict or deny access by adults
to Sexually SSH:ajj 5 Ord.
Oriented/Adult Materials or to deny access by the distributors of Sexually
Oriented/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.
5.86.020 Definitions. For the purpose of this Title, the following words and
phrases shall have the meanings respectively ascribed to them by this Chapter:
A. "SDecified Anatomical Parts":
1. Less than completely and opaquely covered human genitals; pubic
hair, buttocks; natal cleft; perineum; anal region; pubic hair region; or female breast
below a point immediately above the top of the areola; or
2. Human male genitals in a noticeably turgid state, even if
completely and opaquely covered
B. "SDecified Sexual Activities":
1. Actual or simulated: sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual relationship, or the
use of excretory function in the context of a sexual relationship; or any of the following
depicted sexually-oriented acts or conduct, whether actual or simulated:
anilingus,buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
sapphism,urophilia, zooerastia, zoophilia,
or 2. Clearly depicted human genitals in a state of sexual
stimulation,arousal or tumescence;
or 3. Use of human or animal ejaculation;
or 4. Fondling or erotic or sexually-oriented touching of
human genitals,pubic region, buttocks, natal cleft, anal region or female
breast; or 5. Masochism, erotic or sexually-oriented torture,
beating or the infliction
of pain; or 6. Erotic or lewd touching, fondling,
or other sexually-oriented contact with an animal by
a human being; or Ord.No.
irrigation; or
7. Human excretion, urination, menstruation, vaginal or anal
8. Striptease or the removal of clothing, or the wearing of transparent
or diaphanous clothing, including models appearing in lingerie, to the point where
Specified Anatomical parts are exposed.
C. "Semi-Nude" shall mean a state of undress in which clothing covers
no more than the genitals, pubic region, and areola of the breast, as well as portions of
the body covered by supporting straps or
devices.D. "SexuallvOriented/Adult Bookstore": Any establishment, which as
a regular and substantial portion of its business, displays and/or distributes
Sexually Oriented/Adult Merchandise, books, periodicals, magazines, photographs,
drawings,sculptures, motion pictures, videos, films, or other visual representations which
are distinguished or characterized by an emphasis on matter depicting, describing
or relating to Specified Sexual Activity or Specified Anatomical parts. Alternatively, if
a substantial portion of the stock in trade, revenue obtained from such matter
or advertising is characterized by an emphasis on such matter it shall be considered
a Sexually Oriented/Adult
Bookstore.E. "SexuallvOriented/Adult Businesses": Any business establishment
or concern which as a regular and substantial course of conduct performs or operates as
a Sexually Oriented/Adult Bookstore, SexuallyOriented/Adult Theater,
Sexually Orient(:d/Adult Motion Picture Arcade, Sexually Oriented/Adult Cabaret,
SexuallyOriented/Adult MotellHotel, SexuallyOriented/Adult Motion Picture Theater, Nude
or Semi-Nude Model Studio, Sexual Encounter Establishment, or sells
or distributesSexually Oriented/Adult Merchandise, or any other business 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 Parts but not including those uses or activities, the
regulation of which is preempted by state law. "Sexually Oriented/Adult Businesses"
shall also include any establishment which as a regular and substantial course of
conduct allows perfomlers, models, or employees to appear in any public place in lingerie. As
used in this Chapter, the terms "regular and substantial course of conduct" and "
regular and substantial portion of its business" shall mean anySexually Oriented/
Adult Business where one or more of the
following exists:1. The area(s) devoted to the display of
sex-oriented merchandise and/or sex-oriented material exceeds fifteen (15) percent of the total
display area
of the business; or SSH:aii
2. The business or concern presents any type of live entertainment
characterized by an emphasis on Specified Sexual Activity or Specified Anatomical
Parts, or performers, models or employees appearing in public in lingerie on any four or
more separate days within any thirty day period; or
3. At least fifty (50) percent of the gross receipts of the business are
derived from the sale, trade, display or presentation of services, products, or
entertainment which are characterized by an emphasis on matter depicting, describing,
or relating to Specified Sexual Activity or Specified Anatomical Parts.
F. "Sexuallv Oriented/Adult Cabaret": A nightclub, bar, restaurant or similar
establishment or concern which regularly features any type of live entertainment
characterized by its emphasis on matter depicting, describing, or relating to Specified
Sexual Activities or Specified Anatomical Parts.
G. "Sexuallv Oriented/Adult Hotel/Motel": A hotel or motel, which (i) as a
regular and substantial course of conduct provides to its patrons, through the provision
of rooms equipped with closed-circuit television, video recorders or players or
other medium, material which is distinguished or characterized by an emphasis on
matter depicting, describing, or relating to Specified Sexual Activities or Specified
Anatomical Parts; (ii) rents, leases, or lets any room for less than a ten hour period, or rents,
leases or lets any single room more than twice in a 24-
hour period.H. "Sexually Oriented/Adult Merchandise": Sexually oriented
implements or paraphernalia, such as, but not limited to: dildos, auto sucks,
sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical
balloons with orifices, simulated and/or battery operated vaginas, and similar
sexually oriented devices which are designed or marketed primarily for the stimulation of
hnman genital organs or
sadomasochistic activity.I. "Sexuallv Oriented Adult Motion Picture Arcade":
Any business establishment or concern containing any manually operated, coin or slug
operated, or electrically or electronically operated or controlled, still or motion picture or
video tape machines, projectors, players or other image producing devices that are
maintained to display images to five or fewer persons per machine or per viewing room
at anyone time when those images are distinguished or characterized by an emphasis
on matter depicting, describing, or relating to Specified Sexual Activities or
Specified Anatomical Parts on a
regular basis.J. "Sexuallv Oriented Adult Motion Picture Theater":
A business establishment or concern which projects and presents on a regular basis
motion pictures,video tape recordings, slide photographs, or other motion or still pictures
which are distinguished or characterized by an emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified
Anatomical Parts.Ord.No.] ]-96 8
K. "Sexuallv Oriented Adult Theater": A theater, concert or hall auditoriwn
or similar establishment which regularly features live performances which are
distin~,'uished or characterized by an emphasis on matter depicting, describing, or
relating to Specified Sexual Activities or Specified Anatomical Parts.
L. "Nude or Semi-Nude Model Studio": Any place where a person,
who appears Nude or Semi-Nude or displays Specified Anatomical Areas is
provided for money or any form of consideration to be observed, sketched,
drawn, painted,sculptured, photographed, or similarly depicted others on a regular basis.
Exempt from this definition are classes taught by instructors licensed by the state
educational system.M. "Sexual Encounter Establishment": Any business
or commercial establishment, that as one of its primary business purposes, offers for any
form of consideration, a place where two or more persons may congregate, associate,
or consort for the purpose of Specified Sexual Activities or the exposure of
Specified Anatomical Areas or activities when one or more of the persons is Nude or
Semi-Nude. The definition of Sexually Oriented/Adult Businesses shall not
include an establishment where a medical practitioner, psychologist, psychiatrist, or
similar professional person license:d by the state engages in medically approved and
recognized sexual therapy.N. "Emolovee": A person who works or performs in and/or
for a sexually oriented business, regardless of whether or not said person is paid a
salary, wage or other compensation by the operator of said business. For purposes
of this Chapter,employee"
includes independent contractors.5.86.030 Statements and Records. Person(s) who may be required
to obtain a business license pursuant to the provisions of Title 5 of this Code
for any business establishment which provides products, 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 Parts, as
defined in this Chapter, shall maintain complete records which can be segregated with
regard to all transactions involving such products, merchandise, 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. Such records need not be kept if the licensee agrees that
the business is subject to the Sexually Oriented/Adult
Businesses Permit provisions.No person required to keep records under this section shall
refuse to allow authorized representatives of the Police Department or the Code
Enforcement Officer to examine said records at reasonable
times and places.5.86.040 Permit Reauired. It shall be unlawful for any person
or entity to operate:, engage in, conduct or carry onany Sexually Oriented/
Adult Business within the City of Orange unless the owner of said business first obtains,
and continues to SSH:ajj 9 Ord.
maintain in full force and effect, both a Sexually Oriented/Adult Businesses Permit and
a business license from the City of Orange for such business.
The fact that an applicant possesses other types of state or City permits or
licenses does not exempt the applicant from the requirement of obtaining an Adult
Entertainment Business Regulatory Permit.
5.86.050 Persons Eligible. The owner of the proposed Sexually Oriented/Adult
Business, shall be the only person eligible to obtain a Sexually Oriented/Adult Business
Permit.
5.86.060 Aoolication ReQuirements. The following information and items shall
be submitted to the Business Services Coordinator by the owner at the time of applying
for a Sexually Oriented/Adult Business Permit:
A completed Sexually Oriented/Adult Business Permit application form signed
by (i) the owner of the proposed Sexually Oriented/Adult Business, and (ii) either the
record owner of the property (or the authorized agent of the record owner) or, if the
business premises are subleased to the applicant business, the sub lessor of the
premises, certifying under penalty of petjury that all of the information upon or
submitted with the application is true and correct to the best of his or her information
and belief.
A non refundable deposit or processing fee and a permit administration fee in the
amount set by resolution of the City Council.
A site plan designating the building and/or unit proposed for the Sexually
Oriented/Adult Business and a dimensional interior floor plan depicting how the
business will comply with all applicable requirements of this Chapter.
All other information required by the Business Services Coordinator pursuant to
the Sexually Oriented/Adult Business Permit Information Sheet.
5.86.070 Aooroval or Denial of Permit. The Business Services Coordinator
shall immediately submit the application to Police, Fire, and Planning for investigation
and shall, within 30 city business days of the filing of a complete permit application,
approvl~ and issue the Sexually Oriented/Adult Business Permit if the requirements of
this Chapter have been met; otherwise the Permit shall be denied. Notice of the
approval or denial of the Permit shall be given to the owner in writing by first class
mail, postage prepaid, deposited in the course of the transmission with the United States
Postal Service within three (3) city business days of the date of such decision. The
times set forth in this subsection shall not be extended except upon the written consent
of the applicant. The decision of the Business Services Coordinator shall be final
unless appealed to the City Manager. An appeal of the decision of the Business
Ord.No.II-96 10 SSH:
Services Coordinator may be made by delivering a written request to the City Manager.
Upon receipt of such written request, the City Manager (or designee of the City
Manager) shall hear the appeal within fifteen (15) days of receipt of such request. A
decision regarding said appeal shall then be issued no later than five (5) days following
said hearing. This decision of the City Manager (or designee of the City Manager) shall
be final.
5.86.080 Standards for Aooroval of Permit. The Business Services Coordinator
shall approve and issue a Sexually Oriented/Adult Business Permit if the application
and evidence submitted shows that:
A. The Sexually Oriented/Adult Business is proposed to be located in a zone
permitting the proposed use and complies with other distancing restrictions as follows:
1. The Sexually Oriented/Adult Business is not proposed to be
located within one thousand (1,000) feet of any residential zone or residential use,
whether such residential zone or use is within or outside the corporate boundaries of the
City of Orange.
2. The Sexually Oriented/Adult Business is not proposed to be
located within one thousand (1,000) feet of any lot upon which there is located any
religious institution, public park, any public or private preschool, elementary,
secondary, middle, junior high, or high school, whether such use is within or outside the
corporate boundaries of the City of Orange.
3 The Sexually Oriented/Adult Business is not proposed to be
located within one thousand (1,000) feet of any lot upon which there is located any
other Sexually Oriented/Adult Business.
B. The Sexually Oriented/Adult Business will not be located, in whole or in
part, within any portable structure.
C. The Sexually Oriented/Adult Business will 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.
D. The Sexually Oriented/Adult Business will not conduct any massage,
acupuncture, tattooing, acupressure or escort services and will not allow such activities
on the premises.
E. Any Sexually Oriented/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 services supplied on the premises, shall conform to
the following requirements:
SSH:ajj 11 Ord.No.l1-
1. At least one 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 oflaw and enforcing compliance by patrons with the requirements
of this Chapter, and notifying the Orange Police Department and Code Enforcement
Officer of any violations of law observed. Any security guard required by this
subparagraph shall be uniformed in such a 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 the state 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.
F. Landscaping shall conform to the standards established for the zone.
G. The entire exterior grounds, including the parking lot, shall be lighted in
accordance with city standards for such uses.
H. The premises within which the Sexually Oriented/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 separate unit within the
same building.t. 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.J. 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.K. Signage shall conform to the standards applicable to the zone and (
i) such signs shall be limited to the business name and the street address and (ii)
the notice required by this Chapter shall be posted on the entrance door to
the premises.L. All indoor areas of the Sexually Oriented/Adult Business
within which patrons are permitted, except restrooms, shall be open to view at
all times.M. Except as specifically provided in this Chapter,
the Sexually Oriented/Adult Business shall comply with the zoning, parking,
development and design standards applicable to the zone in which the business
is located.N. No Sexually Oriented/Adult Material orSexually
Oriented/Adult Merchandise will be displayed in such manner as to be visible from any
location other than within the premises occupied by the Sexually Oriented/
Adult Business.Ord.No.II-%12
O. No person under the age of 18 years shall be permitted within the
premises at any time.
P. The Sexually Oriented/Adult Business shall not operate or be open
between the hours of 2:00 A.M. and 10:00 A.M. The foregoing shall not apply to
Sexually Oriented/Adult Hotels.
Q. The Sexually Oriented/Adult Business shall provide and maintain separate
restroom facilities for male patrons and employees and female patrons and employees.
Male patrons and employees shall be prohibited from using the restroom(s) for females,
and female patrons and employees shall be prohibited from using the restroom(s) for
males, except to cany out duties of repair, maintenance and cleaning of the restroom
facilities.
1. The restrooms shall be free from all Sexually Oriented/Adult
Materials and Sexually Oriented/Adult Merchandise. Restroom(s) 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 Sexually Oriented/Adult Business which deals exclusively with sale or
rental of merchandise which is not used or consumed on the premises, such as a
Sexually Oriented/Adult Bookstore, and which does not provide restroom facilities to
its patrons or the general public.
R. Except as otherwise required by law for Sexually Oriented/Adult Motion
Picture Theaters, and except as provided with regard to Sexually Oriented/Adult Motion
Picture Arcades, and with regard to Sexually Oriented/Adult Businesses providing live
entertainment, all areas of the Sexually Oriented/Adult Business accessible to patrons
shall be illuminated at least to the extent of 20 foot-candle, minimally maintained
and evenly distributed at ground
level.S. The following additional regulations shall pertain to
Sexually Oriented/Adult Motion Picture Arcades which provide more than one viewing
area:1. Upon application for a Sexually Oriented/Adult Business
Pennit,the application shall be accompanied by a diagram of the premises showing a
plan thereof specifying the location of one 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 pennitted. The diagram shall also designate the place at which the
SexuallyOriented/Adult Business Pennit and City business license will be conspicuously
posted.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 dimension of all areas of the interior of the premises to an accuracy
of plus or minus six (6) inches. The Business Services Coordinator shall waive
the SSH:ajj 13 Ord.No.
foregoing diagram for renewal applications if the owner adopts a diagram that was
previously submitted and certifies that the configuration of the premises has not been
altered since it was prepared.
2. No alteration in the physical layout depicted in the diagram may be
made without the prior approval of the Business Services Coordinator. It is the duty of
the owner(s) to insure that at least one (1) employee is on duty and situated at each
manager's stations at all times that any patron is present inside the premises.
3. The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every area of the premises
to which any patron is permitted access for any purpose excluding restrooms. If the
premises has two or more manager's stations designated, then the interior of the
premises shall be configured in such a manner that there is an unobstructed view of
each area of the premises to which any patron is permitted access for any purpose,
excluding restrooms, from at least one of the manager's stations. The view required in
this subsection must be direct line of sight from the manager's station. It shall be the
duty of the owner(s) and it shall also be the duty of all employees present on the
premises to ensure that the view area specified 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 in which patrons will not be permitted in
the application.
4. No individual viewing area may be occupied by more than one
person at anyone time.
5. "Individual Viewing Area" shall mean a viewing area designed for
occupancy by one person. Individual Viewing Areas of the Sexually Oriented! Adult
Business 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
or more individual viewing areas or between an individual viewing area and any
restroom.
6. The premises 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 ten (10) foot candle as measured at the floor level.
7. It shall be the duty of the owner(s) and it shall also be the duty of
all employees present on the premises to insure that the illumination described above is
maintained at all times that any patron is present on the premises.
T. The following additional regulations shall pertain to Sexually
Oriented! Adult Businesses providing live entertainment depicting Specified Anatomical
Parts or involving Specified Sexual Activities:
Ord.No.ll-%14 SSH:ajj
1. No person shall perform live entertainment for patrons of a
Sexually Oriented/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.
2. The Sexually Oriented/Adult Business shall provide separate
dressing room facilities for entertainers which are exclusively dedicated to the
entertainer's use.
3. The Sexually Oriented/Adult Business shall provide an
entrance/exit to the premises for entertainers which is separate from the entrance/exit
used by patrons.
4. The Sexually Oriented/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 Sexually
Orientl:d/Adult Business shall provide minimwn three-foot wide walk aisle
for entertainers between the dressing room area and the stage, with 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 shall have physical contact with any patron and
no patron shall have physical contact with any entertainer while on the
premises.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 premises 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) foot candle as measured at the floor
level.U. Licensee shall agree by signing the License that he/she/it will
indemnify,defend and hold the City harmless from any and all claims or liability that may arise
out of City's granting of such license or arising out of the operation of the
Sexually Oriented/Adult
Business.V. The application shall be sworn to be true and correct by the Owner
under penalty of
perjury.W. 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 SexuallyOriented/Adult
Business Permit issued pursuant to this
Chapter.SSH:ajj 15 Ord.No.
ll-%
X. Submitting false or misleading information on the application shall
constitute grounds for denial or revocation of the Sexually Oriented/Adult Business
Permit.
5.86.090 Minors and Intoxicated Persons Excluded. A. It shall be a
misdemeanor for any person under the age of eighteen (18) or any obviously intoxicated
person to enter or remain on the premises of a Sexually Oriented/Adult Business at any
time. A sign giving notice of this provision shall be prominently posted at each
entrance to the premises of the Sexually Oriented/Adult Business.
B. It shall be a misdemeanor for any person having responsibility for the
operation of a Sexually Oriented/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 Sexually Oriented/Adult
Business has knowledge that the person is under the age of eighteen (18) years; or to
allow any obviously intoxicated person to enter or remain on the premises of the
business.
For the purposes of this section, the holder of a Sexually Oriented/Adult
Business Permit, when present on the premises, and the manager or other person(s) in
charge of the premises, are persons having responsibility for the operation of the
business.
5.86.100 Permit Duration. A Sexually Oriented/Adult Business Permit shall be
valid for a period of one year from the date of permit approval.
86.110 Permit Renewal. A Sexually Oriented/Adult Business Permit shall be
renewed on a year-to-year basis, provided that the permittee continues to
meet the requirement that the Sexually Oriented/Adult Business is operated in
compliance with all applicable provisions of the Chapter. A request for Permit renewal
must be accompanied by a Sexually Oriented/Adult Business Permit application,
completed in full detail with current information, and payment of the renewal processing fee
in the amount set by ordinance or resolution of the City Council. If the
application conforms to the previously approved application and the Sexually Oriented/Adult
Business has not changed, the permit shall be renewed by the Business Services
Coordinator for another year. Notice of such renewal, or denial, shall be given, in writing,
to the permittee within thirty (30) city business days following the date of receipt
of the completed renewal application. Any change or alteration in the location,
nature, or operation of the Sexually Oriented/Adult Business will require a new application
to be processed in the same manner as the
original application.5.86.120 Permits Non-Transferable. No Sexually
Oriented/Adult Business Permit shall be sold, transferred, or assigned by any Permit holder, or
by operation of law, to any other person, group, partnership, corporation or any other
entity, and any Ord.No.Il-
such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be
deemed to constitute a voluntary surrender of such Permit, and such Permit shall be
thereafter null and void. A Sexually Oriented/Adult Business Permit 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 Sexually
Oriented/Adult Business from one type of Sexually Oriented/Adult Business use to
another type of Sexually Oriented/Adult Business use shall also render the Permit null
and void. A Sexually Oriented/Adult Business Permit shall be valid only for the exact
location specified in the Permit.
5.86.130 Enforcement Modification. and Revocation. The Permit holder shall
allow officers of the City of Orange and their authorized representatives to conduct
unscheduled inspections of the premises of the Sexually Oriented/Adult Business for
the purpose of ensuring compliance with the law at any time the Sexually
Oriented/Adult Business is open for business or is occupied. The Business Services
Coordinator shall revoke a Sexually Oriented/Adult Business Permit when:
A. Any of the applicable requirements contained in Section 5.86.080 ceases
to be satisfied.
B. The application is discovered to contain incorrect, false or misleading
information.
C. The permit holder is convicted of a felony or misdemeanor occurring
upon, or relating to the premises or lot on which the Sexually Oriented/Adult Business
is located which offense is classified by the State as an offense involving a sexual crime
against children, sexual abuse, rape, distribution of obscene material or material
hannful to minors, prostitution or pandering, including, but not necessarily limited to
the violation of Penal Code Sections 243.4,261,261.5,264.1,266, 266a through 266K,
inclusive, 267, 286, 286.5, 288, 28880 311 through 311.10 inclusive, 314, 315, 316, or
647.
D. If, on two 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 above as a result of such person's activity on the premises or property on which
the Sexually Oriented/Adult Business is located, and the person(s) were employees,
contractors, or agents of the Sexually Oriented/Adult Business at the time the offense(s)
was/were committed.
E. If the permit holder or an employee has permitted or allowed prostitution
or any criminal conduct on the premises.
F. The Sexually Oriented/Adult Business has been operated in significant
violation of any of the requirements of this Chapter or the permit issued.
SSH:ajj 17 Ord.No.1l-
96
As an alternative to revocation, the Permit holder may be required to install
video cameras if it is determined by the Chief of Police that such requirement would
eliminate the violations.
5.86.140 Sexuallv Oriented/Adult Business Employee License. A. Each
individual to be employed in a Sexually Oriented/Adult Business, who engages in the
services rendered by a nude model studio, sexual encounter establishment, or a live
performer or entertainer shall be required to obtain a Sexually Oriented/Adult Business
Employee License. Each applicant shall pay a permit fee set by separate resolution.
Said fee is to cover reasonable administrative costs of the licensing application process.
Masseuses are not required to have such a permit, but are required to comply with
Chapter 5.86 as well as Title 17 of the Orange Municipal Code.
B. Before any applicant may be issued a Sexually Oriented/Adult Business
Employee License, the applicant shall submit on a form to be provided by the Business
Services Coordinator or his or her designee, the following information:
1. The applicant's name or any other names (including "stage" names)
or aliases used by the individual;
2.Age, date and place of birth;
3.Height, weight, hair and eye color;
4.Present residence address and telephone number;
5.Present business address and telephone number;
6.State driver's license or identification number;
7.Social Security number;
8.
years of age;
Acceptable written proof that the individual is at least eighteen (18)
9. Attached to the application form as provided above, a color
photograph of the applicant clearly showing the applicant's face, and the applicant's
fingerprints on a form provided by the Police Department. Any fees for the
photographs and fingerprints shall be paid by the applicant;
10. A statement detailing the license or permit history of the applicant
for the five (5) years immediately preceding the date of the filing of the application,
including whether such applicant previously operating or seeking to operate, in this or
any other county, city, state, or country has ever had a license, permit, or authorization
Ord.No.ll-96 18 SSH:
to do business denied, revoked, or suspended, or had any professional or vocational
license or permit denied, revoked or suspended. In the event of any such denial
revocation or suspension, the date, the name of the issuing or denying jurisdiction, and
the full reasons for the denial, revocation, or suspension shall be stated. A copy of any
order of denial, revocation, or suspension shall be attached to the application;
11. Whether the applicant has been convicted of a specified criminal
act as defined in Section 5.86.130 of this Ordinance. This information shall include the
date, place, nature of each conviction or plea of nolo contendere and identifying the
convicting jurisdiction;
12. The Business Services Coordinator or his or her designee shall
refer the Sexually Oriented/Adult Business Employee License Application to the Police
Department for an investigation to be made of such information as is contained on the
application. The application process shall be completed within thirty (30) days from the
date of the completed application is filed. After the investigation the Business Services
Coordinator or his or her designee shall issue a license WIiess the report from the Police
Department finds that one or more of the following fmdings is true:
a. That the applicant has knowingly made any false,
misleading, or fraudulent statement of a material fact in the application for a license, or
any report or record required to be filed with the Police Department or other
department of the City;
b. That the applicant is under eighteen (18) years of age;
c. That the applicant has been convicted of a "specified
criminal act" as defined in Section 5.86.130 of this Ordinance;
d. That the Sexually Oriented/Adult Business Employee
License is to be used for employment in a business prohibited by local or state law,
statute, rule or regulation, or prohibited by particular provisions of this Ordinance;
e. That the applicant has had a Sexually Oriented/Adult
Business Employee License revoked by the City within five (5) years of the date of the
current application;
f. That the applicant has had a similar permit or license
revoked by another jurisdiction within five (5) years of the date of the application.
C. Renewal of License.
1. A license granted pursuant to this Section shall be subject to annual
renewal by the Business Services Coordinator or his or her designee upon the written
SSH:ajj 19 Ord.No.1l-
application of the applicant and a finding by the Police Department that the applicant
has not been convicted of any "specified criminal act" as defmed in Section 5.86.130 of
this Ordinance or committed any act during the existence of the previous license period
which would be grounds to deny the initial permit application.
2. The renewal of the license shall be subject to payment of a fee as
set by a resolution of the City Council.
D. For purposes of this Section, each person meeting the definition of
employee" in Section 5.86.020 shall comply with the requirements of this Section.
E. A Sexually Oriented/Adult Business Employee License may be revoked if
the licensee significantly violates any provision of this Chapter for the terms of the
Sexually Oriented/Adult Business Permit. The license may also be revoked for any
conduct that would have caused a denial in the first instance.
5.86.150 Hearings and Aooeals. Any person aggrieved by a decision rendered
pursuant to this Chapter may have a hearing and an appeal of said decision. An appeal
of the decision of the Business Services Coordinator may be made by delivering a
written request to the City Manager. Upon receipt of such written request, the City
Manager (or designee of the City Manager) shall hear the appeal within fifteen (15)
days of receipt of such request. A decision regarding said appeal shall then be issued
no later than five (5) days following said hearing. This decision of the City Manager
or designee of the City Manager) shall be final.
5.86.160 Violations. No person shall operate a Sexually Oriented/Adult
Business without a permit, operate such business in violation of the terms of the permit
including any diagram or attachment made a part thereof, or operate such a business
other than in a proper and approved location for such business. No person shall
perfoml any service or entertainment for which a Sexually Oriented/Adult Business
Employee License is required without such a permit. No person shall violate any
provision of this Chapter. Violations shall be punished as provided in Chapter 1.08 of
the Orange Municipal Code.
5.86.170 Nuisance. The City Council does hereby determine that businesses
and persons that operate in violation of this Chapter or any permit or license issued
hereunder are a public nuisance and authorize the filing of an injunctive action to abate
the same.
5.86.180 Remedies Cumulative. The remedies set forth herein are cumulative
and not mutually exclusive and all legal and equitable remedies, civil and criminal, shall
be available to enforce the provisions of this Chapter.
Ord.No.ll-96 20 SSH:a.
SECTlONn:
This Ordinance is intended to supersede existing provisions of the Orange
Municipal Code to the extent those existing provisions are inconsistent.
SECTION Ill:
Severability. If any section, subdivision, paragraph, sentence, clause or phrase
of this Chapter is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter. The City Council
hereby declares that it would have passed this chapter, and each section, subdivision,
paragraph, sentence, clause and phrase thereof, irrespective of the fact that anyone (or
more) section, subdivision, paragraph, sentence, clause or phrase had been declared
invalid or unconstitutional.
SECTION IV:
A swnmary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5)
days prior to the City Council meeting at which this Ordinance is to be adopted. A
swnmary of this Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in a newspaper of general circulation, published, and
circulated in the City of Orange. The City Clerk shall post in the Office of the City
Clerk aL certified copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect thirty (30) days
from and after the date of its fmal passage.
ADOPTED this 26th day of March 1996
I -T'1,., 1 ,;, ' ,
II/"{/I/J"/~ 6,,-c7?,.
yor of the City of Orange~)
ATTEST:
l~{
City of Orange
SSH:ajj 21 Ord.No.1l-
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 12th day of ~larch , 1996, and thereafter at the regular meeting of
said City Council duly held on the 26th day of 11arch , 1996, was duly passed and
adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS: MURPHY BARHERA I1AYOR COONTZ SPURGEON
SLA'rER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
kV7A~~Jl;d;h4A~
City Clerk of e City of Orange
Ord.No.ll-%22 SSH:ajj