HomeMy WebLinkAbout0925ORDINANCE NO. 925~ (1982 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ADDING CHAPTER 8 TO ARTICLE IV OF
THE SAN LUIS OBISPO MUNICIPAL CODE AND AMENDING
CERTAIN SECTIONS OF CHAPTER 2 OF ARTICLE IX OF
THE SAN LUIS OBISPO MUNICIPAL CODE, ALL RELATING
TO REGULATION OF ADULT ENTERTAINMENT ENTERPRISES.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 8 hereby is added to Article IV of the San Luis Obispo
Municipal Code, to read as follows:
CHAPTER 8
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
4800- Purpose and Intent
4801 Definitions
4802 Adult entertainment establishment license required
4803 Adult entertainment establishment license application fee
4804 Application for adult entertainment establishment license
4805 No appeal;.conditions
4806 Adult entertainment facilities and operations requirements
4807 Inspection by officials
4808 Establishment name
4809 Establishment 'location change
4810 Transfer of interest
4811 Display of licenses
4812 Revocation; suspension
4813 Application to existing establishments
4814 Application of o.ther.code::provisions
4815 Interpretation
SECTION 4800. Purpose and Intent. It is the purpose and intent of this Chapter
to provide for the orderly regulation of adult entertainment establishments, as
defined in this Chapter, in the interests of the public health, safety and welfare
by providing certain minimum building, sanitation, health and related standards and
regulations for adult entertainment establishments, and by providing standards for
operators of adult entertainment establishments.
SECTION 4801. Definitions. For the purpose of this Chapter, unless the
context clearly requires 2- different meaning, the words, terms and phrases set forth
in this section have the meanings given them in this section.
Ordinance No. 925 (1982 Series)
(a) "Adult entertainment enterprise" means:
(1) Any activity wherein is furnished for a fee or charge or any con-
sideration the opportunity to paint, feel, handle, touch, to be in the presence
of or be entertained by, the unclothed body or the unclothed portion of the body
of another person, or be so painted, felt, handled, touched, or observed by another
person or to observe, view or photograph any such activity, and shall include, but
not be limited to the following business activities and activities similar thereto:...
nude encounter studios, adult or nude dance studios, adult or nude exhibitions, peep
shows, nude wrestling centers, adult or nude art or photograph studios, and adult
physical culture centers. "Unclothed portion of the body" means a state of dress so
as to expose the female breast below a point immediately above the top of the
areola, male or female genitals, pubic areas, buttocks., or female breast with only
the nipple and areola covered.
(2) Any activity wherein a substantial part of the operation consists of the
sale or dissemination of paraphernalia and apparatus which aid or assist in the
stimulation and /or performance of sexual activity.
(3) Adult theaters are included within the terms "adult entertainment enter-
prise" and "adult entertainment establishment." An adult theater is an operation
in which on thirty percent or more of the days the operation is open for business
any motion pictures shown carry an "X" rating as determined by the Academy of
Motion Picture Arts and Sciences, or to which minors are not admitted, or with
respect to which advertising for said pictures is contained in the adult theater's
section of local newspapers, or in which sexual intercourse, oral copulation, mastur-
bation, or homosexual acts are actually shown or simulated.
(4) Adult book stores are within the terms "adult entertainment enterprise"
and "adult entertainment establishment." "Adult book store" means any premises in
which twenty percent or more of the titles offered or to which twenty percent or more
of the actual display area of the store is devoted, whichever is less, depict or
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Ordinance No. 925 (1982 Series)
describe any of the :acts set forth in subsection (3), or to which any of the adver-
tising mentioned in subsection (3) is made. This section does not apply to displays
of up to ten periodicals in the premises in which sales of the same are incidental
to other business.
(5) The following are specifically excluded from the meaning of the term
"adult entertainment enterprise ":
(A) Physicians, surgeons, chiropractors, osteopaths, or physical therapists
who are duly licensed to practice their respective professions•in the State of
California;
(B) Nurses registered under the laws of the State of California;
(C) Trainers of any amateur, semiprofessional or professional athlete, or
athletic team;
(D) Barbers and beauticians who are duly licensed under the laws of the State
of California;
(E) Any activity conducted or sponsored by any school district or other public
agency; and
(F) Any activity conducted by a person pursuant to any license issued by the
State of California or any agency thereof charged with the responsibility of licensing,
prescribing standards for and supervising such activity or profession.
(b) "Adult entertainment establishment" means any establishment or place of
operation where any individual, firm, association, partnership, corporation, joint
venture or combination of individuals engages in, conducts, operates, carries on
or permits to be engaged -in, conducted, operated or carried on any adult entertainment
enterprise regardless of whether any other use is also conducted on the premises.
(c) "Employee" means every owner, partner, manager, supervisor, and worker,
whether paid or not, who renders personal services of any nature in the conduct of
the adult entertainment enterprise.
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Ordinance No. 925 (1982 Series)
(d) "License" means the-license to operate an adult entertainment
establishment as required by this Chapter.
(e) "Person" means any individual, firm, association, partnership, corporation,
joint venture, or combination of individuals.
SECTION 4802. Adult Entertainment Establishment License Required. It is
unlawful for any person to engage in, conduct, or carry on, in or upon any premises
within the City the operation of an adult entertainment establishment without the
license obtained from the City Council as required by this Chapter. An adult enter-
tainment license shall be issued to any person who has complied with the requirements
of Sections 4$04 and 4806 and all other applicable provisions of this Code, including
application for and granting of a use permit, unless grounds for denial of such license
are found to exist. Grounds for denial include:
license;
(a) The applicant made a material misstatement in the application for a
(b) The applicant has, within five years immediately preceding the date of
the filing of the application, been convicted in a court of competent jurisdiction
of an offense involving conduct which requires registration under California Penal
Code Section 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315,
316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense
involving theft of property or violence. The mandatory provisions of this subsection
shall not apply to adult theaters or adult bookstores. Prior to denying a license
under this Chapter for either of said activities by reason of such conviction, the
City Council shall make a finding that by reason of the nature of the conviction
or underlying facts, or by reason of the anticipated nature of the activities to
be carried out under the license applied for, or by reason of any other relevant
factors, the issuance of such license would be inconsistent with the general health,
safety and welfare;
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Ordinance No. 925 (1982 Series)
(c) That the operation of an adult entertainment establishment, as proposed by
the applicant, if permitted, would not comply with all applicable laws including, but
not limited to, all city ordinances and regulations;
(d) That the operation of the proposed adult entertainment establishment is likely
to be injurious to the health, safety, welfare, and interest of the people of the City;
(e) That the applicant is lacking in the background and qualifications to conduct
a bona fide adult entertainment establishment; or
(f) That the applicant has violated any provision of this Chapter; or of any simi-
lar ordinance, law, rule, or regulation of another public agency which regulates the
operation of adult entertainment establishments.
SECTION 4803. Adult Entertainment Establishment License and Inspection Fees.
Any application for a license to operate an adult entertainment establishment shall
be accompanied by a nonrefundable fee as established by the City Council. The application
fee and any inspection fees charged hereunder, shall be in sufficient amounts to fully
defray administrative costs incurred in the processing of an:-application or inspection;- and
are not made in lieu of any_other fees or taxes requuired under this Code. A license fo
operate an adult entertainment establishment shall,be.renewed annually. The nonrefundable
renewal fee shall -:be established by the. City Council.
SECTION 4804. Application for Adult Entertainment Establishment License.
Any application for a license to operate an adult entertainment establishment shall
be made with the Community Development Director and shall be accompanied by an appli-
cation for use permit as required by Chapter 2 of Article IX of this Code. Notice
and hearing requirements shall be as provided for notice and hearing of the use permit
concurrently applied for. The application shall set forth the exact nature of the
activities proposed to be conducted, the proposed place of business and facilities there-
for; and the name and address of each applicant. The Director of Community
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Ordinance No. 925 (1982 Series)
Development shall requireothe. applicant to:allow ,fingerprints to be'
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taken by the Police Department for the purpose of establishing identification.
Any applicant shall furnish the following information:
(a) The previous address of each applicant, if any, for a period of three
years immediately prior to the date of the application and the dates of residence
of each;
(b) Written proof that the applicant is at least eighteen years of age;
(c) The applicant shall allow a police department official to take photo-
graphs of the applicant;
(d) Applicant's height, weight, color of eyes and hair.
(e) Business, occupation, or employment history of the applicant for the
three years immediately preceding the date of the application;
(f) If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation, together with the
names and residence addresses of each of its officers, directors, and each stock-
holder holding more than five percent of the stock of the corporation along
with the amount of stock held. If the applicant is a partnership, the application
shall set forth the name and residence address of each of the partners, including
limited partners. If one or more of the partners is a corporation, the provisions
of this section pertaining to a corporate applicant shall apply;
(g) The names and residence address of all persons currently employed or
intended to be employed in the adult entertainment establishment, regardless of
the nature of employment, along with the proposed or actual nature of the work
performed or to be performed and recent passport -size photographs of each employee,
suitable to the Community Development Director. The Director of Community Development
shall require each such employee to allow fingerprints to be taken by a police
department official for the purpose of identification.. Any applicant or licensee
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Ordinance No. 925 (1982 Series)
shall notify the City in writing of the names and addresses and shall supply such
photographs of any new employees within five days of such employment. Such new
employees shall allow fingerprints to be taken for identification purposes.
(h) Such other information as may be deemed necessary by the Director of
Community Development�taand_the.,Chief of Police.
SECTION 4805. No Appeal; Conditions. The decision of the City Council to
grant or deny a license application is final. Granting of a license shall be
subject to any reasonable conditions attached by the City Council.
SECTION 4806. Adult Entertainment Facilities and Operation Requirements.
All adult entertainment establishments shall comply with the following facilities
and operations requirements:
(a) Such establishments shall comply with all Code requirements;
(b) A minimum of one tub or shower, and one toilet and washbasin shall be
provided in every such establishment, except that this provision shall not apply
to adult bookstores or adult theaters, unless the establishments offer other adult
entertainment in addition to the sale of literature or showing of movies.
(c) Cabinets or other covered spaces shall be provided for the storage of
clean linen, Approved receptable shall be provided for the storage of all soiled
linen and paper towels.
(d) Minimum ventilation shall be provided in accordance with the building
code of the City. To allow for adequate ventilation in cubicles, rooms and areas
provided for patrons' use, which are not serviced directly by required window or
mechanical systems of ventilation, partitions shall be constructed so that the
height of partitions does not exceed seventy -five percent of the floor -to- ceiling
height of the area in which they are located.
(e) All plumbing and electrical installations shall be installed under permit
and inspection of the building inspection department, and such installations shall
be installed in accordance with the Uniform Building Code and the Uniform Plumbing
Code.
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Ordinance No. 925 (1982 Series)
(f) The walls in all rooms where water or steam baths are given shall have a
washable, mold resistant surface;
(g) All lavatories or washbasins shall be provided with hot and cold running
water, soap and single- service towels in wall- mounted dispensers;
(h) Security deposit facilities capable of being locked by the patron or a
security bag that may be carried by the patron shall be available for the protection
of the valuable of the patron;
(i) Every portion of the establishment, including appliances, apparatus
and personnel, shall be kept clean and operated in a sanitary condition;
(j) All such establishments shall be provided with clean and sanitary towels,
sheets and linens in sufficient quantity. Towels; sheets and linens shall not be--
used by more than one person. Reuse of such linen is prohibited unless the same
has first been laundered.
(k) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and
all other physical facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or
vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall
be thoroughly cleaned and disinfected each day the business is in operation. Bath-
tubs shall be thoroughly cleaned and disinfected after each use.
(1) Disinfecting agents and sterilizing equipment shall be provided for any
instruments used in performing any services involving contact: with any patron, and
said instruments shall be disinfected and sterilized after each use.
(m) Pads used on any tables shall be covered with durable washable plastic
or other acceptable waterproof material.
(n) Each service offered, the price thereof, and the minimum length of time
such service shall be performed shall be posted in a conspicuous public location
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Ordinance No. 925 (1982 Series)
in each establishment; provided.this information shall be posted so as not to be
visible from the outside of the premises. All letters and numbers shall be capitals
and not less than one -half inch in height.
(o) Adult entertainment establishments shall not be open to operation from
ten p.m. to ten a.m., or such more restrictive hours as may be imposed by the Council
as a condition of approval of the license.
(p) No adult entertainment establishment shall be allowed:
(1) Within one thousand feet of the exterior property limits of any public
or private elementary school, junior high school or high school;
(2) Within one thousand feet of the exterior limits of a PF district or any
district where residential use is the principal permitted use.
(3) Within twelve hundred feet of the exterior property limits of any other
premises lawfully occupied by an adult entertainment establishment. For the purpose
of determining compliance with standard (3), as to, between and with respect to
establishments lawfully in operation on the effective date of this section, priority
between such existing establishments shall be assigned in accordance with.the date
upon which said establishments commenced such lawful operation, priority being
given to the establishment having the earliest of such dates. In the event any
dispute arises regarding such date, the applicant shall have the obligation to
establish the date on which he commenced lawful operation. All distances referred
to in this section shall be measured between the closest points on the exterior
property lines or area boundaries of the parcels or areas involved, except that
when an enterprise subject to the provisions of this section occupies one unit of
a multiunit structure located on a single parcel, distances shall be measured
from the exterior boundaries of the unit so occupied.
(q) Adult entertainment establishments shall be made available for inspections
as provided by Section 4807.
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Ordinance No. 925 (1982 Series)
SECTION 4807. Inspection by Officials. Any and all investigating officials
of the City shall have the right to enter adult entertainment establishments from
time to time during regular business hours and on such periodic bases as may be
required by the Council as a condition of approval of the license, to make reasonable
inspections to observe and enforce compliance with building, fire, electrical,
plumbing, health, zoning regulations or provisions of this Chapter. The Council shall
establish fees for these inspections. A warrant shall be obtained whenever re-
quired by law.
SECTION 4808. Establishment Name. No person licensed to operate an adult
entertainment establishment shall operate under any name or conduct business under
any designation not specified in the license.
SECTION 4809. Establishment Location Change. Upon a change of location of an
adult entertainment establishment, an application to the Director of Community
Development shall be made, and such application shall be granted provided all
applicable provisions of this Code are complied with and a change of location
fee as established by the City Council to defray the administrative
costs incurred has been paid.-
SECTION 4810. Transfer of Interest. No license issued pursuant to the
provisions of this Chapter shall be assigned or transferred in any manner, nor
shall any person other than those therein mentioned engage in the enterprise
for which the license is issued. As used in this section, transfer includes,
but is not limited to, any modification of a business entity operating an enter -
pr.ise,..or otherwise required to be disclosed pursuant to Section 4804, including
transfer of more than ten percent of the stock of any corporation.
SECTION 4811. Display of Licenses. The owner or operator of an adult
entertainment establishment shall display the establishment license in an open
and conspicuous place on the premises. Passport -size photographs of the licensee
and all employees shall be affixed . on -the license on' display.pursuant',to this section.
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Ordinance No. 925 (1982 Series)
SECTION 4812. Revocation; Suspension. Any license granted hereunder may
be suspended or revoked for violation or breach of any applicable Code provision
or condition of issuance.
SECTION 4813. Application of Existing Establishments.
(a) Any operators of any establishment subject to the provisions of this
Chapter, and legally doing business on the effective date of this Chapter shall
comply with all application and other requirements except the requirements that
a use permit be obtained, within sixty days of the effective date of this Chapter.
Any such establishment which after application is denied a license by the City solely
by reason of its noncompliance with §4806(p) shall comply with all provisions of
this section and obtain such license within three years of the effective date of
this Chapter, provided, however, that any such establishment which intends in any
way to transfer ownership or alter or change the-nature of any such adult entertain-
ment establishment on or after the effective date of this section shall obtain a
license pursuant to this Chapter prior to such transfer, alteration or change. Any
such use which, at the expiration of said period is not in compliance with the pro-
visions of this Chapter and in possession of a validly issued license shall at that
time discontinue and abate the operation of said enterprise.
(b) Any establishment legally existing on the effective date of this Chapter
and which is denied a license solely by reason of its noncompliance with Section 4806(p)
and for which a license would otherwise have been issued, shall be issued a limited
term license. The limited term license shall contain a statement on its face that the
operation is being allowed to continue pursuant to the provisions of this section
and state the expiration date of the period of lawful operation and that said limited
term license shall not be-renewed beyond said-date. Any.establishment operating pursuant
to such limited term license shall be subject to all provisions of this Chapter
except for the provision of Section 4806(p) as provided herein.
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Ordinance No. 925 (1982 Series)
SECTION 4814. Application of Other Code Provisions. As pertinent, other
provisions of this Code and other law, rules and regulations shall apply to the
subject matter of this Chapter.
SECTION 4815. Interpretation. Nothing in this Code authorizes, legalizes,
or permits the establishment, operating or maintenance of any business, building,
or activity which violates any provision of this Code or provision of the California
Penal or Civil Codes regarding nuisances, sexual conduct, lewdness, assignation,
prostitution, or obscene or harmful matter nor shall the use of such language be
interpreted to legalize those types of businesses which from time to time have
been regarded "per se" moral public nuisances.
SECTION 2. Section 9201.12 of the San Luis Obispo Municipal Code hereby is
amended to add "adult entertainment establishment" to the list of definitions
therein, to read:
"Adult entertainment establishment: As defined in Section 4801 of
this Code"
SECTION 3. Section 9203.9 of the San Luis Obispo Municipal Code hereby
is amended to add a new subsection E. thereto and to reletter as F. the present
subsection E. (entitled "PROPERTY DEVELOPMENT STANDARDS ") New subsection E.
shall read:
"E. Conditionally allowed uses - City Council Approval.
Areas within the C -R zone may be used for adult entertainment establish-
ments, provided:
1. That the Council approves an adult entertainment establishment
license under the terms of Chapter 8 of Article IV of the Code, concurrent with
the use permit approval hereunder.
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Ordinance No. 925 (1982 Series)
2. That those provisions of Section 9204.2 regarding applications to the
Planning Commission shall apply as well to use permit applications made
pursuant to this subsection E."
SECTION 4. A summary of this Ordinance, approved by the City Attorney,
together with the ayes and noes, shall be published at least three (3) days
prior to its final passage in the Telegram- Tribune, a newspaper published and
circulated in said City, and the same shall go into effect at the expiration
of thirty (30) days after its said final passage. A copy of the full text of
this ordinance shall be on file in the office of the City Clerk on and after
the date following introduction and passage to print and shall be avialable to
any interested member of the public.
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Ordinance No. 925(1982 Series)
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 6th day of April , 1982, on motion of
Councilman Settle , seconded by Councilman Griffin , and on the
following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin, and Mayor Billig.
NOES: None.
ABSENT: None.
ATTEST:
CII CLERK Pamela oges
Approved:
f'a Q
City Administr tiv Officer
City Attorney
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ORDINANCE NO. 925
(1982 Series)
FINALLY PASSED this 2Qth day of April ,
19 82, on motion of Councilwoman Dovey , seconded by
Councilman Settle , and on the following roll call
vote:
AYES: Councilmembers Dovey, Settle, Griffin and Mayor Bullig
NOES: None
ABSENT: Councilman Dunin
) 41tt
1 I . \ 6 - OL
Mayor Me t C. Billig
ATTEST:
C ty Clerk Pame V Voges