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HomeMy WebLinkAboutCC Ord 1387 1994-08-22 ORDINANCE NO, /.$87 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADDING CHAPTER 11 E AND AMENDING VARIOUS SECTIONS OF THE SEAL BEACH MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESSES I WHEREAS, the City Council of the City of Seal Beach wishes to promote the City's significant interest in protecting and preserving the quality of residential. commercial and industrial areas of the City, and quality of life through effective land use planning; and WHEREAS, the City Council of the City of Seal Beach is aware of, and believes as true the studies prepared by other cities such as Austin, Texas; SI. Paul, Minnesota; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona; as well as by the Attorney General of the State of Minnesota, which show that Adult-Oriented Businesses cause secondary impacts which degrade the areas of the City in which they are located, cause a blighting effect on the City, and increase crime in general, and sex related crimes in particular, in the vicinity of the Adult-Oriented Business; and WHEREAS, the City Council of the City of Seal Beach has reviewed the aforementioned studies and believes the following statements are true, in part based upon its understanding of the experiences of other cities: A. Crime rates are higher in residential areas surrounding Adult-Oriented Businesses than in commercial or industrial are,lS surrounding Adult-Oriented I Businesses; B. Crime rates in areas in which Adult-Oriented Businesses are closely situated to each other are higher than areas in which Adult-Oriented Businesses are separated from each other; C. Adult-Oriented Businesses should not be 10c.1ted in arC<ls of the City which are in the vicinity of residential uses, religious institutions, parks .1nd schools; D. The image of the City of Sell! Beach as a pleasant and attractive place to reside and to conduct business will be adversely affected by the presence of Adult-Oriented Businesses in close proximity to residential uses, religious institutions, parks and schools; E. The existence of Adult-Oriented Businesses in close proximity to residential areas has been shown in some cities to reduce the property values in those residential areas; F, A reasonable regulation of the' location of Adult-Oriented Businesses protects the image of the community and its property values and protects its residents from the adverse secondilry effects of such Adult-Oriented Businesses, I while providing persons who desire to patronize Adull-Oriented Businesses an opportunity to do so in appropriate areils within the City; G. Regulations for Adult-Oriented Businesses should be developed to prevent deterioration and/or degradation of the vitality of the community; I I I Ordinance Number /3B 1 . H. The adverse secondary impacts of Adult-Oriented businesses should be regulated by developing zoning and other regulatory mechanisms which will separate such land uses from incompatible uses; and WHEREAS, the City Council has reviewed and believes as true statistics compiled by the City of Irvine, California Police Department on crime rates and complaints to the Police Department increase after 10:00 p.m. disproportionately in the direct vicinity of Adult-Oriented Businesses; and WHEREAS, the aforementioned studies show that sex-related offenses are included within the category of secondary effects caused by unregulated or underregulated Adult-Oriented Businesses; and WHEREAS, while the City Council of the City of Seal Beach desires to protect the rights conferred by the United States Constitution, it intends to do so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects the aforementioned studies have shown as associated with the development and operation of Adult-Oriented Businesses; and WHEREAS, concern over sexually transmitted diseases, including AIDS, is a legitimate health concern of the City which demands reasonable regulations of Adult-Oriented Businesses in order to protect the health and well being of its citizens; and WHEREAS, it is not the intent of the City in adopting this Ordinance to suppress any activities protected by the First Amendment, but rather to enact a content neutral Ordinance which addresses the secondary effects Adult-Oriented Businesses have on the City; and WHEREAS, the Department of Development Services has prepared an initial study pursuant to the California Environmental Quality Act ("CEQA") and the City of Seal Beach's local CEQA Guidelines, has determined that the proposed ordinance will not have any significant adverse impact on the environment, and accordingly has prepared, circulated, and recommends adoption of a Negative Declaration; and WHEREAS, a duly noticed public hearing was held before the Planning Commission on July 20, 1994 to consider the proposed Adult-Oriented Business Ordinance/Zone Text Amendment 94-1. At the public hearing, the Planning Commission received testimony from staff and the public, and determined to recommend approval of the proposed Adult-Oriented Business Ordinance/Zone Text Amendment 94-1, through the adoption of Resolution 94-33; and and WHEREAS, the City Council held a duly-noticed a public hearing on August 8, 1994; WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Report dated July 20, 1994, Planning Commission Resolution No. 94-33, and the Minutes of the Planning Commission meeting of July 20, 1994. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, the City has adopted Negative Declaration 94-5, through the approval of Resolution No, , which is incorporated herein by reference. Said Negative Declaration represents the independent judgement of the City of Seal Beach. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS AS FOLLOWS: Ordinance Number ~;?~;7 SECTION I, Chapter lIE is hereby added to the Code of the City of Seal Beach to read as follows: "CHAPTER lIE ADULT-ORIENTED BUSINESSES SECTION llE-l 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 Adult-Oriented Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Adult-Oriented Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult-Oriented 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 vit"inity of the Adult-Oriented 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 Adult-Oriented Materials or to deny access by the distributors or exhibitors of Adult-Oriented Businesses to their intended market. I Nothing in this Chapter is intended to authorize, legalize or permit the establishment, I 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. SECTION II E-2 DEFINITIONS. (a) "Adult-Oriented Bookstore": Any establishment, which as a regular and substantial portion of its business, displays and/or distributes Adult-Oriented 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 Specitied Anatomical Parts. See "Adult-Oriented Business" for definition of the term "regular and substantial portion of its business." (b) "Adult-Oriented Business": Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an Adult-Oriented Bookstore, Adult-Oriented Theater, Adult-Oriented Motion Picture Arcade, Adult-Oriented Cabaret, Adult-Oriented Motel/Hotel, or which sells or distributes Adult-Oriented Merchandise or Adult-Oriented Material, 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 mailer 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. "Adult-Oriented 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 in lingerie. A single news rack, as I I Ordinance NUmber ~~~)1 , . defined in Section II B-1 of this Code, shall not be considered an Adult-oriented Business for the purposes of this Chapter. As used in this chapter, the terms "regular and substantial course of conduct" and "regular and substantial portion of its business" shall mean any Adult-Oriented Business where one or more of the folIowing conditions exist: (i) The area(s) devoted to the display of Adult-Oriented Merchandise and/or Adult-Oriented Material exceeds fifteen (15) percent of the total display area of the business; or (ii) 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 (iii) At least fifty percent (50%) 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 mailer depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (c) "Adult-Oriented Cabaret": A nightclub, bar, restaurant or similar establishment or concern which features any type of live entertainment characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (d) I "Adult-Oriented 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 mailer depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts; and/or (ii) rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in any 24-hour period. See "Adult-Oriented Business" for delinition of the term "regular and substantial course of conduct." (e) "Adult-Oriented Material:" Any Adult-Oriented Merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation, characterized by an emphasis on mailer depicting, describing, or relating to Specific Sexual Activities or Specified Anatomical Parts. (t) "Adult-Oriented Merchandise:" Adult-Oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and/or battery operated vaginas, and similar sex-oriented devices wbich are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. I (g) "Adult-Oriented 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 live or fewer persons per machine or per viewing room at anyone time when those images are distinguished or characterized by an emphasis on mailer depicting, Ordinance Number J,j87 . ~ describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (h) "Adult-Oriented Motion Picture Theater:" A business establishment or concern which projects and presenls motion piclure~, video tape recordings, slide photographs, or other motion or still pil"tures which are distinguished or characterized by an emphasis on mailer depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. I (i) "Adult-Oriented Theater:" A theater, concert hall, auditorium, or similar establishment which features live performances which are characterized by an emphasis on maller depicting, describing or relating to Specified Anatomical Parts or by Specified Sexual Activities. (j) "License Collector" shall mean the City Manager of the City of Seal Beach or his or her designee. (k) "Owner" or "Permit holder" or Permittee": For purposes of this Chapter, "Owner," "Permit holder" or "Permittee" shall mean any of the following: (i) the sole proprietor of an Adult-Oriented Business; or (ii) any general partner of a partnership which owns and operates an Adult-Oriented Business; or (iii) the owner of a controlling interest in a corporation which owns and operates an Adult-Oriented Business; or (iv) the person designaled by the ofticers of a corporation to be the Permit holder for an Adult-Oriented Business owned and operated by the corporation. (I) .Specified Anatomical Parts": (i) Less than completely and opaquely covered human genitals; pubic hair; bUllocks; natal cleft; perineum; anal region; pubic hair region; or female breast below a point immediately above the top of the areola; or I (ii) Human male genitals in a discernably turgid state, even if completely and opaquely covered. (m) "Specified Sexual Activities": (i) 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 the 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, pederasty. pedophilia, sapphism, urophilia, zooerastia, zoophilia; or (ii) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (iii) Depiction of simulation of human or animal ejaculation; or I (iv) Fondling or erotic or sexually-oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast; or (v) Masochism; erotic or sexually-oriented torture, beating or the infliction of pain; or Ordinance Number ~.J87 (vi) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a human being; or (vii) Human excretion, urination, menstruation, vaginal or anal irrigation; or (viii) 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. I SECTION l1E-3 STATEMENTS AND RECORDS. (a) Person(s) required to obtain a business license pursuant to the provisions of Chapter II of this Code for any business establishment which provides products, merchandise, services or entertainment which is distinguished or characterized by an emphasis on mailer depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts, as defined in this Code, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, services or entcrtainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. The term "gross receipts" shall have the meaning set forth in section 11-1 of this Code. Such records shall be maintained for a period of at least three (3) years. (b) No person required to keep records under this section shall refuse to allow authorized representatives of the License Collector to examine said records at reasonable times and places. I (c) This section shall not be applicable to a business establishment (i) for which such transactions constitute less than fifteen percent (15 %) of the gross receipts of the business, or (ii) for which the Owner has an application pending for, or has obtained, an Adult-Oriented Business Permit. SECTION l1E-4 ADULT-ORIENTED BUSINESS PERMIT. (a) Permit Required. It shall be unlawful for any person or entity to operate, engage in, conduct or carryon any Adult-oriented Business within the City of Se.1l Beach unless the Owner of said business first obtains, and continues to maintain in full force and effect, both an Adult-Oriented Business Permit and a business license from the City of Seal Beach for such business. (b) Persons Eligible. The Owner of the proposed Adult-Oriented Business, as defined in this Chapter, shall be the only person eligible to obtain an Adult-Oriented Business Permit. (c) Application Requirements. The following information and items shall be submitted 10 the License Collector by the Owner at the time of applying for an Adult-Oriented Business Permit: I (i) A completed Adult-Oriented Business Permit application form signed by (i) the Owner of the proposed Adult-Oriented 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 tu the applicant business, the sublessor of the premises, certifying undcr penally of perjury that all of the information upon or submitted with the applicatiun is true and correct to the best of his or her intllrlnation and belief. Ordinance Number ;I~~j? . (ii) A non-refundable deposit or proccssing fee in the amount set by resolution of the City Council. (iii) A letter of justification, describing the proposed business and explaining how it will satisfy the applicable requirenu:nts set forth in Section IlE-5 of this Chapter. (iv) A site plan designating the building and/or unit proposed for the Adult-Oriented Business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this I Chapter. (v) All other information required by the Liccnse Collector pursuant to the Adult-Oriented Business Permit Information Sheet. (d) Approval or Denial of Permit. The License Collector shall, within seven (7) City business days of the filing of a permit application, examine the application for completeness. If the License Collector deems the application to be incomplete, he or she shall immediately notify the applicant in writing, and provide a list of those items required to be submitted. If the License Collector determines the application to be complete, he or she shall, within twenty (20) City business days of the date the permit application is determined to be complete, approve and issue the Adult-Oriented 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 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 License Collector shall be final. SECTION II E-5 STANDARDS FOR APPROVAL OF PERMIT. I (a) Regulations. The License Collector shall approve and issue an Adult-Oriented Business Permit if the application and evidence submitted show that the: (i) The Adult-Oriented Business is proposed to bc located in a zone permitting the proposed use, provided the premises are located outside the boundaries of any redevelopment area established by ordinance. (ii) The Adult-Oriented Business is not proposed to be located within four hundred (400) 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 Seal Beach. (iii) The Adult-Oriented 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 elementary, secondary, middle, junior high, or high school, whether such use is within or outside the corporate boundaries of the City of Seal Beach. (iv) The Adult-Oriented Business is not proposed to be located within one thousand (1,000) feet of another Adult-Oriented Business not located within the same premises and under the same owncrship and control, whether such other business is within or outside the corporate boundaries of the City of Seal Beach. I Ordinance Number /,;/8 7 , (v) For the purposes of this subsection, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where said Adult-Oriented Business is conducted to the nearest property line of any lot zoned or used for residential uses other than a residential lot under resolution of intent to any non-residential zone, or to the nearest property line of any lot upon which is located a religious institution, public park or school, or to the nearest point of the premises of any other Adult-Oriented Business, The word "premises," for purposes of this Section, shall mean the building (if the Adult-Oriented Business occupies the entire building), or separate portion of any building, used for a Adult-Oriented Business. I (vi) Nothing in this Chapter shall prohibit the location of a Adult-Oriented business within any retail shopping center in a commercial zone, provided that the parcel of property upon which such retail shopping center is located exceeds three (3) acres in total size, and further provided that such businesses will have their only frontage upon enclosed malls or in locations screened from direct view from parks, schools, churches or residentially zoned property. The distance limitations set forth in Sections ll-E5(a)(i), (ii), and (iii) of this Chapter shall not apply to Adult-Oriented Businesses so-located, provided that those businesses comply with the remaining provisions of this Chapter. (vii) The Adult-Oriented Business will not be located, in whole or in part, within any portable structure. I (viii) The Adult-Oriented 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 required number of spaces for the business, (ix) The Adult-Oriented Business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises. (x) Any Adult-Oriented 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: I (aa) 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 of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the Seal Beach Police Department of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. (bb) Landscaping shall conform to the standards established for the zone, except that, if the Adult-Oriented Business is tht' sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six (6) feet above the ground. Ordinance Number /3t9 7 , (cc) The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the Director of Development Services, (dd) The premises within which the Adult-Oriented Business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall nol be audible anywhere on any adjacent 'property or public right-of-way or within any other building or other separate unit within the same building. (ee) 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. I (ff) 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, (gg) Signage shall conform to the standards applicable to the zone except that (i) such signs shall be limited to the business name and the street address and (ii) the nOlice required by Seclion II E-6(a) on the entrance door to the premises, (hh) Except as otherwise provided in this Chapt~r, lhe Adult-Oriented Business shall comply with all City, county, state, and federal building and construction standards for the proposed use. (xi) All indoor areas of the Adult-Oriented Business within which patrons are permitted, except rest rooms, shall be open to view at all times. (xii) Except as specitically provided in this Chapter, the Adult-Oriented I Business shall comply wilh the zoning, parking, signage, and development and design standards applicable to the zone in which the business is located. (xiii) No Adult-Oriented Material or Adult-Oriented Merchandise shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Adult-Oriented Business. (xiv) No person under the age of 18 years shall be permilled within the premises at any time. (xv) The Adult-Oriented Business shall not operate or be open between the hours of 12:01 a.m. and 9:00 a.m. (xvi) The Adult-Oriented 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 resl 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 all Adult-Oriented Materials and Adult-Oriented Merchandise. Rest rooms shall not contain television I monitors or other motion picture or vidl'o projection, recording or reproduction equipment. The ti.lregoing provisions of this paragraph shall not be applicable to an Adult-Oriented Business which deals exclusively with sale or rental of merchandise which is nO! used or consumed on the premises, such as an Adult-Oriented Bookstore, and which does not provide rest room facilities to its patrons lIT the general public. Ordinance Number /391 , (xvii) Except as otherwise required by law for Adult Motion Picture Theaters, and except as provided in (i) subparagraph (hh) of paragraph (xix) with regard to Adult-Oriented Motion Picture Arcades, and (ii) subparagraph (hh) of paragraph (xx) with regard to Adult-Oriented Businesses providing live entertainment, all areas of the Adult-Oriented Business accessible to patrons sball be illuminated at least to the extent of 20 foot-candle, minimally maintained and evenly distributed at ground level. I (xviii) "Individual Viewing Area" shall mean a viewing area designed for occupancy by one person. Individual Viewing Areas of the Adult-Oriented 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. (xix) The following additional regulations shall pertain to Adult-Oriented Motion Picture Arcades which provide more than one Viewing Area: I (aa) Upon application for an Adult-Oriented Business Permit, 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 permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the Adult-Oriented Business Permit and City business license will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, eilch 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 suflicientto 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 License Collector shall waiw the foregoing diagram for renewal applications if the Owner adopts a diagram that was previously submitted and certities that the configuration of the premises has not been altered since it was prepared. (bb) The application shall he sworn to be true and correct by the Owner under penalty of perjury. (cc) No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the License Collector, (dd) It is the duty of the Owner(s) to insure that at least one (I) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises. I (ee) 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 rest rooms. If the premises has two or more manager's stations designated, then the interior of the premises shall he conligured in such a manner that there is an unobstructed view of l'ach area of the premises to which any patron is permitted access for any purpose, excluding rest rooms, from at least one of the manager's stations. The view required in this subsection must he by direct line of sight from the manager's station. Ordinance Number BB '7 r r (ft) 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 view area specified in subsection (ee) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph (aa) of this paragraph. (gg) No Individual Viewing Area may be occupied by more than one I person at anyone time. (hh) The premises shall bc equipped with overhl'ad lighting fixtures of sufficient intensity to illuminate every place lu which patrons are permitted access with an illumination of not less than ten (10.0) foot candle as measured at the floor level. (ii) 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 thai the illumination described above is maintained at all times that any patron is present on the premises. (xx) The following additional regulations shall pertain to Adult-Oriented Businesses providing live entertainment depicting Specified Anatomical Parts or involving Specified Sexual Activilil's: (aa) No person shall perform live enterlllinment for patrons of an Adult-Oriented 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) feel from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet uf the stage while the stage is occupied by an entertainer. I (bb) The Adult-Oriented Business shall pruvid... separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. (cc) The Adult-Oriented Business shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons. (dd) The Adult-Oriented 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-Oriented Business shall provide a minimum three-foot 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, (ee) No entertainer shall have physical contacl with any patron and no patron shall have physical contact with any entertainer while on the premises. I (ft) No waiter, waitress, entertainer or uther person employed on the premises shall violate the provisions of Sections 14-6 or 15-7 of the Code of the City of Se.1.1 Beach while on the premises. (gg) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph, Ordinance Number .~~)1~ (hh) 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 (20.0) foot candle as measured at the Iloor level. (xxi) The foregoing applicable requirements of this subsection 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 Adult-oriented Business Permit issued pursuant to this Chapter. I (xxii) Submiuing false or misleading information on the application shall constitute grounds for denial or revocation of the Adult-Oriented Business Permit. SECTION II E-6 MINORS AND INTOXICATED PERSONS. (a) Minors and Intoxicated Persons Excluded It shall be a misdemeanor for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of an Adult- Oriented Business at any time. A sign giving notice of this provision shall be prominently posted at each enlr.mce 10 the premises of the Adult-Oriented Business. (b) Responsibility for Excluding Minors and Intoxicated Persons, I It shall be a misdemeanor for any person having responsibility for the operation of an Adult-Oriented Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of an Adult-Oriented 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 an Adult-Oriented 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. SECTION IlE-? PERMIT DURATION. An Adult-Oriented Business Permit shall be valid for a period of one year from the date of permit approval. SECTION II E-8 PERMIT RENEWAL I An Adult-Oriented Business Permit shall be renewed on a year-to-year basis, provided that the permittee continues to meet the requirements that the Adult- Oriented Business be operated in compliance with all applicable provisions of this Chapter, subject to the provisions of Section II E-Il. A request for Permit renewal must be submitted to the License Collector not later than 30 days prior to the expiration of the prior permit, and must be accompanied by an Adult-Oriented Business Permit application, completed in full detail with current information, and payment of the renewal pro('essing fee in the amount set by resolution of the City Council. If the application conforms to the previously approved application and the Adult-Oriented Business has not changed, the permit shall be renewed by the License Collector for another year. Notice of such renewal, or denial, shall be given, in writing, to the permillt:e within twenty (20) City business days following the date of receipt of the completed renewal application. Any change or alteration in the location, naturt: or operation of the Adult-Oriented Business will require a new application to be processed in the same manner as the original application. Ordinance Number IJ87 . SECTION l1E-9 PERMITS NON-TRANSFERABLE. No Adult-Oriented 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 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. An Adult-Oriented Business Permit held by an individual in a corporation or partnership is subject to the same rules oftransferahility as contained above. Any I change in the nature or composition of the Adult-Oriented Business from one type of Adult-Oriented Business use to another type of Adult-Oriented Business use shall also render the Permit null and void. An Adult-Oriented Business Permit shall be valid only for the exact location specified in the Permit. SECTION llE-1O ENFORCEMENT AND REVOCATION. (a) The Permit holder shall allow officers of the City of Seal Beach and their authorized representatives to conduct unscheduled inspections of the premises of the Adult-Oriented Business for the purpose of ensuring compliance with the law at any time the Adult-Oriented Business is open for business or is occupied, (b) The License Collector shall revoke an Adult-Oriented Business Permit when: (i) Any of the applicable requirements contained in Section II E-4 ceases to be complied with; (ii) The application is discovered to contain incorrect, false or misleading information; (iii) The permit holder is convicted of a felony or misdemeanor occurring I upon, or relating to the premises or lot upon which the Adult-Oriented Business is located which offense is classilied by the State of California as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, 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, 2600 through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; (iv) 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 in Section II E-IO(b)(iii) above as a result of such person's activity on the premises or property on which the Adult-Oriented Business is located, and the person or persons were employees, contractors or agents of the Adult-Oriented Business at the time the offenses were committed; (v) If the permit holder or an employee has knowingly allowed, engaged-in, or encouraged prostitution, or solicitation t()r prostitution, on the premises; or I (vi) The Adult-Oriented Business has been operated in violation of any of the requirements of this Chapter and, (i) if the violation is of a continuous nature, the Business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Owner, or (ii) if the violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the I I (e) I (f) Ordinan~e Number ~~~ provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Owner) within any twelve (12) month period. (c) Upon determining that grounds for permit revocation exist, the License Collector shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder mllY request a hellring within fifteen (15) calendar days of the postmarked date on the notice; and Shllll be delivered both by posting the notice at the location of the Adult-Oricnted Busincss and by sending the notice by certified mllil, postage prepaid, addressed to the Permit holder as that name and address appear on the Permit. Within fifteen (15) calendar days after the later of the mailing or posting of thc notice, the Permit holder may file a request for hearing with the City Clerk. 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 License Collector shall transmit the request to the City M,mager, and the hearing shall be provided as set forth in Section lIE-IO(d) of this Chllpter. (d) Upon receipt of a written request for a hearing, the City Manager or his or her designee shall appoint an impartial hearing officcr ("Hearing Officer") to conduct a hearing. The Hearing Officer shall conduct II hearing within forty-five (45) calendar days of the filing of such request for a hearing by the permit holder. Notice of time and place of the hearing shall be given to the permit holder by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set fl)r the public hcaring. At the hearing, the permit holder and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole hasis for the determination of the Hearing Oflicer. Within ten (10) calendar days after the hearing, the Hearing Officer shall decide whether the grounds for revocation exist and Shllll submit a written report to the License Collector. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the License Collector regarding whether the Permit is to be revoked, All such reports shall be filed with the City Clerk and shall he puhlic records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the permit holder on the day it is filed with the City Clerk, If the Hearing Officer determines that any grounds for revocation cxi~t, as provided in Section IlE- 1O(b) of this Chapter, the Licen~e Collector, based upon the report of the Hearing Officer or, if no hearing was requested hy the permit holder, based upon the report of the City staff, shall immediately revoke the Adult-Oriented Business Permit. The decision of the Hearing Officer shall he appealahle to the Planning Commission by the filing of a written appeal with the Secretary to the Planning Commission within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Hearing Officer, Any such appeal shall be a de novo public hearing held in the manner and within the time limitations estahlished for ApJX~als in subsections (c) and (d) of this Section. The decision of the Planning Commission upon appeal, or the decision of the License Collector in the ahsence of a timely llppeal, shall be final and conclusive. No application for an Adult-Oriented Business Permit shall be accepted or processed for any person, corporation, pllrtnership or member thereof, or any other entity for which an Adult-Oriented Business Permit has been revoked within the preceding three (3) year period. Ordinance Number /.3B7 . SECTION lIE-II EXISTING NONCONFORMING USES. (a) Any Adult-Oriented Business lawfully existing on the effective date of this Chapter which becomes a nonconforming use by reason of the adoption of this Chapter shall cease operation, or otherwise be brought into full compliance with the provisions of this Chapter, not later than either (i) January I, 1996, or (ii) six months following the date of written notice as provided in subsection (b) below, whichever is later (the "amortization p~riod"), unless sooner terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more, or unless an additional extension of said amortization period is granted upon application therefor liled pursuant to subsection (c) of this Section. No nonconforming use shall be increased, enlarged, extended or altered except that the use, or any portion thereof, may be changed to a conforming use. (b) Any Adult-Oriented Business which becomcs a nonconforming use by reason of the adoption of this Chapter shall be notified in writing of its nonconforming status by the License Collector of the City of Seal Bcadl by certified mail or personal service. Such notice shall be given within six (6) months following the effective date of this Chapter or, upon any later discovery by the City of the existence of a nonconforming Adult-Oriented Business, within a reasonable time thereafter. Such notice shall be given to the property owner of record upon which such business is located, the Owner of the husiness, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible), Such notice shall also identify the applicable amortization period as provided in subsection (a) above, and include a copy of this Section II E-1O describing the process for requesting an extension of such amortization period. Failure of any person to actually receive such notice shall not effect the validity of any proceedings pursuant to this Section. (c) (d) Any application for an extension of the amortization period set forth in subsection (a) above must be liled by either the owner of the prupcrty upon which the business is located, the Owner of the business, or the holder of the business license for the business, not later than sixty calendar days following the date of receipt of the notice from the License Collector specified in subsection (b) above, whichever date is later. Such application shall he madt: in writing to the License Collector, shall include all of the information required .by subsection (d) below, and shall be accompanied by the required application fee as established by ordinance or resolution of the City Council. The amortization period specified in subsection (c) above shall be final and conclusive for all purposes in the absence of a timely filed extension application pursuant to this subsection. Not later than thirty (30) calendar days after submittal of an application to extend the amortization period, the License Collector shall notify the applicant, in writing, if the application is not complete and specify the reasons therefor, A complete application shall include: (i) a written request for an extension of the amortization period which specifies the additional length of time requested for amortization of the existing use and the justification tht:refor, including but not necessarily limited to information relevant to the criteria for such extension as listed in subsection (I) below, (ii) the signature of the applicant certifying under penalty of perjury that all of the information upon or submitted with the application is true and correct to the bt:st of his or her information and belief, and (Hi) the required application fee. If the application is not complett:, the License Collector shall specify in writing those portions whidl art: incomplete and shall identify the manner by which it can he made compktc. I I' a written determination is not provided to the applicant within thirty nO) calendar days after it is submitted, the application shall be deemt:d complt:tc. Upon receipt of notice that the application is incomplete, the applicant shall have thirty (30) calendar days to submit a revised application or the required additional information. If the applicant fails to submit a revised application or the additional information I I I Ordinance Number /:181' ~, . required by the notice of insufficiency prior to the expiration of said thirty (30) day period, the application shall be deemed withdrawn and the amortization period specified in Section II E-II (a) above shall be tinal and conclusive for all purposes. If the applicant submits a revised application or the additional required information to the License Collector within said time period, the License Collector shall again review the sufficiency of said application within the time and manner set forth in this subsection. (e) Within thirty (JO) calendar days fi.lllowing the rl'ccipt of a completed application, the License Collector shall notify the City Manager and transmit the application and file to the City Manager, who shall appoint a hearing officer ("Hearing Officer") within seven (7) calendar days of such notice and transmittal. The Hearing Officer shall within twenty (20) calcndar days thereafter conduct a hearing upon such application. Notice of such hearing shall be given in writing to the owner of the property upon which the business is located, the Owner of the business, the holder of the business license for the business, and the License Collector. Such notice shall be given by first class mail, postage prepaid, and shall be deposited in the course of transmission with the United States Postal Service not less than ten (10) calendar days prior to the date of the hearing. Such notice shall specify the date, time, place and subject matter of the hearing. I (f) At the hearing, the Hearing Officer shall receive the evidence and testimony regarding the criteria set forth in this subsection and shall determine whether the business has been provided a reasonable amortization period commensurate with the investment involved. If the He.aring Officer determines that the amortization period specified in subsection (a) above is not reasonable, the Hearing Officer shall prescribe a reasonable amurtization period commensurate with the investment in the business. The criteria to be uSl'd by the Hearing Officer in making such determination shall b.: as follows: I (i) (ii) (iii) (iv) (v) (vi) The Owner's tinancial investment in thl' business prillr tll the date of notice pursuant to subsection (b) above. The present actual and depreciated value of the business improvements. The applicable Internal Revenue Service depreciation schedules for such improvements. The remaining useful life of the business improvements. The extent to which the business fails to comply with all applicable requirements of this Chapter. The extent, if any, 10 which the business has been brought into compliance with any of the applicable requirements of Chapter l1E-5 since the date of adoption of this Chapter and with which such business previously failed to conform, including the cost incurred for any such improvements. (vii) The remaining term of any lease or rental agreement under which the business is operating. I (viii) The date upon which the Owner tirst received notice of the nonconforming status of the business pursuant to Section IIE-II(b) above. (ix) Whether the business can be brought into conformance with all applicable requirements of this Chapter without requiring to be relocated, and the cost of complying with such requirements. Ordinance Number ~~~j7 (g) (x) Whether the business must be discontinued at the present location in order to comply with the requirements of this Chapter and, if such relocation is required: (i) the availability of relocation sites, and (ii) the cost of such relocation. (xi) The ability of the Owner to change the business to a conforming use. Within fifteen (15) calendar days following the date of the hearing (or any extension of such hearing as approved by the applicant), the Hearing Officer shall mail by first class mail, postage prepaid, a written copy of his or her decision regarding such application to the owner of the property upon which the business is located, the Owner of the business, the holder of the business license, and to any other person who has theretoti.,re made wrillen request to the Hearing Officer for notice of such decision. Said decision shall include wrillen findings in support of his or her determination to grant or deny an extension of the amortization period. Approval of any extension of the amortization period specitied in Section lIE-ll(a) may be conditioned upon phased compliance with certain requirements of this Chapter by various dates. Failure to comply with any such conditions or requirements of the extension within the time limit(s) specified in the extension decision shall be deemed an automatic expiration of the amortization period without further notice, hearings or orders; provided, however, in no event shall such amortization period expire prior 10 the date set forth in subsection (a) above. The decision of the Hearing Officer shall be based upon the evidenee presented at the hearing. (h) The decision of the Hearing Ofticer may be appealed to the Planning Commission by any person by the filing of a wrillen notice of appeal with the Secretary to the Planning Commission not later than ten (10) calendar days following the date of mailing of such decision by the Hearing Officer. In the absence of a timely filed appeal, the decision of the Hearing Officer shall be deemed final and conclusive. (i) Upon the receipt ofa timely filed appeal, the decision of the Hearing Officer shall be deemed vacated and the Secretary to the Planning Commission shall notify the Hearing Officer who shall immediately. transmit the file of such proceedings to tbe Secretary to the Planning Commission. The Secretary to the Planning Commission shall schedule a hearing which shall be held by the Planning Commission not later than thirty (30) calendar days ti.,lIowing the date of filing of the appeal. Such hearing shall be a de novo hearing and shall be conducted in the same manner and within the same time limits as set forth in subsections (e) through (h) above, except that the Planning Commission shall substitute for the Hearing Officer. The decision of the Planning Cummission upon any such appeal shall be final and conclusive, (j) No Adult-Oriented Business which was rendered nonconforming by the adoption of this Chapter II E-II shall continue to be opemtcd in the City of Seal Beach without complying with all of the provisiuns of this Chapter utherwise applicable to such Adult-Oriented Business following expimtion of the amortization period set forth in Section IIE-Il(a) above or any extension thereof specifically approved for such Adult-Oriented Business pursuant to this Section. (k) An Adult-Oriented Business lawfully operating as a conforming use is not rendered a non-conforming use solely by reason of the subsequent establishment of a religious institution, public or private elementary, secondary, middle, junior high or high school, or park within one thousand (1,000) feet, or a residential zone or a residential use within four hundred (400) feet, of the Adult-oriented Business. This provision applies only to the rt:newal of a valid permit and/or license and does not apply when an application for a permit and/or license is submilled after a prior permit and/or license has expired or has been revoked. I I I I I I Ordinance Number ~~cr;1 SECTION liE-II VIOLATIONS - MISDEMEANOR. In addition to any other remedies provided by law or set forth in this Chapter, any violation of the provisions of this Chapter shall be a misdemeanor punishable as set forth in Section 1-8 of this Code. " SECTION 2. BUSINESS RECORDS The following sentence is hereby added to the end of Sl~ction 11-19 of the Code of the City of Seal Beach, "Businesses which provide products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts ("adult" products, merchandise, services or entertainment) as detined in this Code are directed to, and shall comply with, the provisions of Chapter II E of this Code to the extent applicable. " SECTION 3. ENTERTAINMENT CAFES Section 11-49(a)(2) of the Code of the City of Seal Reach is amended in its entirety to read as follows: "2. Patrons, entertainers, proprietors, and employees of entertainment cafes shall comport themselves in accordance with the provisions of Chapter II E of the Code of the City of Seal Beach, where applicable." SECTION 4. ENTERTAINMENT CAFES Section 11-49(a)(3) of the Code of the City of Seal Beach is hereby deleted, and subsections 4 through 9 are renumbered 3 through 8. SECTION 5. MASSAGE PARLORS as follows: Subsection 12-7(d) is hereby added to the Code of the City of Seal Beach, to read "(d) No permit shall be issued pursuant to this Chapter to any person, business or establishment to which a Adult-Oriented Business Permit has been issued or is required pursuant to Chapler lIE of this Code, or to any Adult-Oriented Business which exists as a legal nonconforming use pursuant to Section II E-II of this Code." SECTION 6, PUBLIC NUDITY Section 15-7 of the Code of the City of Seal Beach is hereby amended in its entirety to read as follows: "Section 15-7 PUBLIC NUDITY -- PROHIBITED (a) It shall be unlawful, and a misdemeanor, for any person, while in any public park, playground, public right-of-way, or in any other public place or public accommodation, or in any place opcn to the public or obviollsly Ordinance Number ~~~j1 open to public view (with or without payment of an admission fee), to knowingly and intentionally: (i) Expose his or her genitals, pubic hair, natal cleft, perineum, anal region, or pubic hair region; or (ii) Expose any device, costume, or covering which gives the appearance of or simulates the gcnitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or I (iii) Expose the nipples and/or areolae of the female breast, except as neCeS5.1ry while breast feeding an infant under two (2) years of age; or (iv) Expose any device (commonly known as a "pasty" or "pasties") worn as a cover over the nipples and/or areolae of the female breast, which device simulates and gives the realistic appearance of nipples and/or areolae, (b) It shall be unlawful, and a misdemeanor, for any person 10, in or upon any public street, alley, or other public place, remove and/or <:hangc his or her clothing in any automobile, truck or other vehicle or in any public toilet. (c) The prohibitions set forth in subsections (a) and (b) above shall not apply to: (i) Any child under ten (10) years of age; or (ii) Any acts prohibited, or the prohibition of which is preempted, by any provision of State law. (iii) Any theater, concert hall, audilorium or similar establishment devoted to theatrical performances. The phrase "theater, concert hall, auditorium or I similar est;lhlishment devotl'd to theatrical perflmnances" shall mean a building, playhouse, room, hall or olher place having fixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise and for which a city license or permit for a theater is in full force and effect. (iv) Any establishment for which a valid Adult-Orientcd Business Permit is in full force and effect." SECTION 7. ZONING New subsection (10) is added to Section 1400 of Chapter 28 of the Code of the City of Seal Beach to read as follows: "Adult-Oriented Businesses, except as provided in paragraphs (a)(i) through (a)(vi) of Section 11 E-5, and suhject to the other provisions of Chapter II E of this Codc. " SECTION 8. ZONING I Existing subsection (10) of Section 1400 of Chapter 28 of the Code of the City of Seal Beach is hereby renumbered as .subsection (11). I I I Ordinance Number ~ SECTION 9. ZONING New subsection (8) is added to Section 1500 of Chapter 28 of the Code of the City of Seal Beach to read as follows: .. Adult-Oriented Businesses, excl'pl as provided in paragraphs (a)(i) through (a)(vi) of Section 111:-5, and suhject to the other provisions of Chapter II E of this Code," SECTION 10, ZONING Existing subsections (8), (9), (10), (II), and (12) of Section 1500 of Chapter 28 of the Code of the City of Seal Beach are herehy renumhered as suhsections (9) through (13), respectively, SECTION 11. SEVERABILITY The City Council of the City of Seal Beach herdlY declares that should any section, paragraph, sentence or word of this ordinance of the Codc, lu:rehy adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom 01" any such portion as may be declared invalid, SECTION 12, PENALTY It shall be unlawl"ul for any per~on, linll or corporation to "iolate any provision or to fail to comply with any of the reljuirements 01" thi~ onlimll1",', Any per~on, f\TIll or corporation violating any provision of this ordinance or I"ailing III comply with any of its requirements shall be deemed guilty of a mi~demeanor and upon l'onviction thereof shall be punished by a tine not exceeding One Thousand Dollars ($1,000,00) or by imprisonment not exceeding six (6) months, or by hoth such line and imprisonment. Earh such person, finll or corporation shall be deemed guilty of a separate ol"I"en~e for earh day during any portion of which any violation of any of the provisions 01" this ordimtnl'C is rOlllmilted, continued or permitted by such person, firm or corporation, and shall he plll1lshahk' theretilr as provided for in this ordinance. PASSED, APPROVED AND ADOPTED hy the City COl at a meeting thereof held on the -:-?~,.; eL day of of Ihe CiW of Seal Beach C, 1994 . .#~~:'\\\\\\ .#' 0" ........11,.. III1 ;....0\ ,,'-:'0..01'1:;" ~/b if';;;oo,~ QOo (~ i.1 ~. \..~ ~ . 0 cf::.i ~o: c':2~ ~"'.o .: ^"'~ 'I.?,.., ,.. ~;.! I~ A_.. 0 :<\"t.' O~ '1, vQ _..8t, 21. \ft._o ~.:: I,. ~ .."'....... "..." 4 lll'"f.? U ~11'(.:..,$"..::?" ,'\\,,~~""- Ordinance Number B.B1 . STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City ~f Seal Ikach, Californh, do foregoing Ordinance is an original copy of Ordinant.~ Numh' ~e of the City Clerk, introduced at a meeting hdd on the 1994, and passed, approve( and ado lIed by thc Ci (,lllllcll meeting held on the ' day of AYES: Council members I NOES: COllncilmembers ABSENT: Council members ABSTAIN: COllncilmemhers and do hereby further certify that Ordinant:l' Numher ~as Ix'cn puhlished pursuant to the Seal Beach City Charier and Resolution Numhl'r 2836. I~ , I I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange J am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested tn"the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN. a newspaper of general circulation, printed and published weekly In the City of S9l , Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124nS. Case Number A82S83; that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 7/28 all in the year 19~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. '. thi ,19~. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 218 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinan'ce Number /387 This space for for the County Clerk's Filing Stamp Proof of Publication of NEGATIVE DECLARATION 94-5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NonCE IS HEREBY GIVEN thet tile CI~=nclI of the CIIv of Seal will ItoId e publiC heerlng on Mondey. lI.uguet .. ll1l14, et 7:00 p,m. In the City Council Chember.,' 211 Eighth Str..t, S..I B..ch, C.lllornl., to con.lder the IoII_g 1lIIm: NEGATIVE DECLARATION 114-5 ZONING TEXT AMENDMENT 114-1 ADULT.()RIENTED BUSINESS ORDINANCE !!8qU811: _The City of... Sell S.ach Is proposing to adopt new permit regUlations reg_retlng the establishment of Adull.Oriented Bulin..... within Ihe City. The propoald regulations will replace ellllllil1lrogu_s,n......... to _coun__ EnvI.....-J _ A NRl'JatlVR Br':l.ratI~ has been prepared an .8 on lie at the Department of Dlvelopment Servlcl., City HIli, 211 Eighth -. _Bolch. Caclo -.s: 11-18: 11-48(0)(2),(3); 12-7(tI); 15-. 7: 28.1400; 28-1500; end, Iho _"'~rllE. a:~- At the lbove time Ind pileI III _ pellllllll may be heoJd d ~ dlllred. II you chllllnge the _.-s In COUll, you may be "limited to railing onfy tho.e ...... you or IIOInIClM eIH I'I:lI8d It the publIC heanng dalCrlbed In thl. notice, or. In written correspondence delivered to the City of Sell Such at. or pnor to. Iho__ring DATED This 22nd day of July, 111114 _ Yoo, CIty CIork CIty 01 __ , Published Sun N_pe.. July ..28. 1984 Ordinance Number /.:39 7 , PROOF OF PUBLICATION (2015,5 C.C,P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said; I am over the age of eighteen years, and not a party to or Inter- ested in'the above-entitled matter, I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of S9l . Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2124ns, Case Number A82S83: that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published In each regular arid entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 8/18 all in the year 19..i!... I certify (or declare) under penalty of perjury that the foregoing Is true and correct. '. , 19..i!... PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of SUMMARY ORDINANCE NUMBER 1387 ............................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUIlMARY ORDINANCE NUIIBEIIl387 A1f~Q OrdlNlnce Numbe, 1387 of the m :"s:.:.::"..: =.: or... 8001_ ~I Cado rel.'lng to .duII-orlented bu.ln...... Ordlnancl Number I 1388... tIIftIduced .. '" .....' cnv COUncIl ~ or Al.9Jlf8lh, I 1884 and Ilrl' r.edlng wal -..,...-.-: I AyES:...... Doa...Fma~ _ Lam ,--, NOES: None _ea_ Ordlnancl Number 1387 will ; receive '.coRd reading Ind be conlldered tOJ adoption at the regular CII)' Council me'llng of I Augua' 22nd. 1884. Copl,. 01 Ordinance Number 1387 ar. . _Inlm"'_or..cnv , Clork. Clly HIlI. 211 - IIIIl IIbHf; f ....1 BeaCh; '1IIIIho"l (310) 431- I tIliZ1. I DATED TIIIo IlIII ell, 01 Aug.... 18114 _U. yoo r:=~_ -__Sunllt_ I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- said: I am over the age of eighteen years, and not a party to or Inter- ested In'the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly In the City of SUI . Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date 0.' m4175. Case Number A82583: that the notice of which the annexed Is a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: Q,/I~ I all In the year 19JM... I certify (or declare) .under penalty of perJury that the foregoing Is true and correct. " PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 218 Main Street P.O. Box'755 Seal Beach, CA 90740 . (310)430-7555 . . .1 Ordinance Number ~~~ .;.... This space for for the County Clerk's Filing Stamp : Proof of Publication of 9~N~. .~~~f;~. .IF?~J. . . . . . . . . . . . . . . . . . . . .". . . . . . . . . f?'=:::: ~'": ~~.ILT:o.snm.B~__ IUD. 1887 riA.. car riA Sool , _I CIIIpter l1E IIId Imlndl . rlDue MOtIon. ot the a"l Seach .' ~-"'ID__ _ .,ne..... Ordinance Number 1387 _ _1IIlIng IIId _1dapIod .1I..I1IIUtCI\JCauncII...... riA AuQuoI l/lInd.ll1114___..,..-.g -', .~ "AYES: Brown. DHne, FOr8ythe. -.ao.~ _ r 'N0E8:_ ' 11-- Caplel 01 0nIIn0nc0 NoanbI. 1887 "" """'''_riA''ClyCllllr, I., HIli, 211 - 8th 81.. 8..1 Bllch: .. . (310) 43141127. ' Of':' . 1IA~1N8__riAAuguot, ll1114 .-,. -- . . II.V....ClyCllllc -al~~..l ~_;'-~T_"'\ I ..~N .. .M'" . +...~-~ dIdIo........=;....i.~ ". ...... I' '.