HomeMy WebLinkAboutPC Res 94-33 - 1994-07-20
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RESOLUTION NO 94-33
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH,
CALIFORNlA, RECOMMENDING THAT THE CITY
COUNCIL ADD A NEW CHAPTER 11 E TO THE
CODE OF THE CITY OF SEAL BEACH RELATING
TO ADULT-ORIENTED BUSINESS, AND
AMENDING RELATED SECTIONS OF THE CODE
(ZONE TEXT AMENDMENT 94-1)
Section I The PI,lI1l11ng COl1lnm'llln 01 thc Clly 01 ~e,11 BC<1(.h wl,he\ to
promote the CIty of Scal Be,Kh'\ glC.lt 1I1lele,t 111 [lllltCc.tll1g ,111(1 pre.,C'lvlng the quahty of
restdenttal, coml11erc.,I<l1 and lI1dU\tll,II.\Il',l<, olthc CIty, and qu.lhty 01 hk through cttcc.,tlve land
use plannll1g
Section 2 The Planl1lng COIllI1lI\"On olthl' Clly 01 Sl'<l1 Bl'dc.,h bL'ilcvc, dO, true
the studle, eondu(.ted In the c.,ltle, 01 AU,tlll, Te"a\, BIIo"I, MI\'I"IPPI, C'drdcn Grove,
Cahfornla, Indlanapol..., Indl,lI1<1, 10' Angl'll", (',lhfornl,I, ,u1(1 I'hOl'l1IX, AnL0I1.I whlc.,h ,how
Adult-OrIented OU'lIle"c, c."llI,e ,cconddlY 111llMlh wlllth deglddC' the drl'd\ olthc City 1I1 whlc.,h
they are lo(.ated, C,llI\l' ,I bhghtll1g elll'c.,t on the City, ,1I1d II1Ul'.I'l' 1I111le 111 gl'ncl.lI, ,1I1d ,ex-
related cnmes In PMtlc.ul,u, In the VKlI1lty 01 thl' Adnlt-OIIC'l1tl'd BU'lI1l'''''
Section 3 PnOl to thC' ,lllopl1on ot lh" Ordnldl1ll', thl' I'I'lI1l11ng COI11I11"...on
reviewed detaIled \tudle, Plcp,ucd by othcr IUIl\cll(.tlol1' rcg,mhng till' dctlll11ent,11 ,oclal ,md
economIc etfech on per,on\ ,md plOpClllC' 111111lC'dl.ltcly ,unoundll1g c,tdhh,hed Adult-OIlentcd
Buslne"es The\e ,tuche, lI1c1uded tho\c plCIJ.lred by thc c.,ll1l" ot Au,tln, Tcxa" OI]OXI,
MISSISSIPPI, lndlanapoh" Inch,ul.I, Galdcn GlOve, (',lhIOlI1l<l, Lo, Angclc\, ("lhIOlI1l,I, ,md
Phoemx, ArIzona
Sl'ction 4 The Plannlllg COIllI1lI,"On 01 thc ('Ily ot \C'<l1 BC'<I(.h bcheve, the
followmg ,tatemenh ,1rc tr Ul', In p<lll [Mwd uJlon It, undl'r \tdndll1g 01 thl' l'Xpl'llcnce, 01 Cll1e\
such a, Au~tln, 'rex,l', HlIoXI, MI"'I'''PPI, (mll.lI1apoll\, Indldl),J, ('drdcn (J('()Vl', C,Il 11 01 111,1, Lo,
Angeles, Cahfornl<l, ,lI1d PhOC'I1IX, AII/on.l
A ClIl11l' rdte., Me hlghl'l III rc"dentl,lI <lrl',l' ,unouncllng Adult-OIlented
BU\lnC'.,.,l" 111.ln 1I1 lllnllnC'Ic.,I.11 01 II1du,tll,lI ,Ul'<I' .,ullounchng Adult-
OrIented OU'II1C'''''C'',
I3 Alea, wlthlll clme wall.lI1g (lI,t,uKC of \Ingk .ul(1 l1lultlpk tal1llly
dwclIlI1g, ,hould hc IIl'l' 01 Adult-Olll'ntC'd llu'lI1C"l",
C Adult-Ollcnll'dllu'lI1l'''c\ ,lIould not bc ll11dtl'd 111 dlC<l\ 01 tllC City wllI(.h
ale In thc VI(.lIl1ty Olll"ldclll1dl U'l", IdlglOU' lIl,tllullon" 1J.llk" l11aJor
m,l"" lIan'pOltdtlon nodc, .Illd ,(.hool,
o Thc Il1lage 01 thl' City 01 Sc,lI13cddl a, <I pll'.t',1I11 dnd dtlr<lctlve place to
IC\ldc Will bC' advcl \C'iy ,11kul'd by the Pll',CIK(' 01 Adult-Onented
BU'lI1e.,.,l" 1I1 c.lo,e pro"lI\1lty to 1("ldl'ntl<l1 U,C\, lehglou, In,tllutlOn\,
p,lrk" n1.l10r n1.l.,., tlan,pOlt,lllon nodc\ <lnd "hoo!",
J) \WI)'iI\RI..~O\ZI^II4-1 1'< R\I W\\17 1\.114
.,
.
AcI//lr-OJlC'IIfl'C1 BU\lIIe\\ OltllllanLt~/
7011" It':tl Amendment 94-1
1)/m/lIl"~ (OIllIllIH/o" Re\ohwon 94-33
Jill) 211, 1994
E Thc CXI\tel1ce 01 Adult-OIII.'I1ICd BU'lIw""c~ 111 do,e proXII11Ity to
le'ldenllal ,1Ie<l, h,l<, bcel1 ,hown In ~ollle ulll', to ledu<"c thl' property
value, 111 Iho,e le'ldentlal ,lre,l'
F The 100<ltl0l1 of Adult-Olll'l1tl'd BUl.lnl'.,.,l', on the Illdll1 wl11l11elclal
thOlOUghl,lIl" ot IhL- City would give ,Ul 1I11jlle.,,,,on ollcgltll11<1C.Y to, and
C,lU,e~ a 10.,., 01 'l'n'ltlvlty to tlw advl'l'c e1kc.t 01 pornogl<lphy upon
l'hlldlen, e,t,lhh,hed t<lnllly reldtlon', Il"PI.'C.t 101 I1Mlltallt'ldtlOn,llIp and
lor thl' ',Ull'tlly 01 n1.lIIl,lgl' reldtlon, 01 othel', ,uHI the c.onc.ept of
non-aggle.,.,\ve con,enw,lIl.exudl lel,\lIOn"
G The PI,uUlll1g COllllllll.'lOn hchl'Vl" thdt ,lIlowlI1g Adult-Onented
13u,Ine.,.,e, 111 C-2 ,lI1d 1\1-1 zone, 1\ ,lpplOplldll' hl'l,IIIW ,uc.h zone,
II1dude alllplc ,Kc.,C.,.,lhil' Il"ll c,tdte II1dudll1g ,1c.,le,lgc In <Ill ,t<lge, 01
developl11ent hOI11 I,IW 1,lI1d to del'l'loped, II1dUl.tll<l1 walehou,e, and
,hoppll1g 'pdle th<lt I' ed,IIy ,\lle,o,(hle hy liCl'WdY~, hlghw<lY~ ,md road,
I'rohlllltll1g Adult-Ollented hU'II1C""C, WIthin the ('lIy'~ Nl'lghborhood
COllllllcrclal Zone (('-I) " Illlther lu,tltll'd IM,"'d on thl' lac.t that
Adult-Ollentl'd BUo,(nc.,.,c, IMvl' been ,hmvnto reduce PIllPl'rty valul'~ and
del'll',jo,e thl' IMtlOI1.lge 01 tho,l' hu,Ine.,.,e, In dO.,l' proxlllllty to the
Adult-Ollentcd BU'lI1c.,.,e,
H Without the <ldoptllln 01 tlm Olll1n<lnlC, Adult-Ollellted BU'II1e,I.l" coulu
Ilx,lte ,Ulywhl'll' wlthll1 the ('lIy hy light Icqulllng no Pl'll11lt othl'r th<ln
a hU'1I1l''''' hc.,cn,e to opel.tte,
A re,I'OIMble legul,ltlon 01 lhl' IOc."ltIOIl 01 Adult-Olll'lItl'd BU'lI1e~,e,
plOtl'lt, the IllldgC 01 the cOllllllunlty <lnd It, propl'lty v,lIue, and protel't~
It, le'luent, trolll tlw <ldVl'I'"' ,elOl1ddry l'Ill'c.t1. 01 ,ulh Adult-Onented
BU'Ine'~l", whllc provldll1g thml' who dl'o,(le to p,ltlonl/e Adult-Ollcnted
BU'lnc.,.,e, ,Ul OjlpOltUl11ty to do ~o In dpplOjlll,lle .tICd' Within thc City
J Regul"tlon~ lor Adult-Olll'ntcd BUo,(ne~,"'~ I.hould he developed to prevent
dl'tellOl<lllOn and/Ol degl,ld,ltlon 01 the vlt<lhty 01 thl' wmlllunlty before
the plOhlelll eXI.,l" 1.tlhl'l th,Ul w<lltlng 101 d plllhlelll to hc c.,rl'cltl'd,
K Adult-Ollcnll'd BU'lI1l"~l" ,hould bc legul,lted hy dl'vclopll1g /omng
which wIll 'l'fMr<lte ,ulh I,Uld U,"', hOIll othel II1lOlllp,\llhll' u,e,
Section 5 ~t<ltl~tll~ colllpIled by thc Clly 01 ItVIl1C, C,lhlornlcl, Pohce
Departl11ent on c.lll11e rate, In the vlc.,ll11ly of Adult-Onented BUl.lne.,.,e~ 111 nelghhonng
eommumtle~ reveah tlMI c.nl11l' late, and Wl11jll<llnt~ to thc Pohle Dl'IMltlllent 1I111ed,e alter
1000 P 111 dl~propOltlonately II1thc dllel! vlumty 01 Adult-Ollentl'd BU'lI1e",l'''
Sl'ction 6 While thc I'I,Ull1l11g COlllmll.'IOn 01 the City 01 Se,lI Beac.h de'lIel.
to protect the nght, wnlclled hy thl' lJl11ll.'d ~t.ttl.l. ( on,lltulloll to Adult-Ollented BU'II1C"l",
]t does 1.0 111 a l11anner tlMt l'lNlIl" thl' cont1l1ued ,ulll ollll'i1y dCl'l'lopl11l'nl 01 plOperty wlthll1
the CIty and dll11ll11,he" to the gle<lll'l.! eXlentle,lo,(hlc, tho~l' Ulldl"lI,lhil' ,"'wnd,lry el tec.t~ whlc.,h
the aforementioned ,tuche, IMYe ,hown to he Icl,lted With the developll1cnt ,Uld opelallon of
Adult-Onented BU~lI1e.,.,l"
)) \WI)'iI\RI 'O\l.IAQ.t-1 1'( Inl W\lI7 I PI!
2
,
\
A(lult~Onenfed BU\lne\~ O,drnance/
Zont' TnJ Amendmt'1I1 94-1
Plcmnllll: Comml\\lon Rt'\oluhon 94-33
July 20, 1994
S('rtioll 7 It IS not the Intent of the City In adoptIng thIs OrdInance to suppress
any activIties protected by the Fmt Amendment, but rather to enact a content neutral OrdInance
whIch addresses the secondary eftect, Adult-OrIented BU~Ine"es have on the CIty
Sertioll 8 City ,taff ha, prepared an initial ~tudy pursuant to the California
Environmental Quality Act ("CEQA"), and recommends that the Planning CommISSIon
recommend that the City Council determine that the proposed Adult-Onented Business OrdInance
and ZOning Text Amendment WIll not have any adverse Impact on the envIronment, and adopt
a negative declaration
Sertioll 9 The Planning Comnm~lOn conducted a duly notIced public hearIng
on July 20, 1994, at which the PI,Inn1l1g Comml~~lon enterta1l1ed testimony from CIty staff and
members of the public
NOW THEREFORE, the Planning COmnl1SSlOn of the CIty of Seal Beach
hereby re~olve, a~ follow,
Serfioll 1 Pur,uant to the City of Seal Beaeh'~ CEQA procedures and ArtIcle
VI of the State CEQA GUldelIne~, a Negative Declaration has been prepared according to
CEQA The Planning Comnm,lon ha, reviewed and considered the information contaIned In
the Negative Declaral10n and the 1I11tlal ,tudy, and has also revIewed and con~ldered the
comment, receIved dUrIng the public revIew perIod prIor to the approval of thIs Project
Furthermore, the Planning Comnmslon ha~ exelcl~ed It~ own Independenljudgement In reaching
the above concIu~lOn The Planning Comnm~lOn ha~ recommended that the CIty CouncIl
approve the Negative Declaration by the adoption of Planning Comml"lon Re,olutlon 94-32
Sertion 2 The Planning COlmms,lon recommend~ that the City CouncIl adopt
the Adult-OrIented BusIne~s Ordinance (Zone Text Amendment 94-1) attached hereto as ExhIbit
"A" and Incorporated herein by thl, reference
S('rtioll 3 The Secretary of the Planning CommlS~lOn IS hereby dIrected to
forward this re,olutlOn to the City CouncIl
PASSED, APPROVED AND ADOPTED by the PlannIng Comml,slon of the CIty of
Seal Beach at a meeting thercof held on the 20th day of July, 1994 by the follOWIng vote
AYES
Comnm~lOner, Sharp. I aw. Brown. Campbell
NOES
COmnl1SSl0ners
ABSENT
Comml'~lOner~ Dah 1 man
ABSTAIN
Comml,~loner,
'{J~J,
PatrIcia E Campbell, Vlce-
Planning Commls,lOn
n \Wl1il\RI ~0\1..1^1U-11l( R\I W\lI7-J1 '14
3
Adull-Ollenled BUllne\\ Old'nt/nul
Zone Tt'M Amendment 94-1
P/llllnmK ConumHlOn Re\olutlOn 94-33
Julv 20, 1994
J) \WI.'il\Rf...~\Zr^Q.l-J 1'1( R\I W\U7~1l 94
4
Adult-Ollenled BUllnel. Oldmance!
Zone TeAl Amendmenl 94-1
Planmm: Comnu\Swn Rt\olunon 94-33
J ulv 20, 1994
PLANNING COMMISSION RESOLUfION 94-33
EXIUBIT A
PROPOSED ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH ADDING CHAPTER lIE
AND AMENDING VARIOUS SECTIONS OF THE
SEAL BEACH MUNICIPAL CODE RELATING TO
ADULT-ORIENTED BUSINESSES
WHEREAS, the CIty CouncIl of the CIty of Seal Beach wI,he, to promote the CIlY's
sIgnifICant Intere,t In protecting and preserving the quahty of re~ldelltIal, commerc.Jd1 and
Industnal areas of the City, and quality of life through effective land u~e planmng, and
WHEREAS, the City CouncIl of the City of Seal Beach IS aware of, and beheves as
true the studies prepared by other CItieS such as Au,tln, Texas, BIloXI, MISSISSIppI, Garden
Grove, Cahfornla, Indlanapoll" IndIana, Los Angeles, California, and Phoemx, Anzona whIch
~how that Adult-Onented Bu~me\\e, cau\e ~ecolldary Impact~ which degrade the areas of the
CIty In which they are located, cau,e a blightIng effect on the CIty, and Increase cnme m
general, and sex related cnme, In partlc.ular, In the vlclmty of the Adult-Onented Buslne", and
WHEREAS, the CIty CouncIl of the CIty of Seal Beach has revIewed the
aforemenUoned studIes and believes the following statements are true, In part based upon ItS
understandmg of the expenence\ of other cltle,
A Cnme rates are 11IgheJ m re~ldentlal areas surrounding Adult-Onented
Busme\\e, than In eommelclal or Industnal area~ ~urroundlng Adult-Onented
Buslne"es,
B Cnme rate, In areas 111 winch Adult-Onented BU,lI1e,se, are closely
sItuated to each other are hIgher than areas In whIch Adult-Onented Buslnes\es
are ,eparated from each other,
C Adult-Onented BU,lI1esse, ~hou]d not be located In areas of the CIty whIch
are In the vlclmty of reSidential u,e~, rehglOus InstltutIon~, parks and schools,
o The Image of the CIlY of Seal Beach as a pleasant and attractive place to
reSide and to conduc.t bU,lI1e,\ wIll be adversely affected by the presence of
Adult-Onented Busll1esse~ 111 cIo,e proxImIty to residentIal uses, religIOus
mstItutIon~, parh and \ehools,
E The eXI\tence of Adult-Onented BU,lnes,es In elo,e proximIty to
reSIdential areas ha~ been shown In some ClUe, to reduce the property value, In
those re,ldentlaI area\,
F A rea~onable regulation of the locatIOn of Adult-Onented BuslI1esses
protect~ the Image of the community and ItS property values and protects ItS
D \WP'H\RJ:.\O\l1 A94-1 l,{ R\LW\lI7 1'\-114
5
A,/lIlt-Onented Buunt'\\ O,Jrnam.t>1
Zone TeAl Al11end",enl 94-1
Planmng CommnwcJn Rt'so!uflon 94-33
July 20, 1994
resIdents from the adver~e ,econdary effects of such Adult-Onented Businesses,
whIle provIding persom who de~lre to patronize Adult-Onented Busmesses an
opportunity to do ~o In appropnate areas wIthin the City,
G Regulation, for Adult-Onented BU,lnesses should be developed to prevent
detenoratlOn and/or degradation of the vItalIty of the community,
H The adver~e secondary Impacts of Adult-Onented bUSinesses should be
regulated by developing zOning and other regulatory mechanisms whIch WIll
separate such land uses from incompatible use" and
WHEREAS, the CIty Coun(.ll ha~ revIewed and belIeves as true statl,tlc, compiled by
the CIty of IrVine, CalIfornia PolIce Depaltment on cnme rates and complaints to the PolIce
Department Increa,e after 10 00 p m dl~proportlOnately In the dIrect VICInity of Adult-Onented
BUSinesses; and
WHEREAS, the aforementIoned stud Ie, show that sex-related offenses are Included
within the category of ~econdary effects eau~ed by unregulated or underregulated Adult-Onented
Buslnes,e" and
WHEREAS, whIle the City Council of the CIty of Seal Beach deSIres to protect the
nghts conferred by the United State, Con~tItutlon, It Intend\ to do ,0 In a manner that en,ures
the continued and orderly development of property within the City and dIminishes, to the
greatest extent fea,lble, those undeSIrable ,econdary effects the aforementioned studle, have
shown as assocIated wIth the development and operation of Adult-Onented Buslnesse~, and
WHEREAS, eonceln over sexually tran~mltted dl~ea~e~, including AIDS, IS a
legitimate health concern of the City which demands rea,onable regulations of Adult-Onented
BUSinesses In order to protec.t the health and well being of ItS CItIzens, and
WHEREAS, It IS not the Intent of the CIty In adopting thl, Ordinance to suppress any
activIties protected by the Ftr~t Amendment, but rather to enact a content neutral Ordinance
which addresses the ,ec.ondary effect, Adult-Onented Buslnesse~ have on the City, and
WHEREAS, the Department of Development ServIces ha\ prepared an InitIal study
pursuant to the CalIfornia EnVIronmental QualIty Act ("CEQA") and the CIty of Seal Beach's
local CEQA GUIdelIne" has determined that the propo,ed ordinance wIll not have any \Ignlflcant
adverse Impact on the envllonment, and accordingly has prepdred, Circulated, and recommends
adoption of a Negative Declaration, and
WHEREAS, a duly noticed publIc heanng was held before the Planning Comml,slon
on July 20, 1994 to conSider the propo,ed Adult-Onented BU~lnes~ Ordinance/Zone Text
Amendment 94-1 At the publIc hearing, the Planning Comnm~lOn receIved te,tllnony from
,taff and the publIc, and detenmned to recommend approval of the proposed Adult-Onented
BUSiness Ordinance/Zone Text Amendment 94-1, through the adoption of ResolutIon 94-33, and
D \WP~1\Rr"O\Zl^94-II1( K\I W\U7-11-Q4
6
AtllIll-Onented BUlme,. Oldmanu/
Zone T eu Amentlmenl 94-1
Plllnnm~ QmUnlHlOn Re~olutlOn 94-33
July 20, 1994
WHEREAS, the CIty CouncIl noticed a pubhc heanng on
, 1994,
and
WHEREAS, the CIty CouncIl receIved Into eVIdence the Report of the Plannmg
CommIssIOn, mcludlng the Staff Report dated July 20, 1994, Planning CommIssIon ResolutIon
No 94-33, and the Mmute~ of the PlannIng COmml%IOn meeting of July 20, 1994 In additIon,
the CIty CouncIl consIdered all wntten and oral eVidence presented at the tllne of the pubhe
heanng, and
WHEREAS, the CIty ha, adopted NegatIve DeclaratIon 94-5, through the approval of
ResolutIOn No , whIch I, Incorporated herein by reference SaId NegatIve
DeclaratIon represent, the mdependent Judgement of the CIty of Seal Beach
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH HEREBY ORDAINS AS FOLLOWS
SECTION I
Chapter 11 E IS hereby added to the Code of the City ot Seal Beach to read as
follows
"CHAPTER lIE
ADULT-ORIENTED BUSINESSES
SECTION IIE-l
INTENT
The 1l1tent of thiS SectIOn IS to regulate bU,lne,se~ WhiCh, unless closely regulated, tend
to have senous ,econdary effect, on the communIty, whIch effects mclude, but are not
lImIted to, the following deprecIatIon of property value, and merease m vacancle~ m
resIdentIal and commerCial areas m the VICInIty of Adult-Onented Busmes~es,
mterference wIth resIdentIal property owners' enJoyment of their property when such
property IS located m the VICInIty ot Adult-Onented Busme,se, as a result of mcrea\e,
m crime, lItter, nOIse and vandah,m, higher CrIme rates m the VICInIty of Adult-Onented
Busmesses, and blIghting condltIon~ ,uch a, low-level mamtenance of commercIal
premIses and parkmg lot~, whIch thereby have a deletenous effect upon adJacent areas
Speclal regulatIon of the~e bu\me,ses IS nece\\ary to prevent the,e adverse effects and
the bhghtlng or degladatIOn of the nelghbOlhood\ In the VICInIty of the Adult-Onented
Bus1l1es,es
It IS neIther the mtent nor the effect of thIS Chapter to lI11po,e hmltatlons or re~tnCtIon~
on the content of any commUnIcative matenal SlI11llarly, It I, neIther the Intent nor the
effect of thIS Chapter to re,tnet or deny acce\, by adults to AduIt-Onented Matenals or
to deny aece,s by the dl,tnbutor, or exhIbitor, of Adult-Onented Buslnes~es to their
Intended market
Nothmg In thl\ Chapter I, Intended to authonze, legalIze or permIt the c,tablIshment,
operation or maintenance of any bu~mess, buildmg or u\e which vlOlate\ any CIty
ordmance or any statute of the State of CalIfornia regardmg publIc nlllsanees, unlawful
or 1l1decent expo\ure, \exual conduct, lewdness or ob,cene or harmful matter or the
exhIbitIOn or publIc dIsplay thereof
u \Wr~1\RI...\O\I.:IA94-1 pc. R\l W\U7-1 ~-94
7
Adlllt~O"ented BU\lneH Ou/manul
Zone TeAt Ament/ment 94-1
Plan",,,): COl1U",HlOn RewJunon 94-33
Jill) 20, 1994
SECTION IlE-2
DEFINITIONS
(a) "Adult-OrIented Boohtore" Any establI,hment, whIch a, a regular and
substantIal portion of Its busIne,s, dl,plays and/or distrIbutes Adult-OrIented
MerchandIse, books, penodlcals, magazines, photograph" drawIngs, ,culpture"
motIon picture" videos, films, or other vIsual repre,entatIOns whIch are
dIstIngUIshed or eharaeterILed by an emphaMs on matter depictIng, descrIbIng or
relating to SpecIfied Sexual Activity or SpecIfied AnatomIcal Parts See
"Adult-Onented Business" for defimtIOn of the term "regular and substantIal
portIon of It, bU~Iness "
(b) "Adult-OrIented BU,ll1e~s" Any business establI,hment or concern whIch as a
regular and sub~tantlal course of conduct perform, or operates as an
Adult-Onented Book,tore, Adult-Onented Theater, Adult-OrIented Motion PIcture
Arcade, Adult-OrIented Cabaret, Adult-OrIented Motel/Hotel, or whIch sells or
dIstrIbutes Adult-Onented MerchandIse or Adult-OrIented MaterIal, or any other
bU~Ine~, or concern whIch a~ a regular and ,ub,tantlal portion of ItS busIne~s
offers to ItS patron~ produet~, merchandl,e, services or entertainment whIch are
dlstlngul,hed or charac.tenzed by an emphaSIS on matter depIcting, de~crIblng or
relating to Speclhed Sexual Ac.tlvltle~ or SpecIfIed Anatollllcal Part~ but not
includIng tho,e u~e~ or aCtIVltIe" the regulation of which IS preempted by ,tate
law "Adult-OrIented BU,lne,s" ,hall also Include any e~tablI,hment which a, a
regular and ,ub,tanllal course of conduct proVIde, or allow, performers, models,
or employees to appear In any publIc place In lIngerIe A ,lngle news rack, as
defined In SectIon II B-1 of this Code, ,hall not be consIdered an Adult-OrIented
Business for the purpo,es of this Chapter As u,ed In thIs chapter, the terms
"regular and sub~tantIaI course of conduct" and "regular and substantIal portIOn
of ItS business" shall mean any Adult-OrIented BU~lne~, where one or more of the
follOWIng conditIOns eXI,t
(I) The area(~) devoted to the dl,play of Adult-OrIented Merehandl~e and/or
Adult-OrIented Matenal exceeds fifteen (15) percent of the total dl,play
area of the bU,lne,s, or
(n) The busIne,s or concern pre,ents any type of live entertaInment
charactenzed by an empha~l~ on SpecIfIed Sexual ACtIVIty or SpecIfIed
Anatomical Parts, or performer\, models or employees appeanng In publIc
111 IIngene on any four or more separate day, WithIn any thirty day perIod,
or
(m) At lea,t fifty percent (50%) of the gro,s recelpt~ of the bU~lne,s are
derIved flOm the ,ale, trade, dl~play or presentation of ,ervlee~, products,
or entertaInment whIch are charactenzed by an empha~l~ on matter
depIcting, descllbIng, or relating to Specified Sexual ActiVIties or
SpecIfied Anatol1llc.aI Part,
(c) "Adult-Onented Cabaret" A mghtclub, bar, restaurant or SimIlar establIshment
or concern whIch feature, any type of hve entertainment characterIzed by ItS
empha~ls on matter depIcting, de,cnbIng, or relatIng to SpecIfIed Sexual
AetIvltle~ or SpecIlltxl AnatOlmcal Parts
(d) "Adult-OrIented Hotel/Motel" A hotel or motel, whIch (I) as a regular
and sub~tantlaI cour\e of conduct provlde~ to ItS patrons, through the
provmon of room, eqUipped WIth clo,ed-c.lreUlt televl'lon, VIdeo recorders
or player~ or other medIUm, matenal which IS distingUIshed or
D \WP'iI\RI..\O\ZIA94-1 1J('R\LW\U7-ll 94
8
Atfult-OIlt.'lItt'Cf BU~In"\~ O,drnanul
Zone Text Amemfmenr 94-]
PlanmnK Co"muHlOn Rewluhon 94-33
July 20, 1994
charactenzed by an emphasIs on matter deplctmg, desenbmg or relatmg
to Specified Sexual Ac.,tIvltIe, or SpecIfied AnatomIcal Parts, and/or (11)
rents, lease" or lets any room for les, than a sIx-hour penod, or rents,
lease~ or lets any single room more than tWice many 24-hour penod See
"Adult-Onented BU\lne,," for defimtlOn of the term "regular and
sub,tantIal coune of conduct"
(e) "Adult-Onented Matenal" Any Adult-Onented Merchandtse, or any
book, penodlcal, maga.lme, photograph, drawing, sculpture, motIon
pIcture film, vIdeo tape recordmg, or other vmIaI repre~entatlOn,
charactenzed by an emphasl~ on matter depletmg, de,cnblng, or relatmg
to Specific SeAual AetJvJtle~ or Specified AnatomIcal Parts
(f) "Adult-Onented Merehandl,e" Adult-Onented Implement~ or
paraphernalIa, such a\, but not IIl11lted to dIldos, auto ~uck" ,ex-onented
vibrators, edible underwear, benwa balls, mflatabIe on flees, anatomical
balloon, with onflces, sllnulated and/or battery operated vaglna~, and
sll11llar \ex-onented devlc.e, which are de,lgned or marketed pnmanly for
the stllnulatlon of human gem tal organs or ,adomasochlstlc actIvity
(g) "Adult-Onented MotIon Picture Arcade" Any buslne~, e\tablI\hment or
concern eontamlng any manually operated, com or ,Iug operated, or
electneally or electromcally operated or controlled, stdl or motIon pIcture
or VIdeo tape machines, prolector\, players or other Image produemg
devIces that are malntall1ed to dl~play Images to five or fewer per\on, per
maehme or per viewing room at anyone tIme when those Image, are
dlstmgul\hed or charactenzed by an empha~ls on matter depIcting,
de\cnblng or relating to SpeCifIed Sexual ActIvities or Spe(.lfied
AnatomIcal Part~
(h) "Adult-Onented MotIOn PIcture Theater" A bUSiness establIshment or
concern whIch proJects and pre,ent, motIon pictures, VIdeo tape
recordlng~, ,IIde photographs, or other motIon or stIll pIctures which are
dlst1Jlglll~hed or charactenzed by an emphaSIS on matter deplctmg,
descnblng, or relatmg to SpecIfied Sexual Actlvltle\ or SpecIfIed
Anatomical Part~
(1) "Adult-Onented Theater" A theater, concert hall, audltonum, or sllndar
e~tablI\hment whIch feature, lIve performances which are charactenzed by an
emphaSIS on matter depicting, descnblng or relating to SpeCIfIed Anatomical Parts
or by Specified Sexual ActiVItIes
(J) "Llcen~e Collector" ,hall mean the CIty Manager of the CIty of Seal Beach or hIS
or her de,lgnee
(k) "Owner" or "Permit holder" or Penmttee" For purpo,e, of thiS Chapter,
"Owner," "Permit holder" or "Penmtlee" ,hall mean any of the follOWIng (I) the
sole propnetor of an Adult-Onented Busme\~, or (Il) any general partner of a
partnershIp which owns and operate~ an Adult-Onented Busmes" or (111) the
owner of a controllIng Interest m a corporatIOn which own, and operates an
Adult-Onented BU'lne,s, or (IV) the per,on de,lgnated by the officer, of a
corporatIon to be the Permit holder for an Adult-Onented BUSiness owned and
operated by the corporatIOn
U \WI>>~I\RI c"O\lIA94-1 pt R\I W\II7.n '14
9
Adult-Oriented Bu.uness O,dman,el
Zone Te>.l Amendment 94-1
Plcmmnx Conuru\\lOn Re\()lutlOn 94-33
July 20, 1994
(I) "SpeCIfied Anat011l1eal Parts"
(I) Less than completely and opaquely covered human gemtals, pubIc haIr,
buttocks; natal cleft, penneum, anal regIon, pubic hair regIOn, or female
breast below a pOint Immediately above the top of the areola, or
(11) Human male gemtal~ In a dl,cernabIy turgId ,tate, even If completely and
opaquely <.overed
(m) "SpecIfied Sexual ActIvltIe,"
(I) Actual or sllllulated sexual Intercour,e, oral copulatIOn, anal mtercourse,
oral anal copulatIon, bestIahty, masturbatIon, direct physIcal stImulatIOn
of unclothed gemtals, flagellatIon or torture m the context of a sexual
relationship, or the use of the excretory functIOn m the context of a sexual
relatIon,hlp, or any of the follOWing depIcted sexually-onented acts or
conduct, whcther actual or SImulated amllngus, buggery, coprophagy,
eoprophllta, cunnlllngu" fellatiO, necrophIlia, pederasty, pedophIlia,
sapphl\m, urophllla, zooera,tJa, zoophllta, or
(11) Clearly depleted human genital> m a state of sexual ~tImulatlOn, arou,al
or tumescence, or
(111) DepictIOn of sllllulatlOn of human or ammal elaculahon, or
(IV) Fondltng or erotIc or sexually-onented touching of human genltal~, pubIC
regIon, buttock\, natal clett, anal region or female brea~t, or
(v) Ma\ochl,m, erotic or ,exually-onented torture, beating or the mfllctIon of
pam, or
(VI) ErotIC or lewd touching, fondling, or other \exually-onented contact wIth
an animal by a human being, or
(VII) Human excretIon, unnatIon, menstruatIon, vaginal or anallrngatlOn, or
(VIII) Stnptea\e, or the removal of clothing, or the weanng of transparent or
diaphanous clothIng, lIlcludlllg model, appeanng m IIngene, to the pOint
where SpeCIfIed Anatonllcal P,lrts are expo\ed
SECTiON IIE-3
STATEMENTS AND RECORDS
(a) Person(s) reqUIred to obtain a bU~lne,s IIcen,e pursuant to the provI,lons of
Chapter II of thl, Code for any bU,lne" establishment which prOVIdes products,
merchandIse, serVIce, or entertainment whIch I, dl,tInglll,hed or charactenzed by
an empham on matter depIcting, desenblng, or relating to SpeCIfIed Sexual
ActlvltIe, or SpeCifIed Anatomical Part\, as defined In thl, Code, shall mamtam
complete record, whIch can be ,egregated WIth regard to all transactIon,
involVing such product~, merehandl~e, ,ervlces or entertainment whIch are
~uffIclcnt to e,tabll~h the percentage of gross receipts of the bUSIness whIch IS
denved from ,ueh tran,aetJons The term "gross recelpt\" ,hall have the meaning
set forth m \ec.tlOn 11-1 of thiS Code Such records shall be maintained for a
penod of at lea,t three (3) years
I) \WP'il\RI..:~O\LI^94-11't. R\I W\II7-) 1 W
10
Adult-Ollented BU\lne~~ Oil/manu!
Zone Texl Amendment 94-1
PlanmnR Cmtlltunwn Rewlutwn 94-33
Julv 20, 1994
(b) No person reqUIred to keep records under this sectIOn shall refu~e to allow
authorized representatIve, of the LIcense Collector to examIne saId records at
reasonable tnnes and places
(c) ThIs ,ectlOn 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
buslne,~, or (n) for whIch the Owner has an applIcation pending for, or has
obtaIned, an Adult-Oriented BUSIness Perlmt
SECTION IIE-4
ADULT-ORIENTED BUSINESS PERMIT
(a) Perlmt ReqUIred
It shall be unlawful for any person or entIty to operate, engage In, conduct or
carryon any Adult-oriented BU,lI1e\~ within the CIty of Seal Beach unle~, the
Owner of ~ald busll1e\, flr,t obtain" and continues to maIntaIn In full force and
effect, both an Adult-Oriented Buslne" Perlmt and a busIne,s license from the
CIty of Seal Beach for ,uch bU\ll1c"
(b) Persons ElIgIble
The Owner of the proposed Adult-Oriented BusIne,s, as defined In thIs Chapter,
shall be the only person elIgible to obtall1 an Adult-Oriented BUSIness Perlmt
(c) ApplIcation Reqlllrement\
The followmg lI1formatlOn and Item, ,hall be submItted to the Llcen\e Collector
by the Owner at the tune of applYing for an Adult-Oriented Busmess Permit
(I) A completed Adult-Onented BU\lne,~ Perlmt applicatIOn form sIgned by
(I) the Owner ot the propo,ed Adult-Oriented BU,lne\" and (n) eIther the
record owner of the property (or the authorized agent of the record owner)
or, If the bU\lI1e,s premIse, are subIea~ed to the applicant busll1e~s, the
,ubles,or of the premises, certIfYIng under penalty of perJury that all of
the mformatlOn upon or submitted wIth the applicatIon I~ true and correct
to the be\t of hl\ or her InformatIOn and bclIef
(n) A non-refundable depOSIt or proce\\lng fee In the amount \et by resolutIOn
of the CIty CounCIl
(m) A letter of Ju~tIficatIon, deSCribing the propo\ed bUSiness and explaining
how It wIll satIsfy the applicable reqUIrements set forth In SectIon IIE-5
of this Chapter
(IV) A sIte plan deMgnatmg the blllldmg and/or Unit proposed for the
Adult-Onented Bu~me~~ and a dimensional Interior floor plan depIctIng
how the bU,lness Will comply with all applicable reqmrements of this
Chapter
(v) All other informatIOn reqlllrcd by the Llcen~e Collector pursuant to the
Adult-Onented BUSiness Perin It InformalIon Sheet
D \WP~I\Rr1l.O\zrA94-1 II( R\I W\U7-J1-94
II
Ac/u/r-Ollenred Buune\\ Oldmancd
Zone TeAl Amendment 94-1
PlaunllIJ: Comml\\lon Rewlurwn 94-33
Jull' 20. 1994
(d) Approval or Demal of Perrmt
The LIcense Collector ,hall, within seven (7) CIlY bUSIness days of the filing of
a perrmt applIcation, examIne the applIcatIOn for completeness If the Llcen,e
Collector deems the applIcatIOn to be Incomplete, he or she shall ImmedIately
nOl1fy the applIcant In wrrtIng, and provIde a lIst of those Items reqlllred to be
subllntted If the LIcense Collector determIne\ the applicatIOn to be complete, he
or she ~hall, within twenty (20) CIty bU,lness days of the date the permIt
applIcatIOn IS determined to be complete, approve and Is~ue the Adult-Orrented
BusInes, PermIt If the reqlllrements of thl~ Chapter have been met, otherwIse the
Pernnt ,hall be del1led Notice of the approval or demal of the Perrmt ,hall be
given to the Owner In wrrtlng by first cla~, mall, postage prepaId, depoMted In
the eour,e of transmls,lon wIth the United States Postal ServIce wIthin three (3)
CIty bU~Ine\\ days of the date of >llch decISIon The tllnes set forth In this
sub,ecl1on shall not be extended except upon the written con,ent of the applIcant
The deel,lon of the Llcen~e Collector shall be final
SECTION IlE-5
STANDARDS FOR APPROVAL OF PERMIT
(a) RegulatlOns
The LIcense Collector ,hall approve and I"ue an Adult-Oriented BU~lness Perrmt
If the applIcatIOn and eVIdence subllnttcd show that the
(I) The Adult-Oriented BUSIness I, proposed to be located In a zone
perrmttIng the propo,ed u,e, provIded the premIses are located outsIde the
boundarle, of any redevelopment area e~tabll,hed by ordInance
(n) The Adult-Oriented BU,Ine~~ IS not proposcd to be located WIthIn four
hundred (400) feet of any resIdentIal zone or reSldenl1al use, whether such
re,ldentIal zone or use I, WIthIn or outsIde the corporate boundaries of the
City of Seal Beach
(m) The Adult-Onented BU,Iness IS not proposed to be located WIthIn one
thou,and (1,000) feet of any lot upon which there IS located any relIgIOUS
1n,11tul1on, publIc park, any public or private elementary, secondary,
mIddle, Jumor hIgh, or hIgh ,chool, whether ~uch use IS WIthIn or outside
the corporate boundarre~ of the Cay of Seal Beach
(IV) The Adult-Oriented Buslnes, I, not propo,ed to be located WIthIn one
thousand (1,000) feet of another Adult-Orrented BUSIness not located
WIthin the same prenmes and under the same ownership and control,
whethcr MICh other bU,lness I, WithIn or outsIde the corporate boundaries
of the City of Seal Beach
(v) For the purpo,e, of thIs sub\eetlOn, all dl,tanees shall be measured In a
straIght line, Without regard to II1lervemng ,truetures or obJects, from the
nearest pOint of the prenme, where ~ald Adult-Oriented BU,lness IS
conduc.led to the neare,t propelty line of any lot zoned or u,ed for
re\ldentlal u~e~ other than a re,ldentlal lot under re,olul1on of Intent to
any non-re,ldenlial zone, or to the neare~t property line of any lot upon
whIch I, located a religIOUS InstItutIOn, public park or school, or to the
neareM pOInt of the preml,e, of any other Adult-Oriented BusInes, The
word "premlse~," for purpose, of thIS SectIon, shall mean the blllldIng (If
D \WP'il\RUJ,O\ZlA94-II'( R\LW\U7-119~
12
Adlllt-Ollented BU.\lne.. O,dlnt/nu!
lime TeAl Anumdmenl 94-1
P/allmnN ConurU\\llm R~solutwn 94-33
July 20, 1994
the Adult-Onented BusIne~s occupIes the entIre bUIldIng), or separate
portIon of any bUIldIng, u,ed for a Adult-OrIented Business
(VI) Nothing In thIs Chapter shall prohIbIt the location of a Adult-OrIented
bU,lne" WithIn any retaIl shoppmg center In a commercial zone, proVIded
that the parcel of property upon which such retaIl shopping center IS
located exceeds three (3) acre~ 10 total ,Ize, and further proVIded that ,uch
busInesses Will have theIr only frontage upon enclo,ed mall, or In
locatIon, screened from direct view from parks, schools, churches or
reSIdentIally zoned property The dIstance lImItatIOns set forth In SectIons
ll-E5(a)(I), (u), and (Ill) of thIs Chapter ,hall not apply to Adult-OrIented
BU,lnesses so-located, proVIded that those buslne,ses comply With the
remaining provIsIons of thIs Chapter
(vu) The Adult-OrIented BusIne,s WIll not be located, In whole or In part,
Within any portable structure
(VIll) The Adult-Onented BU~lne~, WIll not conduct or sponsor any special
evenb, promotlon~, fe~tlvab, concerts or sumlar activItIes whIch would
IncrCd~e the demand for parking space, beyond the reqUIred number of
,paces for the bU~lne,~
(IX) The Adult-OrIented BU,lne" Will not conduct any ma~sage, acupuncture,
figure modelIng, tattoomg, aeupres,ure or e,wrt ,erVlces and Will not
allow ,ueh actIvitIes on the preml,es
(x) Any Adult-OrIented BU'lnes~ whIch allow~ cu~tomers to remain on the
prenme, whIle vIewing any lIve, fIlmed or recorded entertaInment, or
wll1le u~lng or con~umlng the product, or ,ervlces supplIed on the
premIses, ,hall conform to the follOWIng reqUIrements
(aa) At least one ~ecunty guard shall be on duty outsIde the premIses,
patrollIng the ground, and parking areas, at all tUlles whIle the buslne~~
IS open If the occupancy lumt of the premises IS greater than fifty (50)
pcr,on" an additIonal secunty guard shall be on duty InSIde the premIses
The secunty guard(s) ,hall be charged WIth preventIng vlolatlOn~ of law
and enforCing complIance by patrons WIth the reqUIrement> of thIS
Chapter, and notlfYlllg the Seal Beach PolIce Department of any VIOlations
of law ob~erved Any securIty guard reqUIred by thlS subparagraph shall
be umformed III ,ueh manner so a~ to be rCddlly IdentIfiable as a ,ecUrIty
guard by the publIc and ,hall be duly lIeen,ed a~ a ~ecurIty guard as
reqUIred by applIcable provI~lon, of ,tate and/or local law No secUrIty
guard reqUIred pur~uant to thiS subparagraph ~hall act as a doorperson,
tIcket seller, tIcket taker, or admIttance person whIle acting a~ a secUrIty
guard hereunder
(bb) Land~caplng shall conform to the ,tandards establI~hed for the zone,
except that, If the Adult-OrIented BU,lne,s I, the sole u~e on a lot, no
plantmg ,hall exceed 30 mches In height, except trees WIth folIage not less
than ,IX (6) feet above the ground
(ec) The entIre extenor grounds, mcludlllg the parking lot, shall be
lIghted 10 accordance wIth standard, promulgated by the DIrector of
Development Servlce~
I) \WI)~I\RI..~OVI^CJ4-11J( R\I W\U7-11-Q4
13
Acllllt-Ollentn/ BU\lnen O,dln((nLel
lime Te>.l Amendml'nl 94-1
PIllnnlnK CcmUI'UHllm Re\cJlutlOn 94-33
July 20, 1994
(dd) The premIses within whIch the Adult-Oriented BusIness IS located
~hall provide ,uffielent ,ound-absorblng InsulatIOn so that nOIse generated
1n,lde SaId premIses shall not be audIble anywhere on any adjacent
property or public right-of-way or Within any other bUIldIng or other
'>eparate Unit WithIn the same blllldlng
(ee) No extenor door or wll1dow on the prenmes shall be propped or
kept open at any tUlle whIle the busIness IS open, and any exterior
Windows shall be covered WIth opaque covering at all tunes
(ff) Permanent bdrner, ,hdll be Installed and mamtalned to screen the
Il1tenor of the premlse~ from public view for each door used as an
entlance/exlt to the bu,me~s
(gg) Slgnage ,IMI1 conform to the ~tandard~ applicable to the zone except
that (I) ~uc.h ~Ign~ ~hall be IIlll1ted to the bU~lne,~ name and the ,treet
addre" and (u) the notice reqlllred by SectIOn II E-6(a) on the entrance
door to the preml,e,
(hh) Except a~ otherwl,e proVIded In tillS Chapter, the Adult-Oriented
Bu~me~~ ~hall comply WIth all City, county, ,tate, and federal bUIlding
and con~tructlon ~tanddrds fur the propo~ed u~e
(XI) Allll1door area, of the Adult-Onented BU~lne~~ WIthin which patron, are
permitted, exc.ept re,t roOlm, ,hall be open to view dt all tUlle,
(XU) Except as speclhcal1y plovlded 111 thiS Chapter, the Adult-Oriented
BU,ll1e" shall comply WIth the zOning, parkIng, ,Ignage, and development
and de~lgn ,tandards applicable to the zone In whIch the bU,lness I,
located
(XIII) No Adult-Oriented M,llerlal or Adult-Oriented Merchandl~e shall be
dl~played In ,uch manner a~ to be vI,lble from any locatIon other than
wHhll1 the preml,e, occupied by the Adult-Onented BU,lne,s
(XIV) No pcr,on under the age of 18 year> ,hall be permitted Within the
premises at any tUlle
(XV) The Adult-Oriented BU~lne~~ shall not operate or be open between the
hOlllS of 12 01 a m and 9 00 a m
(XVI) The Adult-Onented Buslne~~ ,hal1 proVide and maIntaIn separate rest room
1,1cllItles tor male p,ltron~ and employee, and female patron~ and
employee~ Male patron~ and el1lployee~ ,hall be prohibited from uSing
the re~t room(,) for fenMlc" ,md female patron, dnd employees shall be
plohlblted from u~mg the re,t room(~) lor males, except to carry out
dutle, of repaIr, maintenance and cleaning of the le,t room faCIlities The
reM room~ shall be free frum all Adult-Oriented Materials and
Adult-Oriented Melc.handl,e Re~t room, shall not contain televIsion
mOnitors or other motion picture or VIdeo proJectIon, recording or
reproductIOn eqlllpment The foregOing provI~lOn~ of thl, paragraph shall
not be applicable to an Adult-Oriented BUSiness whIch deals excIuMvely
WIth ~ale or rental of merehandl,e WhKh IS not u,ed or consumed on the
prem...e~, wch a, an Adult-Oriented Bookstore, and whIch doe~ not
plovlde re~t room faeIlltle, to It~ patrons or the general public
D \Wl';I\R['~0\71^1I4-11J( R\I W\1I7.)1 ~
14
.
Adull-Ollealed BUllae.. O,dlnanu!
Zone Texl A",,,nd,,,enl 94-1
Planning COllutusuon Resolutwn 94.33
July 20, 1994
(XVII) Except a, otherwIse reqUIred by law for Adult Motion PIcture Theaters,
and except as provrded m (I) subparagraph (hh) of paragraph (XIX) with
regard to Adult-Onented Motion PIcture Arcades, and (Il) subparagraph
(hh) of paragraph (xx) with regard to Adult-Onented Busme,ses provldmg
lIve entertainment, all area~ of the Adult-Onented Business accessIble to
patrons ~hall be 11Iulmnated at least to the extent of 20 foot-candle,
mlnllllally maintained and evenly dlstnbuted at ground level
(XVllI) "IndIvIdual Vlewmg Area" shall mean a vlewmg area designed for
occupancy by one per,on IndivIdual VIewing Areas of the
Adult-Onented Busme" ,hall be operated and main tamed WIthout any hole
or other openIng or mean, of direct commUnIcatIOn or vIsual or phYSIcal
acce~, between the Intenor space of two or more IndIvIdual Vlewmg
Area~
(XIX) The followmg additional regulatlOn~ ,hall pertain to Adult-Onented
MotIOn PIcture Arcades which provide more than one VIewing Area
(aa) Upon applIcatIOn for an Adult-Onented BU,lne" Permit, the
applIcatIOn shall be accompanIed by a dIagram of the premIses shOWing
a plan thereof ,peclfYll1g the locatIOn of one or more manager's stations,
the location of all overhead lIghting fixtures and de~lgnatlng any portIOn
of the preul1se, 111 which patron, will not be penmtted A manager',
~tatlon may not exceed tlmty-two (32) square feet of floor area With no
dllllenSlon greater than eight feet The diagram ,hall al,o designate the
place at which the Adult-Onented BU~lnes, Pennlt and CIty bU,lness
heen,e WIll be con,pleuou,ly po,ted A profe~Monally prepared dIagram
In the natUle of an engineer', or architect's bluepnnt shall not be reqUIred,
however, each dIagram shall be onented to the north or to some
deSIgnated Weet or obJect and ~hall be drawn to a deSIgnated scale WIth
marked dllllen~lons suffICIent to ,how the vanou, Internal dllnen,lon of all
area~ of the 1I1tenor of the premIse, to an accuracy of plus or minus SIX
(6) In(,he~ The License Collector shall waIve the foregOIng dIagram for
renewal applIcatIon, If the Owner adopts a diagram that was prevlOu,ly
submItted and cerllfies that the configuratIOn of the prenmes ha~ not been
altered Mnce It was prepared
(bb) The appheatlon shall be ,worn to be true and correct by the Owner
under penalty of perJury
(cc) No alteratIOn In the configuration or locatIon of a manager's
stallone,) may be made Without the pnor approval of the Llcen,e
Collector
(dd) It IS the duty of the Owncr(,) to Insure that at lea~t one (I) employee
I, on duty and ,Ituated at each manager's ~tatlon at all tllllesthat any
patron I~ pre~ent 1n,lde the preml,e,
(ee) The 1I1tenor of the premise, shall be configured In such a manner
that there I ~ an unob,trueted view from a manager's ,tatlOn of every area
of the premises to whl(,h any patron I~ permitted acce,s for any purpose
exdudlng re,t rooms If the prelm,es has two or more manager's stations
deSIgnated, then the 1I1tenor of the preml~e, ,hall be configured In such
a manner that thele IS an unob,trueted vIew of each area of the premtses
to whIch any patron IS penmtted acces, for any purpose, excluding rest
D \WI'''I\RL.c.,o\ZTA94-II~ R\LW\U7 11 94
15
Adulf-OIl~IIf~d BUHn~\~ Ou/rnanc.e/
Zone TeeM Amendment 94-1
P/(lnmnK CCJI1Il11l\\lOn R~\oluflOn 94-33
Julv 2/J, 1994
room" from at least one of the manager's statIons The view reqUired In
thIs subsectIon must be by dIrect line of sIght from the manager's statIon
(ft) It ,hall be the duty of the Owner(s) and It shall a\>? be the duty of
all employees pre,ent on the premIses to In,ure that the vIew area
,peclfied In subsectIon (ee) remains unob~trueted by any doors, walls,
persons, merchandIse, dIsplay racks or other matenals at all tllnes and to
Insure that no patron IS penmtted acce,s to any area of the premIses whIch
has been de~lgnated as an area In which patrons WIll not be penmtted In
the apphc.atlOn filed pursuant to ,ubparagraph (aa) of thiS paragraph
(gg) No IndiVIdual VIewIng Area may be OCCUpied by more than one
per,on at anyone tUlle
(hh) The premise, shall be eqUipped With overhead hghtIng fixture, of
>llffieICnt lIlten,lty to IllumInate every place to whIch patron, are penmtted
aeees~ WIth an IllUminatIOn of not Ie" than ten (100) foot candle a,
mea~ured at the floor level
(11) It ,hall be the duty of the Owner(,) and It shall also be the duty of all
employee, pre,ent on the prelm~es to Insure that the IllUminatIOn de,cnbed
above I, maintained at all limes that any patron I, present on the premlse~
(xx) The follOWing addItIonal regulatIons shall pertain to Adult-Onented
BU~Ine~~e~ providing hve entertall1ment deplctlllg SpecIfied AnatomIcal
Part, or II1volvlI1g SpeCifIed Sexual Aetlvltle,
(aa) No person ,hall perform hve entertainment for patrons of an
Adult-Onented BU~lI1e,s except upon a stage at lea~t eighteen (18) Inches
above the level ot the tloor whIch I~ ,eparated"by a dl,tance of at least SIX
(6) feet from the nearest area OCCUpied by patron" and no patron shall be
permItted wlthll1 SIX (6) feet of the stage whIle the ~tage IS OCCUpIed by an
entertall1er
(bb) The Adult-Onented BlISll1ess shall provide separate dre~~lng room
faClhtle~ for entertainer, whIch are exclll~lvely dedIcated to the
entertall1ers' u,e
(cc) The Adult-Onented BU~lness shall provide an entrance/exIt to the
prenllse, for entertall1er~ wllleh IS separate from the entrance/exit used by
patron~
(dd) The Adult-Onented BU,lness shall provIde acce,s for entertainers
between the stage and the dre"lI1g rooms whIch IS completely separated
from the patrons If such ~eparate access IS not phY'leally feasIble, the
Adult-Ollented BlI~lne" shall provIde a minImum three-foot WIde walk
al~le for entertaJner~ between the dre~~lng room area and the ~tage, WIth
a ralhng, fence or other barrier separating the patrons and the entertainers
capable ot (and which actually re,ults In) preventing any phYSIcal contact
between patron, and entertainer,
(ee) No entertall1er shall have phY~leal contact WIth any patron and no
patron ~hall have phYSIcal contact WIth any entertall1er whIle on the
preml~e~
D \WI";I\RJ:\O\7I A94-1II( R\LW'1I7-11-114
16
Ac/"lt-Onented B"uneH OlCltnanLel
Ztm~ T,xl Am~ntlm~nl 94-1
Plcmmn~ ComnuulOn RewlutlOn 94-3~
July 20, 1994
(ff) No walter, waltre~" entertamer or other person employed on the
premises shall VIolate the PlovlslOns of Sections 14-6 or 15-7 of the Code
of the City of Seal Beach whIle on the premIses
(gg) Fixed rall(,) at least thIrty (30) Inches m heIght ~hall be mamtalned
establi~hlng the separations between entertamer~ and patrons reqlllred by
thIs paragraph
(hh) The premises shall be eqlllpped With overhead lighting fixtures of
suffiCient intensIty to Illuminate every place to which patrons are penmtted
acce~~ With an IllUminatIOn of not les~ than twenty (20 0) foot candle a,
mea~ured at the floor level
(XXI) The foregOIng applicable reqlllrements of thiS subsection shall be deemed
condltlon\ of permIt approval, and faIlure to comply WIth each and all of
such reqlllrement, ,hall be grounds for revocation of the Adult-onented
Buslnes, Permit IS~Ued pursuant to thiS Chapter
(XXU) Submitting fal,e or ml~leadll1g information on the application shall
con~tltute grounds lor demal or revo(,atlon of the Adult-Onented BU,lness
Pen1l1 t
SECTION II E-6
MINORS AND INroXICATED PERSONS
(a) Minors and IntOXIcated Person~ Excluded
It shall be a ml,demeanor for any per,on under the age of eIghteen (18) years or
any obvlou,ly intoxIcated per~on to enter or remain on the prellllses of an Adult-
Onented BU~lne~~ at any tUlle. A sIgn gIVing notice of thl, proVIsion shall be
prominently po~ted at each entrance to the preml,e~ of the Adult-Onented
BU,lnes~
(b) Respon~lbllity for Excluding Mlnor\ and IntOXIcated Pcrsons
It shall be a Im~demeanor for any per,on haVing re,ponslbllity for the operatIOn
of an Adult-Onented BU'Ine~" to allow any person under the age of eIghteen (18)
year> to enter or remain on the premIses of the bUSiness, whether or not ,uch
person haVing responsibIlity for the operation of an Adult-Onented BU,lness ha~
knowledge that the per,on 1~ under the age of eIghteen (18) year~, or to allow any
obvlou,ly intoxIcated per,on to enter or remall1 on the prelmses of the bU~lness
For the purpo~e~ of tlm ~ectlOn, the holder of an Adult-Onented BUSiness PermIt,
when pre,cnt on the preml,e\, and the manager or other person(~) In charge of
the prcnmes, are per,on, haVing re,pon~lbllity for the operation of the bU,lness
SECTION IIE-7
PERMIT DURATION
An Adult-Onented Buslne" Permit shall be valid for a penod of one year from
the date of permit approval
SECTION II E-8
PERMIT RENEWAL
An Adult-Onented BU'lI1e,~ Penmt ~hall be renewed on a year-to-year ba~I~,
proVIded that the pen1l1ltee continues to meet the reqlllrement~ that the Adult-
Onented Bl1~lne~s be operated In compliance With all applicable provIsIOnS of thIS
Chapter, subJec.t to the provlslom of SectIOn II E-Il A request for PermIt
I) \WP51\R[M)\ZIA94-II'CR\I W\U7-ll-1J4
17
Adult-Ollenti'd BU\lneH Ouhnanc,el
Ztme TeJ.l Amentll/ll'nl 94-1
Planmng COnUl'UHlOn ResolutIOn 94.33
J Illy 20, 1994
renewal must be submitted to the LIcense Collector not later than 30 days pnor
to the eXpIratIOn of the prior penmt, and must be accompanied by an
Adult-Onented BU,lne,s Pernllt applIcatIOn, completed In full detaIl wIth current
InformatIon, and payment of the renewal proeessmg fee In the amount set by
re,olutlOn of the CIty CouncIl If the applIcatIOn conforms to the preVIOusly
approved applIcatIOn and the Adult-Onented Buslne,s has not changed, the permIt
~hall be renewed by the Llcen,e Collector for another year NotIce of such
renewal, or denial, ,hall be given, In wntmg, to the permIttee wIthIn twenty (20)
CIty busIness days folloWIng the date of receipt of the completed renewal
applIcatIon Any change or alteration In the locatIOn, nature or operatIOn of the
Adult-Oriented Business wIll reqUIre a new applIcatIOn to be processed In the
,ame manner as the onglnal applIcatIon
SECTION II E-9
PERM ITS NON-TRANSFERABLE
No Adult-Oriented BU~lne~~ PermIt ,hall be sold, tran~ferred, or a"lgned by any
PermIt holder, or by operatIOn of law, to any other per,on, group, partnershIp,
corporatIon or any other entIty, and any ~uch ~ale, transfer or assIgnment, or
attempted sale, transfer, or a~slgnment shall be deemed to constItute a voluntary
surrender of ,ueh Penmt, and such Permit shall be thereafter null and VOId An
Adult-Onented BU~Ine,~ Permit held by an IndIvidual In a corporation or
partnershIp IS ,ubJect to the same rules of tran~ferabllIty as eontamed above Any
change In the nature or compo,ltlOn of the Adult-Onented BusIness from one type
of Adult-Oriented BU'Ine~~ u,e to another type of Adult-Oriented BU~l11ess use
shall al~o render the PermIt null and VOId An Adult-Onented BU,Iness Permit
shall be valId only for the exact location ,peclfled In the PerImt
SECTION I J E-IO ENFORCEMENT AND REVOCATION
(a) The Permit holder shall allow officer, of the CIty of Seal Beach and their
authonzed repre,entatIve, to conduct unscheduled In,pectlons of the premIses of
the Adult-Onented BU,1I1e,s for the purpo,e of ensuring complIance WIth the law
at any tUlle the Adult-Onented Buslne~~ I~ open for bU~lness or IS occupIed
(b) The Lleen,e Collector shall revoke an Adult-Onented BU~Ine,\ PermIt when
(I) Any of the applIcable reqlllrement, contamed In SectIOn IIE-4 cea~es to
be complIed WIth,
(n) The applIcatIOn IS dIscovered to contaIn Incorrect, false or I111,lcadIng
InformatIOn,
(m) The permit holder IS convIcted of a felony or mIsdemeanor occurring
upon, or relatl11g to the prelm~e~ or lot upon whIch the Adult-Onented
Bu,me~, I, located which ofteme I, cla~\lfied by the State of CalIfornia
a~ an offen,e involVing ~exual Crime agaln,t chIldren, ,exual abu,e, rape,
dl~tnbutlon of ob,eene matenaI or material harmful to minors, prostItutIOn
or pandenng, Including, but not neces,anly lumted to the VIolatIOn of any
cnme requIrIng regl~tratIon under CalIfornia Penal Code SectIon 290, or
any VIOlation of Penal Code Sections 2434,261,261 5,264 1,266, 266a
through 266k, InclU,IVe, 267, 286, 286 5, 288, 288a, 311 through 311 10,
inclUSIve, 314, 315, 316 or 647,
(IV) On two or more occa,lon~ WIthIn a twelve (12) month penod, a per,on or
per~on~ ha~ (have) bccn convicted of a felony or mIsdemeanor for an
D \WP~]\RLbO\ZI^Q4-1 P< R\I W\tr7 11.q4
18
Adult-Onenti'd BU\lneH Oldmance/
Zone Text Ament/men! 94-1
Planllms: ComnuHlOn Rejo!utlon 94M33
July 2IJ. 1994
offense ,et forth In SectIon II E-IO(b)(lll) above as a re,ult of such
per~on', actIVity on the prcmlses or property on whIch the Adult-Onented
Business IS located, and the person or persons were employees,
contractors or agents of the Adult-Onented Busmess at the tlllle the
offenses were comnlltted,
(v) If the permit holder or an employee has knowmgly allowed, engaged-m,
or encouraged prostItutIon, or solIcItatIOn for prOStItutIOn, on the
premIses, or
(VI) The Adult-Onented BU~lne~~ ha~ been operated m vIolatIon of any of the
reqlllrement, of thl~ Chapter and, (I) If the vIOlatIOn IS of a eontmuous
nature, the BusIne,s continues to be operated In vIOlatIOn of such
provIsIOn for more than ten (10) days followmg the date wntten notice of
such violatIon I, mallcd or delIvered to the Owner, or (11) If the vIolatIon
I, of a noncontInUOU~ nature, two (2) or more addItIonal vlOlatlOn~ of the
~ame plovmon, or four (4) or more VIolatIOns of any other of the
provI,lon~, of tlm Chapter occur (regardle" of whether notIce of each
individual vIOlatIOn I~ given to Owner) wIthin any twelve (12) month
penod
(c) Upon determinIng that grounds for pernllt revocatIon eXI~t, the Llcen~e Collector
,hall funmh wntten notice of the propo,ed revocatIon to the penmt holder Such
notice ~hall ~ummanze the pnnclpal rea~ons for the propo~ed revocatIOn, shall
state that the pernllt holder may reque~t a heanng WithIn titteen (15) calendar
day, of the po,tmarked date on the notice, and ,hall be delIvered both by postIng
the notIce at the locatIOn of the Adult-Onented BU,lne,s and by sendmg the notice
by certIfied mall, po,tage prepmd, addre"ed to the PermIt holder as that name
and addre" appear on the PermIt Wlthm fIfteen (15) calendar days after the
later of the mailing or postmg of the notIce, the Penmt holder may ftle a request
for heanng With the City Clerk If the reque~t for a heanng IS fIled wlthm fifteen
(15) calendar days of the maIlIng or po~tlng of the notice referred to herem, the
Llcen~e Collector shall transmIt the reque,t to the City Manager, and the hearing
shall be provided as ~et forth In SectIon IIE-IO(d) of thiS Chapter
(d) Upon receIpt of a wntten request for a heanng, the CIty Manager or hIS or her
deSignee ~hall appoll1t an ullpartlal heanng officer ("Heanng Officer") to conduct
a hearing The Heanng Officer ~hall conduct a heanng wlthm forty-five (45)
calcndar days of the filIng of MICh request for a heanng by the pernut holder
NotIce of tUlle and place of the heanng shall be given to the permit holder by
per,onal ~ervlce or Via certifIed mall, po~tage prepaId, at least fIfteen (15)
calendar day, m advance of the date set for the public heanng At the heanng,
the penmt holder and the City shall be entitled to present relevant eVidence,
te,tIfy under oath and call wltnesse~ who ,hall te,tlfy under oath The Hearing
Officer ~hall not be bound by the ,tatutory rules of cVldenee In the heanng,
except that hearsay eVIdence may not be the sole ba~ls for the determinatIOn of
the Heanng Officer
(e) Wlthll1 ten (10) calendar day, after thc heanng, the Heanng Officer shall deCIde
whether the ground~ for revocatIOn eXI~t and shall submIt a wntten report to the
LIcense Collector Suth wntten report shall contain a bnef summary of the
eVidence comldered and ,hall ,tate findings, conclUSIOns and dIrectives to the
Lleen,e Collector regarding whcther the Permit I, to be revoked All such
report, shall be filed WIth the City Clerk and shall be publIc rec.ord, A copy of
,uch report shall be forwarded by certtlied mall, po~tage prepaId, to the permit
I> \WP'il\Rr..MJ\l.l A94MI l'llt\L\\'\lnMI \M~
19
Atlull-Ol/ented BUllnell Ordmanu!
Zone T~:A.t Amendment 94-1
PlallmnJ: CcmuruHlOn Rt'\(I/untm 94-33
July 20, 1994
holder on the day It IS filed wIth the City Clerk If the Hearing Officer
deterImne, that any grounds for rcvoeatlon eXIst, as provIded In SectIon lIE-
1O(b) 01 thIs Chapter, the LIcense Collector, based upon the report of the HearIng
Officer or, If no hearIng was requested by the permit holder, based upon the
report of the City staff, shall IImlledlately revoke the Adult-OrIented Buslne~s
Permit The deCISIOn of the Hearing Officer shall be appealable to the Planning
CommlS~lOn by the flhng of a wntten appeal WIth the Secretary to the PlannIng
CommISSIOn wlthll1 fifteen (15) calendar days follOWing the date of maIling of
such decISIon A tllllely fIled appeal ,hall vacate the decl~lon of the HearIng
Officer Any such appeal shall be a de novo publIc hearing held In the manner
and Within the tlllle lImItatIOns e,tablIshed for Appeals In subsectIons (c) and (d)
of this Section The deciSIOn of the PlannIng COlmlllsslOn upon appeal, or the
decl,lon of the Llcen,e Collector m the absence of a timely appeal, shall be final
and conclUSIve
(f) No applIcation for an Adult-Onented Buslne,s PerImt ,hall be accepted or
processed for any per,on, corporatIon, partner,hlp or member thereof, or any
other entity for which an Adult-Onented BU~lne,~ Penmt has been revoked wlthm
the preceding three (3) year penod
SECTION II E-II EXISTING NONCONFORMING USES
(a) Any Adult-Onented Bu~mess lawfully eXI~tmg on the effectIve date of this
Chapter which becomes a nonconforming u~e by rea,on of the adoptIon of thIs
Chapter ,hall cea~e operatIOn, or otherwl,e be brought Into full complIance WIth
the provI,lons of thl, Ch,lptcr, not later than eIther (I) January I, 1996, or (11) SIX
month, follOWing the date of WrItten notice a~ provided m ~ub~ectIon (b) below,
whichever I, later (the "amOrtIZatlOll penod"), unles~ ~ooner terminated for any
reasoll or voluntanly discontinued for a penod of ,IXty (60) consecutIve calendar
days or more, or unless an additIOnal extensIon of said amortIzatIon perIod IS
granted upon applIcatIon therefor fIled pursuant to sub,ectlOn (c) of this SectIon
No nonconformll1g use shall be Increa~ed, enlarged, extended or altered except
that the use, or any portion thereof, may be changed to a eonformmg use
(b) Any Adult-Onented BUSiness whIch become, a nonconformmg use by rea,on of
the adoption of thIs Chapter shall be notIfIed In WrIting of It, nonconforming
status by the LIcense Collector of the City of Seal Beach by certified nldll or
person,11 ,ervlec Such notKe ,hall be given within SIX (6) month~ followmg the
effectIve date of thIs Chapter 01, upon any later dl,eovery by the CIty of the
eXIstence of a nonconforIlnng Adult-Onented Buslnes~, WIthin a reasonable tIme
thereafter Such notice shall be given to the property owner of record upon
whIch ~uch bU~lne,~ IS located, the Owner of the busmes" and the holder of the
busme~~ IIcen,e for such bU~lne" (to the extent ,ueh partIes are dIfferent and are
IdentIhable and acces,lble) Such notIce ,hall aho IdentIfy the applIcable
amortlntlon penod as provided 111 sub~ectIon (a) above, and Include a copy of
thIS SectIOn 11 E-IO de~cnbmg the proce" for reque,tlng an exten,lOn of such
amortizatIOn perIod Failure of any per,on to actually receIve such notIce shall
not effect the valIdity of any procecd1l1gs pur~uant to thIS SectIon
(c) Any applIcatIon tor an exten,lOn of the amortizatIOn penod set forth In subsectIOn
(a) above mu,t be fIled by eIther the owner of the property upon whIch the
bus1l1e~s I~ located, the Owner of the bU'lne,~, or the holder of the busmess
.
lIcense for the bU,lness, not later than ,IXty calendar days followmg the date of
receIpt of the notIce from the Lleeme Collector specIfied In subsectIon (b) above,
whichever date I~ later Such applIcatIon shall be made 111 wntmg to the Llcen~e
D \Wr~I\Rc..~O\ZIAQ4-1 P< R\I w\m-I \.94
20
Adult-O"ellted BlIunt'~~ O,d,nanct'1
Zone T.", Amentlmenl 94-1
Plllnmn/: Ctlltum\\wn Re\olutwn 94-33
JI/ly 20. 1994
Collector, ,hallmclude all of the information required by subsection (d) below,
and ,hall be accompanied by the reqUIred apphcatlOn fee as estabhshed by
ordmance or resolution of the City CouncIl The amortizatIOn perIod specified
m subsection (c) above ,hall be final and conclUSIve for all purposes m the
absence of a tlll1ely filed exten~lon appheatlOn pursuant to thIs subsectIOn
(d) Not later than thirty (30) calcndar days after submIttal of an apphcatlOn to extend
the amortIzatIOn perIod, the LIcense Colleetor shall notify the appheant, m
WrIting, If the appheallon IS not complete and specify the reasons therefor A
complete apphcallon shall mclude (I) a WrItten reque>! for an extensIon of the
amortIzatIon perIod which speclfie, the addlUonal length of tlllle requested for
amortIzatIOn of the eXI\tlng u\e and the Ju,tlficatlOn therefor, mcludmg but not
nece~\arIly lll11lted to information relevant to the CrIterIa for such extensIon as
hsted m Mlbsecllon (f) below, (II) the ,Ignature of the apph(.ant cerllfymg under
penalty of perJury that all of the informatIOn upon or submItted wIth the
apphcatlon I, true and correct to the be\t of hI, or her Inlormatlon and behef, and
(111) the reqlllred apph(.atlon fee If the appheallon I, not complete, the LIcense
Collector shall specIfy In wrItmg tho,e pOrllOn\ whIch are Incomplete and ,hall
IdentIfy the manner by whIch It can be made complete If a wntten determinatIOn
t~ not provIded to the apphcant wlthm thIrty (30) calendar days after It IS
,ubnlltted, the apphcallon shall be deemed complete Upon receIpt of notIce that
the apphcatIon IS ll1complete, the appheant shall have thirty (30) calendar days to
submIt a revised apphcatlon or the required addlllonaI mformallon If the
apphcant fall~ to \ubmlt a revised apphcatlOn or the addlllonal mformatlOn
required by the nOllce of insufficiency pnor to the expIratIOn of ,ald thIrty (30)
day penod, the appheallon \hall be deemed withdrawn and the amortlzallon
penod ,peclfled In Section 11 E-II (a) above ~hall be final and conclUSIve for all
purpo,e\ If the apph(.ant ,ubmlt, a revI,ed apphcatlOn or the addlllonal requIred
mformatlon to the Llcen\e Collector Within saId tlllle perIod, the Llcen,e
Collector shall again revIew the \uffl(.lency of ,aJd appheatlOn Within the tlllle and
manncr set forth In thl, ,ubsectlOn
(e) WIthin thirty (30) calendar days followmg the receIpt of a completed appheatlon,
the LIcense Collector ,hall notIfy the CIty Manager and tran,mtt the appheatlOn
and fIle to the CIty Manager, who ,hall appoint a hearIng officer ("HearIng
Officer") wlthll1 ,even (7) calcndar days of such nOll(.e and tran\mlttal The
Hearing Officer \hall Within twenty (20) calendar day\ thereafter conduct a
hearIng upon ,ueh apph(.atlon NotIce of such hearIng ,hall be gIVen In wrItmg
to the owner of the property upon which the bU,lne\, 1\ located, the Owner of the
busmes" the holder of the bu~me.,., hcense for the bu~me", and the Llcen,e
Collector Such notIce shall be gIven by first class mall, po,tage prepaId, and
shall be depo~lted m the course of tran,mlSSlOn WIth the Umted States Postal
ServIce not less than ten (10) calendar days prIor to the date of the hearIng Such
notice shall ,peclfy the date, lime, place and \ubJect matter of the hearIng
(f) At the hearIng, the HearIng OffIcer ,hall receIve the eVIdence and te,lImony
regardll1g the CrIterIa \et forth In thl, ,ub~ectlon and shall determme whether the
bU,lne,s ha, been proVIded a rea~onabIe amortlzallon perIod commensurate WIth
the ll1ve~tment mvolved If the Hearing OffIcer determme, that the amorllzatlOn
perIod \pec.lflCd In ~ub,eellon (a) above IS not rea\onable, the HearIng Officer
shall pre,crIbe a rea,onable amortization perIod eommen,urate WIth the
Inve\tment In the bu~mes~ The CrItena to be u,ed by the Hearmg Officer m
makmg ~uch determinatIOn ,hall be a, follow,
D \WI''iI\RI..c"O\lI A94 11'4: 1m W\lI7-n-94
21
Alflllt-Oll~nt~d BIl.sIn~H O,dlnanc~1
Zone Texl Amendment 94-1
Planmng UmUlU\\Ian Rew[utwn 94-3~
July 20, 1994
(I) The Owner', fInancIal Inve,tment In the bU,lness pnor to the date of
notice pur~uant to ,ub,ectlOn (b) above
(n) The present actual and deprecIated value of the busIness Improvement,
(m) The applIcable Internal Revenue Service depreciatIon schedules for such
Improvement,
(IV) The remaining useful lIfe of the bU,Iness Improvements
(v) The extent to whIch the busIne~s falls to comply wtth all applIcable
reqUIrements of thIs Chapter
(VI) The extent, If any, to which the business has been brought Into
complIance wIth any of the applIcable reqUIrements of Chapter l1E-5
SInce the date of adoptIOn of thl~ Chapter and with whIch such busIness
prevIOusly failed to confOlm, includIng the cost Incurred for any such
Improvement\
(vn) The remaIning term of any lea\e or rental agreement under which the
buslne" 1\ operating
(vm) The date upon whIch the Owner first receIved notice of the nonconformIng
,tatus of the buslne~s pur\uant to SectIOn IIE-Il(b) above
(IX) Whether the busIness can be brought Into conformance wIth all applIcable
reqUIrements 01 this Chapter WIthout reqUlnng to be relocated, and the
cost of complYIng With such reqUIrement,
(x) Whether the bU,Iness mmt be dl,eontInued at the present locatIOn In order
to comply WIth the requlrement~ of thl, Chapter and, If ,uch relocatIon IS
reqUIred (I) the availabIlIty of relocatIon ,Ites, and (n) the CO\t of such
relocatIon
(XI) The abilIty of the Owner to change the bU,lne\, to a conformIng use
(g) WIthIn tifteen (15) calendar day, follOWing the date of the heanng (or any
extension of ,uch healing a\ approved by the applIc.ant), the Heanng Officer ,hall
mall by fir,t c1a\~ mall, po~tage prepaId, a wntten 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 bU'Ine,~, the holder of the buslne~\ hcense, and to
any other person who ha, theretofore made wntten reque~t to the Heanng Officer
for notIce of such decl,lOn SaId decI,lon ,hall Inc.lude wntten findings In ,upport
of hI, or her deternllnatlOn to grant or deny an exten,lon of the amortIzatIOn
penod Approval of any exten,lon of the amortIzatIOn penod ,peclfied In SectIOn
lIE-I I (a) may be condItioned upon pha,ed complIance With certaIn reqUIrements
of thIS Chapter by vanou, date\ Failure to comply With any such conditions or
reqUIrements of the extension WIthIn the tnlle IImlt(,) specifIed In the extensIOn
decisIOn shall be deemed an automatIC expiratIon of the amortIzatIOn penod
Without fUlther notice, hearings or Older" proVIded, however, In no event shall
such amortIzatIon penod expire pnor to the date set forth In ,ub,ectlOn (a) above
The decI,lon of the HearIng Officer ,hall be ba\ed upon the eVIdence pre,ented
at the hearing
D \WP'i1\RI..c,o\llA94-1 Pl R\LW\lI7-I1-114
22
Adult-01lmled BUI/n... O,clmanu!
Zone Texl A11U'ndmml 94-1
Planmnx Cmnnllulon Re\o/utlon 94-33
July 20. 1994
(h) The decisIon of the Heanng Officer may be appealed to the Planning CommiSSIon
by any person by the fihng of a WrItten notice of appeal wIth the Secretary to the
Planning Comnm,lOn not later than ten (10) calendar days followmg the date of
malhng of such decIsion by the Hearing Officer In the absence of a tImely filed
appeal, the deel,lon of the Hearing Officer shall be deemed final and conclusIve
(I) Upon the receipt of a tUlle1y 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 ,hall unmedlately transmIt the file of such proceedmgs to
the Secretary to the Planning ComnmslOn The Secretary to the Planning
Comlm"lon ,hall ~cheuule a hearing whIch shall be held by the Plannmg
ComnmslOn not later than thIrty (30) calcndar days follOWing the date of flhng
of the appeal Such hearIng shall be a de novo hearing and ,hall be conducted
m the same manner and wlthm the ~ame tIme hnllts a~ set forth m MlbsectlOn, (e)
through (h) above, except that the Planning Comnlls,lOn ,hall substItute for the
Heanng OffIcer The decl~lon of the Planning CommIssIOn upon any such appeal
shall be final and conduslve
(J) No Adult-OrIented BU~lne~~ whIch wa, rendered nonconforming by the adoptIOn
of tlm Chapter II E-ll shall continue to be operated In the CIty of Seal Beach
WIthout complYing With all of the proVISiOnS of 11m Chapter otherwl,e apphcable
to such Adult-Onented Business follOWing eXpIratIOn of the amortization perIod
set forth m SectIOn II E-II (a) above or any extensIOn thereof specIfically
approved for ~uch Adult-OrIented Busme" pursuant to thl~ SectIOn
(k) An Adult-OrIented Busme~, lawfully operat1l1g a, a eonforImng use IS not
rendered a non-conforming u,e ,olely by reason of the subsequent estabhshment
of a rehglOu~ In~tltutlon, pubhc or prIvate elementary, ,econdary, mIddle, JUnior
hIgh or hIgh ~chool, or park wlth1l1 one thousand (1,000) feet, or a resIdentIal
zone or a re,ldentlal u~e WIthin four hundred (400) feet, of the Adult-OrIented
BU,1I1e~~ Thl' provl~lOn apphe, only to the renewal of a vahd pcrmlt and/or
heen,e and does nol apply when an apphcatlon for a penmt and/or heen~e IS
,ubmltled after a pnor permit and/or hcen~e ha~ expued or has been revoked
SECTION 11 E-II VIOLATIONS - MISDEMEANOR
In addition to any other remedies provIded by law or ~et forth In thIS Chapter,
any VIOlatIon of the provI~lon, of thIS Chapter shall be a mIsdemeanor pUnl~hable
a~ set forth In SectIon 1-8 of tlm Code"
SECTION 2 BUSINESS RECORDS
The follOWing sentence I, hereby added to the end of SectIon 11-19 of the Code
of the City of Seal Beach
"Buslnesse~ whlc.h provIde produc.t" merchan(hse, ~ervlce~ or entertainment
characterIzed by an empha'l~ on matter deplc.tlng, deSCrIbing or relatmg to
SpeCIfied Sexual ACtlVltIC, or Specified AnatomIcal Part, ("adult" prod uc.t, ,
merehandl~e, ~ervlce~ or enteltamment) a, defined In thl~ Code are dlrec.ted to,
and shall comply With, the provI~lon, of Chapter lIE of thIS Code to the extent
applIcable"
I) \W1)"I\RI:<'()\L.IAQ4-II~R\1 W\lI7Ml'\-94
23
Alllllt-Ollentt'll BU\lneH OldlllanLel
ZeinI.' TeAt Amendment 94-1
Planmn/: ClJJlUIUHlOn Re\ollltwn 94-33
July 20, J 994
SECTION 3 ENTERTAINMENT CAPES
SectIon 11-49(a)(2) of the Code of the CIty of Seal Beach IS amended In ItS
entirety to read as follows
"2 Patrons, entertainers, propnetors, and employees of entertainment cafes
shall comport them,elves In accordance WIth the provlslon~ of Chapter 11 E of the
Code of the CIty of Seal Beach, where applIcable"
SECTION 4 ENTERTAINMENT CAPES
SectIon ll-49(a)(3) of the Code of the City of Seal Beach 1\ hereby deleted, and
subsectIons 4 through 9 are renumbered 3 through 8
SECTION 5 MASSAGE PARLORS
SubsectIon 12-7(d) I, heleby added to the Code of the CIty of Seal Beach, to read
as follows
"(d) No permit ,hall be I,SUed pursuant to thIs Chapter to any
per~on, bU,lne" or e\tablI\hment to whIch a Adult-Onented
BU,lne\s Permit ha\ been I"ued or IS requIred pursuant to Chapter
liE of tillS Codc, or to any Adult-Onented Business which eXIsts
as a legal nonconforming u,e 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 1\ hereby amended In ItS
entIrety to read a, follow,
"SectIOn 15-7 PUBLIC NUDITY -- PROHIBITED
(a) It ,hall be unlawful, and a nmdemeanor, for any per,on, whIle In any
publIc park, playground, publIc nght-of-way, or In any other publIc place
or publIc accommodatIOn, or In any place open to the publIc or obVIOusly
open to publIc view (With or Without payment of an admlsMon fee), to
knowingly and Intcntlon,lIly
(I) Expo,e hIs or her gemtals, pubIC haIr, natal cleft, perineum, anal regIon,
or pubIC hair region, or
(11) Expo,e any devIce, eoMume, or covenng whIch gIves the appearance of
or ,Imuldte, the gemtals, pubIC hair, natal cleft, penneum, anal region or
pubiC hair regIOn, or
(m) Expo~e the mpple~ and/or areolae of the fcmale brea~t, except a,
nece,\ary wlllle breaMfeedmg an Infant under two (2) years of age, or
(IV) Expose any devIce (commonly known a, a "pa\ty" or "pa,tle,") worn as
a cover over the nlpple~ and/or areolae of the female breast, whIch devIce
Simulate, and gIve, the reah,tIc appearance of mpples and/or areolae
D \WI''iI\RUO\L.IA'J4-1 It( R\LV.'\U7-I1-'J4
24
Adlllt~Ollentt'{1 BII\1nt'H O,Jlnlmc.el
Zone TeAt Amendment 94-1
Plllnmn~ elmrmlHIOII Re~olllfllm 94-33
lull' 20. 1994
(b) It shall be unlawful, and a misdemeanor, for any per,on to, In or upon any publIc
street, alley, or other publIc place, remove and/or change hI, 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
(1) Any chIld under ten (10) years of age, or
(11) Any acts prohIbIted, or the prohIbitIOn of whIch I, preempted, by any
provISIon of Slate law
(m) Any theater, concert hall, audltonum or sImilar e\tablIshment devoted to
theatncal performance~ The phrase "theater, concert hall, audItOrIum or
Mlmlar establIshment devoted to theatncal performances" shall mean a
bUilding, playhou,e, room, hall or other place haVIng fixed seats so
arranged that a body of spec.tators can have an unob,tructed view of the
stage upon wInch theatrical performances or sllmlar fonm of artIstic
expres~lon are pre\ented, and where ,uch performances are not InCIdental
to the promotIng of the sale of food, drink or other merchandl,e and for
whIch a city lIcense or permIt for a theater I~ In full force and effect
(IV) Any e\tablI~hment for which a valId Adult-Onented BU\Ine" PermIt IS In
full force and eftec.t "
SECTION 7 ZONING
New sub\ectIon (10) IS added to Sec.,tlOn 1400 of Chapter 28 of the Code of the
CIty of Seal Beach to read a, follow,
"Adult-Onented BusIne\se~, exc.ept a, provIded In paragraphs (a)(I)
through (a) (VI) of SectIon II E-5, and subJect to the other
proVISIOns of Chapter II E of thiS Code"
SECTION 8 ZONING
New subsectIOn (8) IS added to SectIOn 1500 of Chapter 28 of the Code of the
Clty of Seal Beach to read as follow\
"Adult-Onented BU~Ines,e" except a\ provided In paragraphs (a)(I)
through (a)(vI) of SectIOn IIE-5, and ,ubJect to the other
provmons of Chapter 11 E of thiS Code"
SECTION 9 ZONING
EXI\tlng ,ub~ectlOn, (8), (9), (10), (II), and (12) of SectIOn 1500 of Chapter 28
of the Code of the CIty of Seal Be.leh are hereby renumbered a~ sub,ectlon, (9) through (13),
respectl vel y .
D \WP'mRI..M>\.lIA94-11'l R\LW\ll7-n-Q4
25
,
A(lult-O'"~nt~d Buunt'\5 Ou/manul
Zone TeAt Amendment 94.]
PlmllllllK C01l11t11HlOn Re,w/ufwn 94-33
July 20, 1994
SECTION 10 SEVERABILITY
The CIty CouncIl of the City of Seal Beach hereby declares that should any
sectIOn, paragraph, ,entence or word of thIs ordinance of the Code, hereby adopted, be declared
for any reason to be mvahd, It IS the Intent of the CouncIl that It would have passed all other
portIons of thIS ordinance mdependent of the ehmlnatlon herefrom of any such portion as may
be declared mvahd
SECTION II PENALTY
It shall be unlawful for any per,on, firm or corporation to VIolate any provIsIon
or to faIl to comply With any of the reqll1rement, of thIS ordmanee Any person, firm or
corporation vlOlatmg any provl\IOn of thiS ordinance or falhng to wmply wIth any of ItS
reqll1rements shall be deemed gllllty of a mIsdemeanor and upon conviction thereof ,hall be
pUnIshed by a fine not exeeedmg One Thou\and Dollars ($1,000 00) or by Imprisonment not
exceeding ,IX (6) months, or by both \uch fine and 11llpnSOnment Each such person, fJr/ll or
corporatIon shall be deemed gllllty ot a ,eparate offen,e for each day during any portIOn of
whIch any VIOlatIOn of any of the provIsIons of thl, ordinance IS commItted, contmued or
permItted by such per~on, firm or corporation, and shall be pUnishable therefor a~ provIded for
m thIS ordmance
PASSED, APPROVED AND ADOPTED by the CIty CouncIl of the CIty of Seal Beach
at a meetmg thereof held on the day of , 1994, by the
followmg vote
AYES
Councllmember\
NOES
COlmcII member\
ABSENT
Council members
ABSTAIN
Council member,
MA YOR
A TrEST
CITY CLERK
D \W]"i1\RJ:"O\L.I^94-II't R\I W\(f/ 1"\-94
26
,JP...
Adull-Onml~d BUiJIn'" Ordlnancd
Zone T cu.1 Amt'ndl1U'nf 94- J
Planning Conurul\lon RewlullOn 94-33
July 20, 1994
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M Yeo, City Clerk of the City of Seal Beach, CalIfornia, do hereby certify that the
foregoing Ordinance IS an onglnal copy of Ordinance Number on file In the office
of the CIty Clerk, Introduced at a meeting held on the day of ,
1994, and passed, approved and adopted by the CIty CouncIl of the CIty of Seal Beach at a
meeting held on the day of , 1994 by the following vote
AYES
Councllmember\
NOES
Councllmember~
ABSENT
Councllmember,
ABSTAIN
Counc.11 member,
and do hereby further certIfy that Ordinance Number
the Seal Beach CIty Charter and ResolutIOn Number 2836
has been publIshed pursuant to
U \WP'ljJ\Ro,o\ZTACJ4 11'<. R\L\\\tr7.I1-Q4
27