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Ordinance No. 1094
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTERS 5 AND 26 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY ADDING ARTICLE VI TO CHAPTER 5 AND ARTICLE VI TO CHAPTER 26 RELATING TO ADULT OR SEXUALLY ORIENTED BUSINESSES OR SIMILAR BUSINESSES WITHIN THE CITY, TERMINATING THE MORATORIUM IMPOSED BY ORDINANCE NO. 1091, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES,IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, it is within the City's police power to regulate the use of buildings, structures, and land as between industry, business, and residences; and WHEREAS, all cities in the State of California have been granted the power from the State Legislature, pursuant to the Planning and Zoning Law contained in Government Code Section 65000, et seq., to regulate zoning and land use within their jurisdictions; and WHEREAS, it is also within the City's power to classify, exclude, restrict and limit what a landowner may do with his or her property, subject to appropriate constitutional constraints; and WHEREAS, the City Council of the City of Vernon (the "City Council"), by adoption of Ordinance No. 982 on April 18, 1989 and Ordinance No. 973 on May 2, 1989, enacted the Comprehensive Zoning Ordinance, which is codified as Chapter 26 of the Vernon City Code (the "Code"); and t [ f M M. 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City's current zoning ordinance does not address the establishment of Adult or Sexually Oriented Businesses in City; and WHEREAS, pursuant to Government Code Section,65858, the Legislature has established ,a process whereby a public agency may impose a moratorium on the issuance of permits on a land use that the agency is considering or studying or intends to study in order to protect the public safety, health or welfare; and WHEREAS, the City Council, by adoption of Ordinance No. 1091 on February 5, 2003, established a moratorium which prohibited the acceptance of applications for, or the issuance of, permits for any conditional use permits, building permits, occupancy permits, business licenses, or any other permit required under the Code for any Adult Oriented Businesses; and WHEREAS, the City Council, by adoption of Ordinance No. 1092 on March 19, 2003, extended the duration of the moratorium through and. including February 3, 2004; and WHEREAS, the purpose of the moratorium was to enable the City'' to study applicable planning and zoning alternatives and the constitutionally permissible and appropriate time, place and manner regulations that may be imposed on Adult or Sexually Oriented Businesses in the City and to study the consequences of Adult or Sexually Oriented Businesses on public safety and the aesthetic harm; land WHEREAS, the City Staff has conducted research on zoning alternatives and regulations that may be imposed on Adult or Sexually Oriented Businesses and identified several studies on these issues, as well as, the secondary effects associated with Adult or Sexually Oriented Businesses; and - 2 - f f 2 M. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council takes legislative notice of the existence and content of the following studies concerning the adverse side effects of Adult or Sexually Oriented Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978); Cleveland, Ohio (1977); and, Los Angeles, California (1977); and WHEREAS, the City Council finds that these studies are relevant to the problems addressed by the City in enacting this Ordinance to regulate the adverse secondary side effects of Adult or Sexually Oriented Businesses, and more specifically finds that these studies provide convincing evidence on the effects of Adult or Sexually Oriented Businesses; and WHEREAS, Adult or Sexually Oriented Businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas; and WHEREAS, the proximity and concentration of Adult or Sexually Oriented Businesses tends to result in blight and deterioration of area in which they are located and can have adverse effects on local businesses and residences; and WHEREAS, the proximity and concentration of Adult or Sexually Oriented Businesses adjacent to residential, recreational, religious, educational uses, as well as proximity to bars, taverns, pool halls, liquor stores and other Adult or Sexually Oriented Business uses can have adverse secondary effects on local businesses and residences; and WHEREAS, there is substantial evidence that an increase in - 3 - 1 crime tends to accompany, concentrate around, and be aggravated by 2 Adult or Sexually Oriented Businesses, including but not limited to an 3 increase in the crimes of narcotics distribution and use, prostitution, 4 pandering, and violence against persons and property; and 5 WHEREAS, the studies prepared on Adult or Sexually Oriented 6 Businesses from across the country establish convincing evidence that 7 Adult or Sexually Oriented Businesses which are not regulated as to 8 permissible locations often have a deleterious effect on nearby 9 businesses in residential areas, causing, among other adverse secondary 10 effects, an increase in crime and a decrease in property values; and 11 WHEREAS, the United States Supreme Court has recognized that 12 adverse secondary effects are associated with the establishment of 13 Adult or Sexually Oriented Businesses and has stated, "[m]unicipal 14 governments know that high concentrations of adult businesses can 15 damage the value and integrity of a neighborhood." City of Los Angeles 16 v. Alameda Books, Inc. (2002) 535 U.S. 425; and 17 WHEREAS, the absence of any constitutional regulations on the 18 establishment of Adult or Sexually Oriented Businesses could result in 19 a proliferation of such businesses in commercial districts and 20 residential areas; and 21 WHEREAS, the presence of Adult or Sexually Oriented 22 Businesses in inappropriate areas can pose a threat to the public 23 safety, diminish propertyvalues and otherwise detrimentally affect the 24 quality of life; and 25 WHEREAS, based on the foregoing, the City Council finds and 26 determines that special regulation of Adult or Sexually Oriented 27 Businesses is necessary to ensure that the adverse secondary side 28 effects of such businesses will not contribute to an increase in crime - 4 3 1 rates or to the blighting or deterioration of the areas in which they 2 are located or the surrounding areas; and 3 WHEREAS, the need for such special regulations is based upon 4 the recognition that Adult or Sexually Oriented Businesses have serious 5 objectionable operational characteristics, particularly when several of 6 them are concentrated under certain circumstances or located in direct 7 proximity to sensitive uses such as residences, parks, schools, 8 churches, bars, taverns, pool halls or liquor stores, thereby having a 9 deleterious effect upon the adjacent areas; and 10 WHEREAS, it is the purpose and intent of these special 11 regulations to prevent the concentration of Adult or Sexually Oriented 12 Businesses and thereby prevent such adverse secondary side effects; and 13 WHEREAS, the requirements pertaining to location, established 14 by this Ordinance, do not unreasonably restrict the establishment or 15 operation of constitutionally protected Adult Oriented Businesses in the 16 City, and a sufficient reasonable number of appropriate locations for 17 Adult Oriented Businesses are provided by this Ordinance; and 18 WHEREAS, in developing this Ordinance, the City Council has 19 been mindful of legal principles relating to regulation of Adult or 20 Sexually Oriented Businesses and does not intend to suppress or infringe 21 upon any expressive activities protected by the First Amendments of the 22 United States and California Constitutions, but instead desires to enact 23 reasonable time, place, and manner regulations that address the adverse 24 secondary effects of Adult or Sexually Oriented Businesses; and 25 WHEREAS, the City Council also finds that criteria based on 26 location alone does not adequately protect the health, safety, and 27 general welfare of its citizenry, the general public and the community, 28 and thus certain requirements with respect to the ownership and 6 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 operation of Adult or Sexually Oriented Businesses are in the public interest; and WHEREAS, in addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Kev, Inc. v. Kitsap County (1986) 793 F.2d 1053, regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems; and WHEREAS, the City Council has considered decisions of the United States Supreme Court regarding local regulation of Adult or Sexually Oriented Businesses, including but not limited to: City of Los Angeles v. Alameda Books, Inc. (2002) 535 U.S. 425; City of Erie v. PAP'S A.M. dba "Kandyland" (2000) 146 L.Ed. 2d 265; Barnes v. Glenn Theater (1991) 501 U.S. 560; FW/PBS, Inc. v. Dallas (1990) 493 U.S. 215 Renton v. Playtime Theaters (1986) 475 U.S. 41 (reh. denied 475 U.S. 1132); Young v. American Mini Theaters, Inc. (1976) 427 U.S. 50 (reh. denied 429 U.S. 873); United States Court of Appeals 9th Circuit decisions, including but not limited to: Colacurcio v. City of Kent (9th! Cir. 1998) 163 F.3d 545, cert. denied (2000); Crawford v. Lungren (9th Cir. 1996) 96 F. 3d 380, cert. denied 520 U.S. 1117 (1997); Topanga Press, et al. v. City of Los Angeles (1993) 989 F.2d 1524; BSA, Inca v. King County (9th Cir. 1986) 804 F.2d 1104; Kev, Inc. v. Kitsap County (9th Cir. 1986) 793 F.2d 1053; several California cases including but not limited to: Lim v. City of Long Beach (C.D. Cal. 1998) 12 F. Supp. 2d 1050; Tily B. v. City of Newport Beach (1998) 69 Cal. App. 4th 1; Berry v. City of Santa Barbara (1995) 40 Cal. App. 4th 1075; City of National City v. Wiener (1993) 3 Cal. 4th 832; People v. Superior Court (Lucero) - 6 - 1 2 3 4 5 6 7 M 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 (1989) 49 Cal. 3d 14; and City of Vallejo v. Adult Books, et al. (1985) 167 Cal. App. 3d 1169; and other federal cases including Worldwide Video v. Spokane (2002) 227 F. Supp. 2d 1143; Lady J. Lingerie, Inc. v. City of Jacksonville (11th Cir. 1999) 176 F.3d 1358; DiMa Corp. v. Town of Hallie (7th Cir. 1999) 185 F.3d 823, cert. denied, 529 U.S. 1067 (2000); N.W. Enterprises, Inc. v. City of Houston (S.D. Tex. 1998) 27 F. Supp. 2d 754; Hart Book Stores, Inca v. Edmisten (4th Cir. 1979) 612 F.2d 821; Lady J. Lingerie, Inc. v. City of Jacksonville (M.D. Fla. 1997) 973 F. Supp. 1428; Tee & Bee v. City of West Allis (E.D. Wisc. 1996) 936 F. Supp. 1479; Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248; City of Colorado Springs v. 2354 Inc. (1995) 896 P. 2d 272; DLS, Inc. V. City of Chattanooga (E.D. Tenn. 1995) 894 F. Supp. 1140; Mitchell v. Commission on Adult Entertainment (3rd Cir. 1993) 10 F.3d 123; Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255; International Eateries v. Broward County (llth Cir. 1991) 941 F.2d 1157 and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 ,F.2d 1074; and cases from other jurisdictions including Parker v. Whitfield County (1996) 463 S.E. 2d 116; Ino Ino v. City of Bellevue (1997) 132 Wash. 2d 103; and WHEREAS, the City Council finds the following, in part, based upon its understanding of the documents and judicial decisions in the public record: (1) Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in Adult or Sexually Oriented Businesses (collectively referred to as "Performers") have been found to engage in sexual activities with patrons of Adult or Sexually Oriented Businesses on the site of the Adult or Sexually - 7 - ,! M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10riented Business; (2) Evidence has demonstrated that Performers employed by Adult or Sexually Oriented Businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows and acts; (3) Evidence indicates that Performers at Adult or Sexually Oriented Businesses have been found to engage in acts of prostitution with patrons of the establishment; (4) Evidence indicates that fully enclosed booths, individual' viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity; (5) The practice of individuals having anonymous and/or unprotected sexual relations in individual viewing areas or other areas of Adult or Sexually Oriented Businesses can facilitate the transmission of the AIDS and Hepatitis B viruses as well as other sexually transmitted diseases; (6) Poorly lit or unlit areas of Adult or Sexually Oriented Businesses provide a location for people to engage in illegal sexual activities; (7) Police agencies have determined that some Adult or Sexually Oriented Businesses and the operators thereof have been found to be directly engaged in (as well as aid and abet) criminal and illegal sexual activity. Such individuals also have been known to use aliases; (8) Adult or Sexually Oriented Businesses generate excessive noise and disorderly conduct, particularly during the early morning hours, which creates an adverse noise and public safety impact on surrounding businesses and communities; - 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ME 19 20 21 22 23 24 25 26 27 28 (9) Nude dancing and other similar conduct provided at Adult or Sexually Oriented Businesses encourage prostitution, increase the frequency of sexual assaults, attracts or encourages other related criminal activity, increases the public health and safety risks associated with Adult or Sexually Oriented Businesses, and otherwise causes or contributes significantly to the adverse impacts and secondary effects of Adult or Sexually Oriented Businesses on the areas in which such Adult or Sexually Oriented Businesses are located; (10) Adult or Sexually Oriented Businesses that provide nude dancing and other similar conduct often encourage or allow sexual activities and prostitution, among other things, place employees and patrons of such businesses at risk to exposure and contraction of sexually transmitted diseases, including specifically, but without limitation, the HIV virus, AIDS, Hepatitis B virus, and venereal diseases; (11) Evidence indicates that illegal drugs are sold and used on the premises of Adult or Sexually Oriented Businesses; (12) Adult or Sexually Oriented Businesses have been found to regularly attempt to violate the operational requirements imposed upon them for the purpose of reducing the pernicious secondary effects such businesses cause. For this reason, frequent unannounced inspections of such businesses are necessary to ensure compliance with these operational requirements; (13) Evidence indicates that complaints of public drunkenness are more frequent in areas around Adult or Sexually Oriented Businesses which are in close proximity to bars, taverns, and other establishments which sell alcoholic beverages, and disorderly conduct and crime are likely to occur when patrons of Adult or Sexually Oriented Businesses - 9 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mve MM fare under the influence of alcohol; (14) Evidence indicates that Adult or Sexually Oriented Businesses which permit performers to publicly expose genitals, buttocks, and/or female breasts or perform lap dances experience greater amounts of crime and disorderly conduct on and around the premises of the•Adult or Sexually Oriented Business, a greater amount of police activity on and around the premises of the Adult or Sexually Oriented Business, a high degree of illegal physical conduct on the premises of the Adult or Sexually Oriented Business, and cause or contribute significantly to the adverse impact and secondary effects on the area surrounding Adult or Sexually Oriented Businesses; WHEREAS, as a result of the above, and the increase in incidents of AIDS and Hepatitis B, which are both sexually transmitted diseases, the City has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts at Adult or Sexually Oriented Businesses; and WHEREAS, zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in thecommunityand to help assure that all operators of Adult or Sexually Oriented Businesses comply with reasonable regulations and are located in places that minimize the adverse secondary effects which naturally accompany the operation of such businesses; and WHEREAS, the City Council recognizes the possible harmful effects on children and minors exposed to the effects of such Adult or Sexually Oriented Businesses and the need and desire of children and minors to stay away from and avoid such businesses, which causes =91M as a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses; and WHEREAS, the City Council desires to minimize and control the adverse secondary side effects associated with the operation of Adult or Sexually Oriented Businesses and thereby: (1) protect the health, safety, and welfare of the general public and persons in the community, (2) protect the general public and persons in the community from increased crime, (3) preserve the quality of life, (4) preserve property values and the character of surrounding neighborhoods and businesses, (5) deter the spread of urban blight, and (6) protect against the threat to health from the spread of communicable and sexually transmitted diseases; and WHEREAS, nothing in this Ordinance is intended to regulate in any area preempted by California law, including but not limited to, regulation of obscene speech, nor is it the intent of this Ordinance to preempt regulations of the State Alcoholic Beverage Control; and WHEREAS, it is not the intent of the City Council in enacting this Ordinance, or any provision thereof, to condone or legitimize the distribution of obscene material, and the City recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the City; and WHEREAS, nothing in this Ordinance is intended to authorize, or to legalize, or permit the establishment, operation, or maintenance of any business, building, or use that violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof, and the City 2 3 4 5 6 7 8 OCI 10 11 12 13 NXI! 15 16 17 18 19 20 21 22 23 24 25 26 27 P.I:I expects and encourages law enforcement officials to enforce statutes against such illegal activities in the City; and WHEREAS, in prohibiting public nudity in Adult or Sexually Oriented Businesses, the City Council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity; and WHEREAS, the City Council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition on public nudity; and WHEREAS, while the City Council desires to protect the rights conferred by the United States Constitution to Adult or Sexually Oriented Businesses, it does 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 which the aforementioned studies have shown to be associated with the development and operation of Adult or Sexually Oriented Businesses; and WHEREAS, the City declares that some of the restrictions imposed pursuant to this Ordinance are part of a regulatory licensing process; and WHEREAS, the City adopts some of these limitations only as a condition of issuance and maintenance of an Adult or Sexually Oriented Business permit issued pursuant to the City Code; and WHEREAS, the City Council finds that preventing the direct exchange of money between performers and patrons also reduces the likelihood of drug and sex transactions occurring in Adult or Sexually Oriented Businesses; and - 12 - 2 3 4 5 6 7 M. M 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, requiring physical separations between performers and patrons and prohibiting physical contact between performers and patrons of Adult or Sexually Oriented Businesses reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the Adult or Sexually Oriented Business, and is likely to reduce the opportunities for illegal sexual activity and illegal drug transactions to occur between performers and patrons, and is likely to reduce the opportunity for illegal sexual activity to occur at the Adult or Sexually Oriented Business; and WHEREAS, prohibiting public nudity in Adult or Sexually Oriented Businesses or performers from publicly exposing genitals and/or female breasts will reduce the recognized secondary effects caused by such public nudity in Adult or Sexually Oriented Businesses; and WHEREAS, enclosed or concealed booths and dimly -lit areas within Adult or Sexually Oriented Businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease; and WHEREAS, requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within Adult or Sexually Oriented Businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel; and WHEREAS, requiring, during operating hours, the presence of a security guard at Adult or Sexually Oriented Businesses providing live entertainment is likely to reduce the disorderly conduct and illegal activity that occurs at such Adult or Sexually Oriented Businesses; and WHEREAS, requiring Adult or Sexually Oriented Businesses to be - 13 - A lid 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PXV on closed between midnight and 8:00 a.m. promotes the reduction of deleterious secondary effects from Adult or Sexually Oriented Businesses, is likely to reduce the early -morning criminal activity occurring at and near Adult or Sexually Oriented Businesses and is likely to eliminate the existence of excessive noise and disorderly conduct in and around the community in the early hours of the morning; land WHEREAS, the consumption of alcoholic beverages on or near the premises of Adult or Sexually Oriented Businesses exacerbates the deleterious secondary effects of such businesses on the community; and WHEREAS, the City Council finds and determines that it is in the interest of the public health, safety and welfare to implement the recommendations of the Director of Community Services and Water, as set forth in this Ordinance; and WHEREAS, the Community Services and Water Department (1) has performed an Initial Study to determine the potential adverse impacts on the environment that the amendments to the Comprehensive Zoning Ordinance proposed by this Ordinance may cause, (2) has determined that the proposed amendments will not have a significant effect on the environment, and (3) has recommended that a Negative Declaration be adopted in compliance with the California Environmental Quality Act; and WHEREAS, in accordance with Section 711.4(c) of the Fish and Game Code, no evidence has been found that the amendments proposed by this Ordinance will have the potential for adverse effects on wild life resources, and this Ordinance is therefore exempt from the fees otherwise payable under Section 711.4; and WHEREAS, on May 7, 2003, the City Council held a duly - 14 t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 noticed public hearing on the adoption of this Ordinance; and THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: AMENDMENT OF CODE. The City Council of the City of Vernon hereby amends the Vernon City Code by adding Article VI, Zoning Regulations for Adult or Sexually Oriented Businesses or Similar Businesses, to Chapter 26, Zoning, of the Vernon City Code, as set forth in Exhibit "A" which is attached hereto and made a part hereof by preference. SECTION 3: AMENDMENT OF CODE. The City Council of the City of Vernon hereby amends the Vernon City Code by adding Article VI, Business Permit Regulations for Adult or Sexually Oriented Businesses or Similar Businesses, to Chapter 5, Business License Taxes and Other City Taxes, of the Vernon City Code, as set forth in Exhibit "B" which is attached hereto and made _a part hereof by reference. SECTION 4: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING. The City Council of the City of Vernon finds that this Ordinance is enacted in order to mitigate the threat posed to the public peace, health, or safety by Adult or Sexually Oriented Businesses. In this regard, the findings adopted in Section l of this Ordinance are incorporated herein by reference. This Ordinance, for the first time, provides for zoning regulations that are specifically applicable to Adult or Sexually Oriented Business uses. Such uses are not specifically allowed under the City's existing zoning regulations. Nevertheless, it can be seen from the Initial Study prepared by the Community Services and Water Department that there is no possibility - 15 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that this Ordinance may have a significant adverse effect on the environment, and therefore a Negative Declaration will be adopted. SECTION 5: The City Council of the City of Vernon hereby finds on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the amendments proposed by this Ordinance will have a significant effect on the environment individually or cumulatively, and that the Negative Declaration reflects the City of Vernon City Council's independent judgment and analysis, and on the basis of said findings the City Council hereby approves and adopts the Negative Declaration for the project. SECTION 6: Pursuant to Section 711.4(c) of the Fish and Game Code, the City of Vernon City Council has found no evidence that the proposed amendments will have the potential for adverse effects on wildlife resources, and the project is therefore exempt from the fees otherwise payable under Section 711.4. SECTION 7: EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. SECTION 8: The moratorium imposed by Ordinance No. 1091, as extended by Ordinance No. 1092, is hereby terminated. SECTION 9: POSTING. There being no newspaper printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this Ordinance and shall post the same, or cause the same to be posted, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast - 16 - 1 2 3 4 5 6 7 8!, 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City, located at 4305 Santa Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 10: SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this Ordinance or any part thereof is for any reason held to be void or unconstitutional or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof; it being the intention of the City Council of the City of Vernon to have passed and adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases thereof may be declared to be unconstitutional or invalid or ineffective. SECTION 11: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. APPROVED AND ADOPTED this 21st day of May, 2003. ATTEST: BRUCE V. MALKENHORST, City Clerk EONIS C. MAL%TRG, Ma or - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1094, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Wednesday, May 7, 2003, and thereafter finally adopted at a regular meeting of the City Council held on Wednesday May 21, 2003, and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: (SEAL) AYES: Councilmen:Malburg, Ybarra, Gonz&les, and Davis NOES: Councilmen:None ABSENT: Councilmen:McCormick v BRUCE V. MALKENHORST_, City C erk 1 - 18 - EXHIBIT "A" Chapter 26 ARTICLE VI. ZONING REGULATIONS FOR ADULT OR SEXUALLY ORIENTED BUSINESSES OR SIMILAR BUSINESSES Sec. 26.6.1. Purpose. It is the intent of this article to prevent community wide adverse economic impacts, increased crime, increased incidence of communicable disease, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of Adult or Sexually Oriented Businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches and residentially zoned districts or uses or to establishments selling alcoholic beverages such as bars and taverns. The City Council finds that it has been demonstrated in various communities that the concentration of Adult or Sexually Oriented Businesses causes an increase in the number of transients in the area, an increase in crime, and in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the concentration of Adult or Sexually Oriented Businesses or their close proximity to incompatible uses, while permitting the location of Adult or Sexually Oriented Businesses in certain areas. Sec. 26.6.2. Definitions. a. As used herein, the terms and phrases shall have the same meaning as defined in Chapter 5, Article VI, Section 5.81 et seq. of this Code.. b. "Establishment" of an Adult or Sexually Oriented Business. As used herein, to "establish" an Adult or Sexually Oriented Business shall mean and include any of the following: (1) The opening or commencement of any Adult or Sexually Oriented Business as a new business; (2) The conversion or expansion of an existing business, whether or not an Adult or Sexually Oriented Business, to any Adult or Sexually Oriented Business; (3) The addition to or expansion of any existing Adult or Sexually Oriented Business; or (4) The relocation of any such Adult or Sexually' Oriented Business. Sec. 26.6.3. Location requirements. The establishment of any Adult or Sexually Oriented Business shall be considered a commercial use and shall be permitted only in those particular areas specified for commercial use, and shall be subject to the following additional restrictions. No Adult or Sexually Oriented Business shall be established, located or operated within certain distances of certain specified land uses as set forth below: (a) No such business shall be established on a property located within 1500 feet of any other property containing an Adult or Sexually Oriented Business whether inside or outside the City limits. No person shall cause or permit the A - 2 establishment or maintenance of more than one Adult or Sexually Oriented Business on the same property. The required minimum distance between any two Adult or Sexually Oriented Businesses shall be 1500 feet measured in a straight line, without regard to intervening structures, from the closest property line of each such business. (b) No such business shall be established or located within 1500 feet of any existing residential dwelling unit, residential use, public park, recreational area, public building, church, school, boys' club, girls' club, or similar existing youth organization, bar, tavern, pool hall, or liquor store, whether inside or outside the City limits. The required minimum distance between an Adult or Sexually Oriented Business and such other specified uses shall be measured along the street right-of-way lines, whether public or private, from the nearest side or rear property lines, of the properties upon which such uses are located. Sec. 26.6.4. Amortization of nonconforming Adult or Sexually Oriented Business uses. Any use of real property existing on the effective date of this article, which does not conform to the provisions of Section 26.6.3, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until one (1) year after the effective date of this article. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the City Council in accordance with the provisions of Section 26.6.5. (a) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an Adult or Sexually Oriented Business shall result in a loss of legal nonconforming status of such use. (b) Amortization -- annexed property. Any Adult or Sexually Oriented Business, which was a legal use at the time of annexation of the property and which is now located in the City, but which does not conform to the provisions of Section 26.6.3, shall be terminated within one (1) year of the date of annexation unless an ,extension of time has been approved by the City Council in accordance with the provisions of Section 26.6.5. Sec. 26.6.5. Extension of time for termination of nonconforming use. The owner or operator of a nonconforming use as described in Section 26.6.4 may apply under the provisions of this section to the City Administrator for an extension of time within which to terminate the nonconforming use. (a) Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 26.6.3, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use with the owner's consent. Such an application must be filed with the City Administrator at least ninety (90) days but no more than one hundred eighty (180) days prior to the time established in Section 26.6.4 for termination of such use. A - 4 (b) Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be set forth in the schedule of fees established by resolution from time to time by the City Council. (c) Hearing procedure. The City Administrator shall set the matter for hearing before the City Council within 45 days of receipt of the application. The applicant shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the City Council shall be final and subject to judicial review pursuant to Code of Civil Procedure Section 1094.8. (d) Approval of extension; findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if all of the following findings or such other findings as are required by law are made. (1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this article; A - 5 (2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and (3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with Section 26.6.3. Sec. 26.6.6. Violation of location requirements. The City's Zoning Ordinance requires that Adult or Sexually Oriented Businesses shall be permitted only in an area where such uses are specifically permitted. Permits for Adult or Sexually Oriented Businesses shall be required and governed by the procedures and policies specified in Article VI of Chapter 5 of this Code. In addition, any Adult or Sexually Oriented Business shall be subject to the following restrictions: (a) The person commits a misdemeanor if he operates or causes to be operated an Adult or Sexually Oriented Business outside of the permitted area. (b) The person commits a misdemeanor if he operates or causes to be operated an Adult or Sexually Oriented Business within 1500 feet of: (1) any religious institution whether inside or outside the City limits; (2) any school whether inside or outside the City limits; (3) the boundary of any residential dwelling unit or residential use whether inside or outside the City limits; (4) any public park or recreational area whether inside or outside the City limits; or (5) any boys' club, girls' club, or similar existing youth organization, or any public building whether inside or outside the City limits. (6) any bar, tavern, pool hall or liquor store, whether inside or outside the City limits. (c) A person commits a misdemeanor if he operates or causes to be operated an Adult or Sexually Oriented Business within 1500 feet of another such business, which will include any adult arcade, adult book store, adult video store, adult cabaret, adult motion picture theater, adult novelty store, adult theater, massage parlor, modeling studio, or sexual encounter center. (d) A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one Adult or Sexually Oriented Business (1) within 1500 feet of another Adult or Sexually Oriented Business, or (2) on the same property, or (3) that increases the floor area of any building, structure or portion thereof. EXHIBIT "B" Chapter 5 ARTICLE VI. BUSINESS PERMIT REGULATIONS FOR ADULT OR SEXUALLY ORIENTED BUSINESSES OR SIMILAR BUSINESSES Sec. 5.80. Legislative purpose. It is the purpose of this article to regulate Adult or Sexually Oriented Businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, the general public and the community. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult or sexually oriented materials and paraphernalia protected by the First Amendment. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to adult or sexually oriented materials protectedbythe First Amendment, or to deny access by the distributors, exhibitors and performers of adult or sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material. Sec. 5.81.1. Purposes of definitions; words defined. For the purpose of this article, certain words and terms are defined and shall be construed as herein set forth, unless otherwise expressly stated, or unless the context in which the words or terms are used clearly indicates a different intention. B 1 Sec. 5.81.2. Definitions (A-B) "Abandon" or "abandoned" or "abandonment" means that an owner or occupant has voluntarily vacated a building or structureandhas left the building or structure unoccupied for a continuous six (6) month period. "Adult or Sexually Oriented Businesses" means any one of the following, and each shall constitute a separate Adult or Sexually Oriented Business even if operated in conjunction with another Adult or Sexually Oriented Business at the same establishment: (1) "Adult arcade" means an establishment where, for any form of consideration, one or more electrically, electronically, or mechanically controlled still or motion picture machines or projectors, video or laser disc players, computers, or other image producing devices, are used for viewing by five (5) or fewer persons per machine at any one time, and are used to show films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or other photographic reproductions, thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ( 2 ) "Adult bookstore" or "Adult video store" means a commercial establishment that, as a regular and substantial course of conduct, offers for sale or rental, for any form of consideration, any one or more of the following: books, B - 2 magazines,` periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital videodisc [DVD]), slides, or other visual representations which are distinguished or characterized' by an emphasis upon the depiction of description of specified sexual activities or specified anatomical areas. (3) "Adult cabaret" means a nightclub, restaurant, dancehall, dance club or similar business, establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified' anatomical areas or specified sexualactivities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, or other photographic reproductions thirty (30) percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (4) "Adult motion picture theater" means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or similar photographic reproductions are shown, and thirty (30) percent or more of the number of which are B 3 distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas (5) "Adult novelty store" means a commercial establishment that, as a regular and.substantial course of conduct, offers for sale or rental, for any form of consideration, sexually oriented devices. (6) "Adult theater" means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities. (7) "Massage parlor" means an establishment where, for any form of consideration, massages, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of California. This definition does not include an athletic club, health club, school, gymnasium, State licensed cosmetology or barber establishment, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. (8) "Modeling studio" means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities. (9) "Sexual encounter center" means a business enterprise that, as one of its principal purposes offers, for any form of consideration, live entertainment by way of physical contact in the form of dancing, wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition. "Adult or Sexually Oriented Business operator" (hereinafter "operator") means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises on which an Adult or Sexually Oriented Business is located or the conduct or activities occurring on the premises thereof. "Applicant" means any person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an Adult or Sexually Oriented Business. Sec. 5.81.3. Definitions (C-D). "Church" means a structure that is used primarily for religious worship and related religious activities. B - 5 "City" means the City of Vernon. "City Administrator" means the City Administrator of the City of Vernon or his or her designee "Distinguished or characterized by an emphasis ,upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. Sec. 5.81.4. Definitions (E-L). "Employee" means a person who performs any service on the premises of an Adult or Sexually Oriented Business on a full- time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises of the Adult or Sexually Oriented Business to render only repair or maintenance services or to deliver equipment or goods to the Adult or Sexually Oriented Business as long as such persons are not nude or semi-nude. "Entertainer" shall mean any person who is an employee or independent contractor of the Adult or Sexually Oriented Business, or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an Adult or Sexually Oriented Business. "Figure model" means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted. "Health Officer" means the Health officer of the City of Vernon or his or her duly authorized representative. "Individual vieving area" means any area designed for occupancy of one person for the purpose of viewing performances, movies, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, transparencies, films, projectable motion pictures or other presentations. "Liquor Store" means a commercial establishment whose gross revenue derived from the sale of beverages containing alcohol or liquor exceeds 250 of the total gross revenue of the commercial establishment. Sec. 5.81.5. Definitions (M-0). "Nude," "Nudity, or a "state of nudity" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of completely or opaquely covered male genitals in a discernibly turgid state. "Operate an Adult or Sexually Oriented Business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of B 7 the conduct of activities of an Adult or Sexually Oriented Business or activities within an Adult or Sexually Oriented Business. Sec. 5.81.6. Definitions (P-Q) "Permittee" means the person to whom an Adult or Sexually Oriented Business permit or Adult or Sexually Oriented Business employee permit is issued. "Person" means any individual, proprietorship, partnership, co partnership, firm, association, joint stock company, corporation, or other legal entity, or any combination of the above in whatever form or character. "Police Chief" means the Police Chief of the City of Vernon or the authorized representatives thereof. "Public buildin "means an buildin owned leased or held by g y g the United States, the state, the county, the City, any special district, school district, or any other agency or political subdivision of the state or the United States. "Public park" or "recreational area" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, open spaces, wilderness areas, or similar public land within the City, which is under the control, operation or management of the. City. Sec. 5.81.7. Definitions (R-S). "Regular and substantial course of conduct" shall mean the following: (i) the business devotes more than-25% of its retail inventory (not measured by the number of items but rather by the I: • ■ costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (ii) the business devotes more than 250 of the retail floor area to merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (iii) the retail value of merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to CDs or DVDs) for sale or rental; or; (iv) gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 250 of the total gross revenue for the combined materials. "Regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. .The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred and eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. "Religious institution" means the same thing as "Church." "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, anus, areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall include a state of dress in which the entire lower portion of the human female breast is exposed, but shall not include any state of dress in which the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel is exposed, so long as the areola is not exposed in whole or in part. "Sexually oriented devices" means, without limitation, any artificial or simulated specified anatomical area or other instruments, devices, or paraphernalia, except for clothing, which are designed in whole or in part for specified sexual activities. "Specified anatomical areas" shall mean and include any of the following: (1) Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, and/or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered and/or (3) Any device, costume or covering that simulates any of the body parts included in subsections (1) or (2) above. "Specified sexua3 activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering: (i) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast; (ii) Sex acts, actual or simulated, including intercourse, oral copulation, anal intercourse, anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, anilingus, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pedophilia, piquerism, sodomy or zooerastia; (iii) Masturbation, actual or simulated; (iv) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the other activities described in the subsections contained in this definition; (v) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; (vi) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; (vii) Striptease, or the removal of clothing or B - 11 (viii) The wearing of transparent or diaphanous clothing,, including models dressed only in lingerie to the point where anatomical areas are exposed. Sec. 5.81.8. Definitions (T-Z). "Transfer ownership or control of an Adult or Sexually oriented Business" means and includes: (1) the sale, lease, or sublease of an Adult or Sexually Oriented Business; or (2) the transfer of securities which constitute a controlling interest in an Adult or Sexually Oriented Business whether by sale, exchange or similar means; or (3) the establishment of a trust, gift, or other similar legal device which transfers ownership or control of an Adult or Sexually Oriented Business, except for transfer by bequest or other operation of law on the death of a person possessing ownership or control. Sec. 5.82. Prohibition. From and after the effective date of this article, no Adult or Sexually Oriented Business shall be established, located or operated in any area not specifically provided for in Section 26.6.3 or Chapter 26 of this Code and subject to all regulations and conditions enumerated in this article. Any business that would be deemed an Adult or Sexually Oriented Business under this article, and which was legally established and for which all applicable permits and licenses were issued and remain effective as of the effective date of this article shall not be deemed to be an Adult or Sexually Oriented Business subject to the provisions of this article for one year from the B - 12 1 effective date of this article, except to the extent that any of the following should occur: (i) such business ceases operating in conformity with any permit issued in conjunction with the establishment thereof; or (ii) the floor area of such business used for -the sale of merchandise distinguished by or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the floor area utilized for such purpose and existing as of the effective date of this article; or (iii) the retail inventory (measured by cost to the business owner of the inventory or by the retail value of the merchandise) distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas increases by more than 15% over the amount of such inventory being merchandised as of the effective date of this article; or (iv) the number of performances distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities increases by 15% in any applicable period of time. Sec. 5.83. .Adult or Sexually Oriented Business permit required. (a) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City the operation of an Adult or Sexually Oriented Business unless the person first obtains and continues to maintain in full force and effect a Adult or Sexually Oriented Business permit from the City as herein required. (b) It shall be unlawful for any person to engage in, participate in any live performance depicting specified B - 13 anatomical areas or involving specified sexual activities in an Adult or Sexually Oriented Business unless the person first obtains and continues to maintain in full force and effect a Adult or Sexually Oriented Business permit from the City as herein required. Sec. 5.84. Adult or Sexually Oriented Business permits. (a) Every person who proposes to establish, maintain, operate or conduct an Adult or Sexually Oriented Business in the City shall file an "Application for Adult or Sexually Oriented Business Permit" with the City Administrator, upon a form; provided by the City, and shall pay a nonrefundable filing fee, at a rate established by resolution adopted by the City Council from time to time. (b) Adult or Sexually Oriented Business permits are nontransferable, except in accordance with Section 5.87, therefore, all applications shall include the following information• (1) If the applicant is an individual, the individual shall state his or her full legal name, including any aliases, present street address of the actual location of the: individual's residence and business, and submit satisfactory written proof that he or she is at least eighteen (18) years of age (2) If the applicant is a partnership, the partners shall state the partnership's complete ,name, present street address of the actual location of the partnership's business office, the names of all partners, whether the partnership is M general or limited, and attach a copy of the partnership agreement, if any. (3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the street address of the registered office for service of process. (c) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with authority to bind, the business entity shall sign the application. The application shall be signed under the penalty of perjury, (d) If the applicant intends to operate the Adult or Sexually Oriented Business under a name other than that of the applicant, the applicant shall file a fictitious business name statement for the Adult or Sexually Oriented Business with the County of Los Angeles and provide proof of registration of the fictitious business name to the City. (e) A description of the type of Adult or Sexually Oriented Business for which the permit is requested and the address or proposed address where the Adult or Sexually Oriented Business will operate, plus the names and street addresses of the actual location of residence and business of the owners and lessors of the Adult or Sexually Oriented Business site. B - 15 (f) The address to which notice of action on the application is to be mailed. (g) The names of all employees, independent contractors, and other persons who will perform at the Adult or Sexually Oriented Business, or who are required by Section 5.88 to obtain an Adult or Sexually Oriented Business Employee permit. (h) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the Adult or Sexually Oriented Business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (i) A straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the Adult or Sexually Oriented Business, and: (1) the property line of any other Adult or Sexually Oriented Business within 1500 feet of the primary entrance of the Adult or Sexually Oriented Business for which a permit is requested; and (2) the property lines of any church, school, public park, public building, boys club, girls club, youth center, recreational area, residential dwelling unit or use, bar, tavern, pool hall or liquor store within 1500 feet of the property line of the Adult or Sexually Oriented Business. (j) A diagram of the off-street parking areas and premises entries of the Adult or Sexually Oriented Business showing the location of the lighting system and security system required by Section 5.92. B - 16 (k) Whether the applicant or principals thereof have been convicted, within the past fifteen years, of a sexual crime against children, sexual abuse, rape, or crimes connected with another Adult or Sexually Oriented Business including, butnot limited to, distribution of obscenity or material harmful to minors, prostitution or pandering and, if so, the dates of conviction, confinement, and release, or has .been convicted of a crime requiring registration under Penal Code Section '290. (1) Whether the applicant or any of the other individuals identified in the application pursuant to this section has had a previous permit under this article or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the Adult or Sexually Oriented Business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individual identified in the application pursuant to this section has been an owner, partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this article whose permit has previously been denied, suspended or revoked, including the name and location of the Adult or Sexually Oriented Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (m) Whether the applicant or any other individual identified in the application pursuant to this section holds any other permits and/or licenses under this article or any other similar Adult or Sexually Oriented Business ordinance from B 17 another city or county and, if so, the names and locations of such other permitted businesses. (n) The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult or Sexually Oriented Business permit. Sec. 5.85. Investigation and Action on Application for an Adult or Sexually Oriented Business permit. (a) The City Administrator shall determine whether the application for an Adult or Sexually Oriented Business permit contains all of the information required by the provisions of this article. If it is determined that the application is not complete, the applicant shall be sent a notice in writing within ten (10) business days after the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have thirty (30) calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within the time period renders the application null and void. Within five (5) business days following the receipt of -a supplemental or amended application, the City Administrator shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be B - 18 J notified in writing that a new application must be filed with the City Administrator as set forth herein. (b) Upon receipt of a completed application and payment of the filing fee, the City Administrator shall immediately stamp the application as received, and issue a temporary permit to the applicant, which shall be valid for thirty (30) business days after the date of issuance, unless earlier terminated by the denial or the Adult or Sexually Oriented Business permit. The issuance of a temporary permit does not relieve the applicant of the need to obtain any other City license or permit, such as a Certificate of Occupancy or conditional use permit, if required. (c) The City Administrator shall promptly investigate the information contained in the application to determine whether the applicant shall be issued an Adult or Sexually Oriented Business permit. As part of this investigation, the City Administrator shall promptly send photocopies of the completed application to the Police Chief of the City of Vernon, and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws within the City. Each department or agency shall promptly investigate the applicant, application and proposed Adult or Sexually Oriented Business in accordance with its responsibilities under law and as set forth `'in ,this article, which investigation shall be completed prior to the expiration of the thirty (30) day time period set forth in subsection (d) below. At the conclusion of such investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it B 19 disapproves, state the reasons therefor and return the photocopy immediately to the City Administrator. A department or agency shall only disapprove an application if it finds the proposed Adult or Sexually Oriented Business will violate any provision of any statute, code, ordinance, regulation or other law in effect in the City. The Los Angeles County Sheriff's office shall only be asked by the Vernon Police Department to certify the records request check and shall not be required to approve or disapprove applications In no event shall the temporary permit issued pursuant hereto constitute or grant a right to the applicant to operate an Adult or Sexually Oriented Business in violation of Section 5.82 and Chapter 26 of the Code or in violation of any other zoning, building and safety, or business licensing provisions of the Code. (d) Within thirty (30) days of receipt of the completed application, the City Administrator shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows: (1) The City Administrator shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (2) If the application is denied, the City Administrator shall attach to the application a statement of the reasons for denial. (3) If the application is ,granted, the City Administrator shall attach to the application an Adult or Sexually Oriented Business permit. i (4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided. (e) The City Administrator shall grant the application and issue the Adult or Sexually Oriented Business permit upon findings that the proposed business meets the location criteria of Section-26.'6.3 and the applicant has met all of, the development and performance standards and requirements of Section 5.92 unless the application is denied for one or more of the reasons set forth in Section 5.86. The permittee shall post the permit conspicuously in the Adult"or Sexually Oriented Business premises so that it maybe easily read at any time by persons entering the Adult or Sexually Oriented Business. (f) -If the City Administrator grants the application or if the City Administrator neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in Section 5.85(a)), the applicant may begin operating the Adult or Sexually Oriented Business for which the permit was sought, subject to strict compliance with the development and performance standards in Section 5.92 and other applicable requirements of this Code. The applicant's ability to begin operating under this subsection does not relieve the applicant of the need to obtain any other City license or permit, such as a Certificate of Occupancy or conditional use permit, if required. B - 21 (g) Permittees shall have a continuing duty to promptly supplement the Adult or Sexually Oriented Business permit application information required by this article in the event that said information changes in any way from what is stated on the "Application for Adult or Sexually Oriented Business Permit". The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the "Application for Adult or Sexually Oriented Business Permit" on file with the City Administrator, under the penalty of perjury, shall be grounds for revocation of the permit. Sec. 5.86. Adult or Sexually Oriented Business permit denial. The City Administrator shall deny the application for any of the following reasons: (a) The building, structure, equipment, or location used by the business for which an Adult or Sexually Oriented Business permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the City, the County of Los Angeles, and the State of California, or with the location or development and performance standards and requirements of these regulations. (b) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the "Application for Adult or Sexually Oriented Business Permit." (c) An applicant is under eighteen (18) years of age. (d) The required application fee has not been paid. B 22 (e) The Adult or Sexually Oriented Business does not 'comply with the City's zoning ordinance. (f) The granting of the permit would violate -a statute, ordinance, or court order. (g) The applicant has had a permit issued pursuant to this article which has been suspended or revoked at the time of application. (h) The, applicant has been convicted of a criminal act specified in Section 5.84(k), for which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or (2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or (3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts occurring within any 24-month period. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. If the City Administrator denies the application, he or she shall notify the applicant of the denial and state the reasons for the denial. B - 23 If a person applies for an Adult or Sexually Oriented Business permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. Sec. 5.87. Transfer and renewal of Adult or Sexually Oriented Business permits. (a) A permittee shall not operate an Adult or Sexually Oriented Business under the authority of an Adult or Sexually Oriented Business permit at any place other than the address of the Adult or Sexually Oriented Business stated in the Application for Adult or Sexually Oriented Business permit. (b) A permittee shall not transfer ownership or control of an Adult or Sexually Oriented Business permit to another person unless and until the transferee obtains an amendment to the Adult or Sexually Oriented Business permit from the City Administrator stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Administrator in accordance with Sections 5.83 and 5.84, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City Administrator determines in accordance with Section 5.85 that the transferee would be entitled to the issuance of an original permit under the ordinances and regulations which were in effect as of the time of the initial issuance of the original Adult or Sexually Oriented Business permit. Notwithstanding the 'B - 24 forgoing, to the extent the Adult or Sexually Oriented Business is operating as a legal nonconforming use, an amendment to the - permit shall not extend the legal nonconforming status of such business beyond the amortization period, if any, applicable to the Adult or ,Sexually Oriented Business unless such amortization period is extended pursuant to any local ordinance or regulations in effect as of the time of the extension request. (c) No Adult or Sexually Oriented Business, permit may be transferred when the City Administrator has notified the permittee that the permit has been or may be suspended or revoked. (d) Any attempt to transfer an Adult or Sexually Oriented' Business permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked. (e) Each Adult or Sexually Oriented Business permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the City Administrator a written request for renewal, accompanied by the filing fee as established from time to time by the City Council, and a copy of the Adult or Sexually Oriented Business permit to be renewed. The request for renewal should contain a discussion of any changes in configuration or operation that have occurred at the Adult or Sexually Oriented Business within the past year. The request for renewal shall be made at least thirty (30) days before the expiration date of the Adult or Sexually Oriented Business permit. Applications for renewal shall be acted on as provided herein for action upon applications for Adult or Sexually Oriented Business permits as set forth in Section 5.85. If the City Administrator determines that there has been no change in the configuration or operation of the permitted Adult or Sexually Oriented Business which would call into question the continued satisfaction of all requirements of this article, the permit shall be renewed. If the City Administrator determines that there has been such a change in the configuration or operation of the Adult or Sexually Oriented Business, the City Administrator may require the permittee to submit a complete new permit application pursuant to Section 5.84. In such event, and to the extent the .request for renewal has been submitted at least thirty (30) days prior to the expiration of the permit, the expiration of the existing Adult or Sexually Oriented Business permit shall be stayed pending a decision on the new permit application. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. (f) The granting of an application to transfer an Adult or Sexually Oriented Business permit or renewal does not relieve the applicant/permittee of the need to obtain any other City license or permit, such as a Certificate of Occupancy or conditional use permit, if required. Sec. 5.88. Adult or Sexually Oriented Business employee permit. (a) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an Adult or Sexually Oriented Business, nor shall any employee as defined in Section 5.81.4, be employed at an Adult or Sexually Oriented Business, without a B - 26 s valid Adult or Sexually Oriented Business employee permit issued by the City to such person. All persons who have been issued an Adult or Sexually Oriented Business permit shall promptly supplement, under the penalty of perjury, the information provided as part of the Application for Adult or Sexually Oriented Business permit required by Section 5.84 with the names of all performers, entertainers, figure models and employees required to obtain an Adult or Sexually Oriented Business employee permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the Adult or Sexually Oriented Business permit. (b) The City Administrator shall grant, deny and renew Adult or Sexually Oriented Business employee permits. (c) The City shall provide a form titled "Application for Adult or Sexually Oriented Business Employee Permit." An original and two (2) copies of the completed application, signed under the penalty of perjury, shall be filed with the City Administrator, along with a nonrefundable filing fee, at a rate established by resolution adopted by the City Council from time to time. (d) The completed "Application for Adult or`Sexuall P PP Y Oriented Business Employee Permit shall contain the following information and be accompanied by the following documents: (1) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant. (2) Age, date and place of birth. (3) Height, weight, hair and eye color. g Y B - 27 (4) Present street address of the actual location of the applicant's residence and residence telephone number, and present street address of the applicant's actual location of business and business telephone number, if any. (5) Whether the applicant has been convicted in the past fifteen (15) years as of the date of the application of: a. Any of the offenses set forth in Sections 311 through 313.4, 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647 (b) and 647 (D) of the California Penal Code, or any offense requiring registration under Penal Code Section 290 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered. b. The equivalent of the aforesaid offenses outside the state of California. (6) Whether the applicant is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution. (7) Date, issuing state and number of state issued driver's license or identification card and social security number. (8) Satisfactory written proof that the applicant is at least 18 years of age. (9) The applicant's fingerprints on a form provided by the City of Vernon Police Department, and a color photograph clearly showing the applicant's face. The applicant shall pay any fees for the photographs and fingerprints. (10) If the application,is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed. (11) An acknowledgment, signed by the applicant under the penalty of perjury, that the applicant has received and read a copy of the development and performance standards in Section 5.92 of this Code. (e) Upon receipt of an Application for Adult or Sexually Oriented Business Employee Permit and payment of the application fees, the City Administrator shall immediately stamp the application as received, issue a temporary permit to the applicant which shall be valid for fifteen (15) days, unless earlier terminated by the denial of the Application for Adult or Sexually Oriented Business Employee Permit, and promptly investigate the application. (f) If the City Administrator determines that the applicant has completed the Application for Adult or Sexually Oriented Business Employee Permit improperly or the Application for Adult or Sexually Oriented Business Employee Permit is otherwise incomplete, the City Administrator shall notify applicant of such fact within ten (10) business days of the date of receipt of the Application for Adult or Sexually Oriented Business Employee Permit, including the reasons the application is not complete. The City Administrator shall, in such event, grant the applicant an extension of time of ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the City Administrator to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension' of time. (g) Each Adult or Sexually Oriented Business employee permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the City Administrator a written request for renewal, accompanied by the filing fee as established from time to time by the City Council, and a copy of the Adult or Sexually Oriented Business employee permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the Adult or Sexually Oriented Business employee permit. Applications for renewal shall be acted on as provided herein for action upon applications for Adult or Sexually Oriented Business employee permits as set forth in Section 5.89. If the City Administrator determines that there has been no change in the facts upon which the permit was issued which would call into question the continued satisfaction of all requirements of this article, the permit shall be renewed. If the City Administrator determines that there has been such a change, the permittee may be required to submit a complete new permit application pursuant to this section. In such event, and to the extent the request for B - 30 renewal has been submitted at least thirty (30) days prior to the expiration of the permit, the expiration of the existing permit shall be stayed pending a decision on the new permit application. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Sec. 5.89. Investigation and action on application for an Adult or Sexually Oriented Business Employee Permit. (a) Within fifteen (15) days after receipt of the properly completed Application for Adult or Sexually Oriented Business Employee Permit, the City Administrator shall grant or deny the application and so notify the applicant as follows: (1) The City Administrator shall write or stamp' "Granted" or "Denied" on the Application for Adult or Sexually Oriented Business Employee Permit and date and sign such notation. (2) If the Application for Adult or Sexually Oriented Business Employee Permit is denied, the City Administrator shall attach to the application a statement of the reasons for denial. (3) If the Application for Adult or Sexually Oriented Business Employee Permit is granted, the City Administrator shall attach to the Application for Adult or Sexually Oriented Business Employee, Permit an Adult or Sexually Oriented Business employee permit. (4) The Application for Adult or Sexually Oriented Business Employee Permit as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the residence address B - 31 stated in the application. - All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided. (b) The City Administrator shall grant the Application for Adult or Sexually Oriented Business Employee Permit and issue the permit unless the application is denied for one or more of the reasons set forth in subsection c of this section. (c) The City Administrator shall deny the Application for Adult or Sexually Oriented Business Employee Permit for any of the following reasons: (1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the Application for Adult or Sexually Oriented Business Employee Permit or in any report or document required to be filed with the application or has omitted information reasonably necessary for issuance of the permit. (2) The applicant is under 18 years of age (3) The Adult or Sexually Oriented Business employee permit is to be used for employment in a business prohibited by state or local laws, ordinances, or regulations. (4) The applicant has been registered in any state as a prostitute (5) The applicant has been convicted of any criminal act enumerated in Section 5.88, subsection (d)(5), or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the State of California, for which: B - 32 a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or C. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts occurring within any 24-month period. (d) The Adult or Sexually Oriented Business Employee Permit, if granted, shall state on its face the name of the person to whom it is granted and the expiration date. The City Administrator shall provide each person issued an Adult or Sexually Oriented Business employee permit with an identification card containing the name, address, photograph, and permit number of the permittee. (e) Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of the Adult or Sexually Oriented Business. (f) If the City Administrator neither grants nor denies a completed Application for Adult or Sexually Oriented Business Employee Permit, for which the filing fees have been paid, within fifteen (15) business days after its receipt, the applicant may begin the employment for which the Adult or B - 33 Sexually Oriented Business Employee Permit is sought, subject to strict compliance with the development and performance standards in Section 5.92 and the regulations and other provisions of Article VI of Chapter 26. Sec. 5.90. Suspension or revocation of Adult or Sexually Oriented Business regulatory permits. (a) An Adult or Sexually Oriented Business permit or Adult or Sexually Oriented Business employee permit may be suspended or revoked in accordance with the procedures and standards of this section. (1) On determining that grounds for permit suspension or revocation exist, the City Administrator shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing to be conducted by the City Administrator, or appointed hearing officer, and the ground or grounds upon which the hearing is based, the pertinent sections of this Code, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) working days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the City Council, but at a minimum shall adhere to the provisions of subsection (2). (2) The applicant has the right to offer testimonial, documentary, and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable B - 34 persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the City Administrator or hearing officer may be appealed in accordance with Section 5.91 (b) The City Administrator shall suspend a permit for a period not to exceed thirty (30) days if it is determined, following notice to the permittee and a hearing as set forth above, that the permittee or an employee of a permittee has violated or is not in compliance with any section of this article, or has refused to allow an inspection of the Adultor Sexually Oriented Business premises as authorized by this article. (c) The City Administrator shall revoke a permit if it is determined, following notice to the permittee and a hearing as set forth above, that any of the following conditions arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an Adult or Sexually Oriented Business, has occurred: (1) A cause of suspension as set forth above has occurred and the permit has been previously suspended within the preceding 12 months. (2) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City. (3) The permittee; employee, agent, partner, director, stockholder, or manager of an Adult or Sexually B - 35 Oriented Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following activities on the premises of the Adult or Sexually Oriented Business, or in the case of an Adult or Sexually Oriented Business employee permit holder, the permittee has engaged in one of the activities described below while on the premises of the Adult or Sexually Oriented Business: (i) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur. (ii) Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code. (iii) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code. (iv) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4 of the California Penal Code. (v) Any conduct prohibited by or in violation of this article. (4) Failure to abide by any disciplinary action previously imposed by an appropriate City official. B - 36 Y (5) If an Adult or Sexually Oriented Business is vacated and left unoccupied or is otherwise abandoned for a period of six (6) consecutive months. (d) After holding the hearing in accordance withthe provisions -of this section, if the City Administrator, or appointed hearing officer, finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the City Administrator shall impose one of the following: (1) A warning; (2) Suspension of the permit for a specified period not to exceed six months; (3) Revocation of the permit. Sec. 5.91. Appeal of denial, suspension or revocation. All decisions of the City Administrator, or appointed hearing officer, to issue, renew, deny, suspend or revoke a permit issued pursuant to this article are final unless appealed in accordance herewith. An applicant or permittee may appeal a decision by the City Administrator, or appointed hearing officer, to deny an application for, or to revoke or suspend, an Adult or Sexually Oriented Business permit or Adult or Sexually Oriented Business employee permit by filing a request for an appeal with the City Clerk. Such an appeal shall be filed in writing within ten (10) days of service of the decision of the City Administrator or hearing officer. A hearing by the City Council on such appeal shall be scheduled for the first available regular meeting of the City Council for which proper notice can be given, but in no B - 37 event shall such hearing occur more than thirty (30) days after the appeal is filed. The City Council shall make a decision on the appeal within five (5) working days of the meeting at which the hearing is held. The City Council's decision shall contain findings of fact on the matter submitted to it for consideration. The written findings of fact shall fairly disclose the City Council's findings on all material points in the appeal and at the hearing. The City Council's written decision shall be mailed to the appellant within five (5) business days after the decision is finalized. After any denial, or a suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, and specifically as provided by California Code of Civil Procedure Section 1094.8 The City shall make all reasonable efforts to expedite judicial review. If the City denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial, then the City shall issue a temporary permit. This temporary permit shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, or other form of judicial review, whichever is earliest, as to the propriety of the denial. If the City revokes, or suspends an existing permit, and the aggrieved applicant or the permittee commences a legal action to determine the validity thereof, the City's revocation or B - 38 suspension of the permit will be stayed pending .a judicial decision on the propriety of the revocation or suspension, based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest. Any temporary permit issued pursuant to this article shall not grant any vested rights on the holder of the temporary permit, nor shall it grant a right to the holder to operate or serve as an employee in an Adult or Sexually Oriented Business which is in violation of Sections 5.82 or 5.92 of this article or in violation of any other zoning, building and safety, or business licensing provisions of this Code. Sec. 5.92. Adult or Sexually Oriented Business development and performance standards (a) An operator must be present at all times the Adult or Sexually Oriented Business is operating. Said operator shall be responsible for all actions of the Adult or Sexually Oriented Business while on duty. The names of all operators, plus a twenty-four (24) hour emergency contact shall be provided to the City of Vernon Police Department (b) An Adult or Sexually Oriented Business shall not operate between the hours of 12:00 midnight and 8:00 a.m. (c) An Adult or Sexually Oriented Business shall not be located in whole or part within any portable or mobile structure or pushcart. (d) An Adult or Sexually Oriented Business shall not conduct any acupuncture, tattooing, fortune-telling, body - painting, body -piercing, or escort services on the premises, nor B 39 • shall any such business be conducted on the same property as an Adult or Sexually Oriented Business. (e) An Adult or Sexually Oriented Business shall not conduct or sponsor any special events, promotions, festivals, concerts, or other similar events which would increase the demand for parking beyond the approved number of spaces for the particular use. (f) No Adult or Sexually Oriented Business may be used for the purpose of conducting a private club during the hours the business is not open to the public. (g) If an Adult or Sexually Oriented Business is the sole use on a lot, no landscaping shall exceed thirty inches in height, except trees with foliage not less than six feet above the ground notwithstanding any landscaping requirements to the contrary. (h) Buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message. (i) Upon order of the City Administrator, graffiti appearing on any exterior surface of a building or premises which is within public view shall be removed and,that surface shall be restored within seventy-two (72) hours of written notification to the owner, lessor or operator. (j) Changeable copy signs, temporary signs, including human or sandwich billboards, small permanent signs and neon signs are not permitted that may be observed from the outside of the building or structure, except that an adult theater may have a theater marquee sign. No solicitations of trade may made at or near entrances of an Adult or Sexually Oriented Business by any means other, than signage that complies with this requirement. (k) No person under the age of eighteen (18) years shall be permitted within the premises at any time. The building entrance to an Adult or Sexually Oriented Business shall be clearly and legibly posted with a notice indicating that people under the age of eighteen (18) years are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Community Services or his designee. (1) An Adult or Sexually Oriented Business shall provide a security system that visually records and monitors all entrances and all of its parking lot areas. Recordings made pursuant to this requirement shall contain a date and time stamp and be maintained by an Adult or Sexually Oriented Business for a minimum period of thirty (30) days. (m) No outdoor loudspeakers or other sound equipment advertising or directing attention to an Adult or Sexually Oriented Business or use is allowed. (n) No Adult or Sexually Oriented Business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building, structure or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. Permanent barriers shall be installed and maintained B - 41 to screen the interior of the premises from public view for each door used as an entrance/exit to the business. 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. (o) The premises within which the Adult or Sexually Oriented Business is located shall provide sufficient sound - absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. (p) Adult or Sexually Oriented Businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards: (1) Adult or Sexually Oriented Businesses featuring live entertainment shall provide at least one (1) security guard at all times whilethebusiness.is open. If the occupancy limit of the premises is greater than thirty-five (35) persons, an additional security guard shall be on duty. (2) Security guards for other Adult or Sexually Oriented Businesses may be required if it is determined by the City Administrator that their presence is necessary in order to prevent any of the conduct listed in Section 5.90(c)(3) from occurring on the premises. (3) Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable B 42 E as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of California state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard. (q) All off-street parking areas and premise entries of the Adult or Sexually Oriented Business shall be illuminated from dusk to two hours after closing with a lighting system that provides an average maintained horizontal illumination of not less than six (6) foot-candles at ground level on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the Adult or Sexually Oriented Business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises. (r) Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the City of Vernon Fire Department and building regulations and standards adopted by the City. (s) All indoor areas of the Adult or Sexually Oriented Business within which patrons arepermitted, except restrooms, shall be open to view ,by the management at all times. The view required in this subsection must be a direct line of sight from the manager's station at all times. The view area required in this subsection shall remain unobstructed by any doors, B - 43 curtains, partitions, walls, merchandise, display racks, or other materials at all times. (t) All areas of the Adult or Sexually Oriented Business shall be illuminated at a minimum of the following foot-candles minimally maintained and evenly distributed at ground level: Area Foot -Candles Bookstores and other retail 20 establishments Theaters and cabarets 5 (except during performances, at which times lighting shall be at least 1.25 foot candles.) Arcades 10 Massage parlors, sexual encounter centers, modeling studios 20 (u) The Adult or Sexually Oriented Business shall ,provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any materials depicting specified sexual activities or specified anatomical areas. Restrooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall B - 44 not apply to an Adult or Sexually Oriented Business which deals exclusively with sale or rental of materials which are not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to its patrons or the general public. (v) An adult arcade shall also comply with the following provisions: (1) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a operator's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms Restrooms may not contain video reproduction equipment. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this subsection must be direct line of sight from the operator's station. (2) The view area specified above shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials at all times. 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. (3) No individual viewing area may be occupied by more than one person at any one time. B - 45 (4) The walls and/or partitions between individual viewing areas shall be constructed of not less than one (1) hour fire resistive material and shall be maintained in good repair at all times. The walls and/or partitions between any two individual viewing areas shall be solid and uninterrupted by any hole or aperture such as would allow viewing from one individual viewing area into another or such as to allow physical contact of any kind between the occupants of any two such individual viewing areas, (5) Customers, patrons or visitors who are not actively engaged in shopping for or reviewing the products available on display for purchase or viewing shall not be allowed to stand idly by in the vicinity of any such individual viewing areas, or from remaining in the common area of such business. Signs prohibiting loitering shall be posted in prominent places in and near the individual viewing areas. (6) The floors, seats, walls and other interior portions of all individual viewing areas shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such individual viewing areas shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owner and operator's license to conduct the Adult or Sexually Oriented Business. (w) Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Individual Viewing Areas. A person who operates or causes to be operated an Adult or Sexually Oriented Business, which exhibits on the premises in an individual viewing area of less than 150 square feet of floor space, a film, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to compact disc [CD] or digital video disc [DVD]), slide, other photographic reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (1) Upon application for an Adult or Sexually 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 operator's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A operator's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas. The City Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared. (2) No alteration in the configuration or location of a operator's station may be made without the prior written approval of the City Administratorbased upon the finding that such alteration complies with this section. (3) It is the duty of the permittee of the Adult or Sexually Oriented Business to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is present inside the Adult or Sexually Oriented Business. (4) The interior of the Adult or Sexually Oriented Business shall be configured in such,a manner that there is an unobstructed view from a operator's station of every area of the Adult or Sexually Oriented Business to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment or any materials depicting specified sexual activities or specified anatomical areas. If the Adult or Sexually Oriented Business has 2 or more designated operator's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the Adult or Sexually Oriented Business to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required by this section must be by direct line of sight from the operator's station. (5) It shall be the duty of the permittee and/or operator to ensure that the view area specified in this section remains unobstructed at all times by any doors, curtains, B 48 partitions, walls, merchandise, display racks or other materials. (6) It shall be the duty of the permittee and/or operator to ensure that no patron is permitted access to any area of the Adult or Sexually Oriented Business that has been designated as an area in which patrons will not be permitted pursuant to paragraph 1 of this subsection. (7) No individual viewing area may be occupied by more than one person at any time. (8) The Adult or Sexually Oriented Business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10 foot-candles as measured at the floor level (9) It shall be the duty of the permittee and/or operator to ensure that the illumination required by this section is maintained at all times that any patron is present in the premises. (10) No openings of any kind shall exist between individual viewing areas. (11) No person shall make or attempt to make an opening of any kind between individual viewing areas. (12) The permittee or operator shall, during each business day, regularly inspect the walls between the individual viewing areas to determine if any openings or holes exist. (13) The permittee and/or operator shall cause all floor coverings in individual viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting. B - 49 1 (14) The permittee and/or operator shall cause all wall surfaces and ceiling surfaces in individual viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor. (15) It is a violation of this article for a person having a duty under this section to knowingly fail to fulfill that duty. (x) The following additional requirements shall pertain to AdultorSexually Oriented Businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, and shall also apply to modeling studios and sexual encounter centers: (1) No person shall perform modeling or live entertainment for patrons of an Adult or Sexually 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 ten (10) feet from the nearest area occupied by patrons, and no patron shall be permitted within ten (10) feet of the stage while the stage is occupied by a figure model or entertainer. (2) The Adult or Sexually Oriented Business shall provide separate dressing room facilities for figure models and entertainers that are exclusively dedicated to the use of such figure models and entertainers. B - 50 (3) The Adult or Sexually Oriented Business shall provide an 'entrance/exit for figure models and entertainers which is separate from the entrance/exit used by patrons. (4) The Adult or Sexually Oriented Business shall provide access for figure models and entertainers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the Adult or Sexually Oriented Business shall provide a minimum three (3) foot wide walk aisle for figure models and entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the figure models and entertainers capable of (and which actually results in) preventing any physical contact between patrons and figure models and entertainers. (5) No figure model or entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any figure model or entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the Adult or Sexually Oriented Business. (6) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between figure models and entertainers and patrons required by this subsection. (7) No` patron shall directly pay or give any gratuity to any figure model or entertainer and no figure model or entertainer shall solicit any pay or gratuity from any patron. B - 51 (8) No owner or other person with managerial control over an Adult or Sexually Oriented Business (as that term is defined herein) shall permit any person, including employees, on the premises of the Adult or Sexually Oriented Business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage, and/or the female breast with less than a fully opaque coverage over any part of the nipple or areola, except as otherwise provided in this article. (y) Additional Regulations Concerning Public Nudity. (1) It is a violation of this article for a.person knowingly and intentionally to appear in a state of nudity in an Adult or Sexually Oriented Business or any other public place. (2) It is a violation of this article for a person knowingly or intentionally, in an Adult or Sexually Oriented Business, to appear in a semi-nude condition unless the person is an employee who, while semi-nude, is upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least ten (10) feet from the nearest areas occupied by patrons. (3) It is a violation of this article for any employee, figure model or entertainer, while semi-nude in an Adult or Sexually Oriented Business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee. (4) It is a violation of this article for an entertainer, while semi-nude, to touch a patron or the clothing B 52 of a patron, or for a patron to touch a figure model or entertainer who is semi-nude. (z) A copy of the development and performance standard contained in Section 5.92 must be given by the owner of the Adult or Sexually Oriented Business to any and all operators, employees, entertainers, performers, figure models and security guards working on the premises at the time they are hired. A statement from each operator, employee, entertainer, performer, figure model and security guard acknowledging that they have received a copy of Section 5.92 and have read the development and performance standards must be signed under the penalty of perjury by the individual and maintained by the owner of the business. The foregoing applicable requirements of this section shall be deemed conditions of Adult or Sexually Oriented Business permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations. (aa) At the end of the calendar year the permittee shall furnish to the City Clerk a written statement containing the following: (i) whether the business devotes more than 25% of its retail inventory (not measured by the number of items but rather by the costs to the business owner of the inventory) to merchandise distinguished or characterized by an emphasis upon specified sexual activities or specified anatomical areas; or (ii) whether the business devotes more than 250 of the retail floor area to merchandise, that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas; or (iii) whether the retail value of B - 53 merchandise that is distinguished or characterized by an emphasis upon specified sexual activities and specified anatomical areas exceeds 25% of the total retail values of inventory offered in each of the following categories: books, magazines, video tapes or any material in digital form (including, but not limited to CDs or DVDs) for sale or rental, or; (iv) whether gross revenue derived from books, magazines, or the sale or rental of video tapes or any material in digital form exceeds 25% of the total gross revenue for the combined materials. This written statement shall be signed by an officer, director or managing agent of the applicant and shall contain the following certification: "I declare under penalty of filing a false certificate or return, that ,this statement is made by me, that I am authorized to make such statement on behalf of the permittee, and that the annual gross receipt figures are true and correct to the best of my knowledge and belief." (bb) No Adult or Sexually Oriented Business shall engage in or allow the sale, use, or consumption of any alcohol or liquor on the premises of the Adult or Sexually Oriented Business. It is a violation of this article for a person to engage in or allow the sale, use or consumption of any alcohol or liquor on the premises of any Adult or Sexually Oriented Business. Sec. 5.93. Registration of new employees. (a) As a further condition of approval of every Adult or 1 Sexually Oriented Business permit issued pursuant to this article, every owner or operator shall register every employee with the City of Vernon Police Department within five (5) B - 54 business days of the commencement of the employee's period of employment at the Adult or Sexually Oriented Business. (b) Each employee shall be required to provide two (2) recent color passport -quality photographs, shall allow himself or herself to be fingerprinted by the City of Vernon Police Department for purposes of identification. In addition, each new employee shall provide the following information on a form provided by the City of Vernon Police Department: (1) Full legal name, present street address of the actual location of the employee's residence, and telephone number. (2) Date of birth. (3) Social Security number. (4) Height, weight, color of eyes and hair. (5) Stage name (if applicable) and other aliases used within the previous two years. (6) An acknowledgment, signed by the employee under the penalty of perjury, that the individual has received and read a copy of the development and performance standards in Section 5.92 of this Code. (c) The information provided for purposes of this section shall be maintained by the City of Vernon Police Department as confidential information, and shall not be disclosed as public records unless pursuant to subpoena issued by a court of competent jurisdiction. (d) Each owner or operator of an Adult or Sexually Oriented Business shall maintain a current register of the names of all employees currently employed by the Adult or Sexually B 55 Oriented Business, and shall disclose such registration for inspection by any City of Vernon Police Officer for purposes of determining compliance with the requirements of this section. (e) Failure to register each new employee within five (5) days of the commencement of employment, or to maintain a current register of the names of all employees shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit. Sec. 5.94. Register of entertainers. (a) Every permittee of an Adult or Sexually Oriented Business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any City of Vernon Police Officer or Health Department officer. Sec. 5.95. Display of permit and identification card. (a) Every Adult or Sexually Oriented Business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such Adult or Sexually Oriented Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult or Sexually Oriented Business. (b) The City Administrator shall provide each Adult or Sexually Oriented Business employee required to have an Adult or Sexually Oriented Business employee permit pursuant to this article, an identification card containing the name, address, photograph and permit number of such employee. B - 56 (c) A permitted Adult or Sexually Oriented Business employee shall have such card available for inspection at all time during which such person is on the premises of the Adult or Sexually Oriented Business. Sec. 5.96. Employment of and services rendered to persons under the age of eighteen (18) years prohibited. (a) It shall be unlawful for any permittee, operator, or other person in charge of any Adult or Sexually Oriented Business to employ, or provide any service for which it requires an Adult or Sexually Oriented Business permit, to any person who is not at least eighteen (18) years of age. (b) It shall be unlawful for any permittee, operator or other person in charge of any Adult or Sexually Oriented Business to permit to enter, or remain within the Adult or Sexually Oriented Business, any person who is not at least eighteen years of age. Sec. 5.97. Inspection. The permittee and/or operator shall permit officers of the City and representatives of the Police Department, Health Department, Fire Department, Community Services and Water Department, or other City departments to conduct unscheduled inspections of the premises of the Adult or Sexually Oriented Business for the purpose of ensuring compliance with the law at any time the Adult or Sexually Oriented Business is open for business or occupied. A person who operates an Adult or Sexually Oriented Business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is N. � occupied or opened for business. The purpose of the inspection is to determine whether the premises is being operated in compliance with all the requirements of applicable law. Delay or obstruction of such inspection may be grounds for suspension or revocation of any license or permit issued by the City. Sec. 5.98. Time limit for filing application for permit. Any person who possesses a current business license for an Adult or Sexually Oriented Business that is not subject to 5.82 or who operates a business which was not deemed to be a Adult or Sexually Oriented Business prior to the effective date of this ordinance but which, through an expansion of such business in the manner set forth in Section 5.82 is deemed to constitute and Adult or Sexually Oriented Business under this article and who does not have a validly issued Adult or Sexually Oriented Business permit issued pursuant to the provisions of this article, and all persons required by this article to obtain an Adult or Sexually Oriented Business employee permit, must apply for and obtain such permit within ninety (90) days of the effective date of this article. Failure to do so and continued operation of an Adult or Sexually Oriented Business, or the continued performances depicting specified anatomical areas or specified sexual activities in an Adult or Sexually Oriented Business after such time without a permit shall constitute a violation of this article. Sec. 5.99. Regulations nonexclusive. The provisions of this article regulating Adult or Sexually Oriented Businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City. Sec. 5.100. Separate offense for each day. Any person who violates any provision of this article shall be guilty of a separate offense for each and every day, during any portion of which, any such person commits, continues, permits, or causes a violation hereof, and each offense shall be punishable separately. Sec. 5.101. Administrative remedies. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this article may be subject to administrative remedies, as set forth the City Code. Sec. 5.102. Violation and penalty. Every person, whether acting as an individual owner, employee or the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted Adult or Sexually Oriented Business, or who violates any provisions of this article shall be guilty of a misdemeanor. Sec. 5.103. Civil injunction. The violation of any provision of this article shall be and is hereby declared to be contrary to the public interest and shall create a cause of action for injunctive relief. B - 59 A A, M a y Sec 5.104. Public nuisance. Any establishment operated, conducted or maintained contrary to the provisions of this .article is unlawful and a public nuisance, and the City Attorney or the Los Angeles County District Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such Adult or Sexually Oriented Business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this article. B - 60 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 April 15, 2003 Interested parties or property owners: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Enclosed herewith for your information is a Notice of Public Hearing, Initial Study, and Proposed Negative Declaration concerning the adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City. The project is subject to CEQA because it requires discretionary approval. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You are welcome to attend the meeting on May 7, 2003 or to send written comments prior to the meeting if you so desire. This notice is intended for interested parties or property owners within the project area. If you are no longer a property owner in this area, please forward this notice to the new property owner. Very juur S u ev n ilson, P.E. Director of Community Services & Water SKW:sc Attachments AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 15th day of April, 2003, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on May 7, 2003, (see attached copy) regarding an adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and publis in the City of Vernon. �l l5 - Date: Sergio ,tanales, Engineering Aide State of California )" ) ss. County of Los Angeles ) On&;� ��'M03 before me, PaPWe(l Public, personally appeared Sergio Canales, Notary personally known to me -(er known t=e-ate—en thebasisef satisfaetery _ _ idenee) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal l M4NUELAGIRON Commission # 1328374 Z Z Notary Public - Califomia z Los Angeles County OF My Comm. Epires Nov 4, j +.. AFFIDAVIT OF MAILING I, Claudia Arellano, declare as follows: 1. That I am employed in the Community Services Department in the position of Secretary to the Director of Community Services & Water. 2. That on April 16, 2003 I mailed a copy of Notice of Public Hearing, Proposed Negative Declaration, and Initial Study to be held on May 7, 2003, regarding an adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. To the owners, tenants and interested parties on the attached lists, by United States Mail with postage prepaid. Sign: (�t.� � �n STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. Date: "I�-7 le3 CITY OF VERNON ) On 2.ddz L /% QQ J before m Notary Public, personally appeared Claudia Arellano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal %D "'r"..... GLORIA J. OROSCO NComm. 11370778 jA IPNOTARY PUBLIC • CALIFORNIA N Loa Anpelee County My Comm: Explree Aug. 27, 2006 � AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 15th day of April, 2003, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held on May 7, 2003, (see attached copy) regarding an adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and pub lis in the City of Vernon. Date: 0,15 • ��,(7 Sergia(_ranales, Engineering Aide State of California ) ) ss . County of Los Angeles On ( 1 M03 before me, f''(ap- of w 61r-P' 4 Notary Public, personally appeared Sergio Canales, personally known to (eic knewli te-flfle ethe -basis -ef satis-f-aeter-y evidenee) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal MANUELAGI Commission # 1328374 Z z Notary Public - California z Los Angeles County my Comm. Expires Nov 4, 2005 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES CLAUDIA ARELLANO CITY OF VERNON COMMUNITY SERVICES & WATER DPT 4305 SANTA FE AVE VERNON CA 90058 NOTICE OF PUBLIC HEARING ADOPTION OF ORDINANCE - CITY OF VERNON ADULT BUS HEARING/CLOSE/SALE DATE: 05/07/03 The undersigned says: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the METROPOLI- TAN NEWS -ENTERPRISE, a newspaper of general cir- culation in the City of Los Angeles, the Judicial District of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165. The notice, a printed copy of which appears hereon, was published on the following date(s): Apr 16, 2003 I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on 04/16/03. signature METROPOLITAN NEWS -ENTERPRISE 210 S. Spring St. Los Angeles, CA 90012 Phone: 213-346-0033 Fax: 213-687-3886 Cust. Num.: 011482 Control Num.: 677078 Cust. Ref Num.: I IIIII IN 111111118III IIIII Ifil IN NOTICE TO PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall, City Council Chambers, 4305 Santa Fe Avenue, Vernon, CA 90058 DATE & TIME: Wednesday, May 7, 2003, at 5:00 pm. (or as soon thereafter as the matter can be heard) PURPOSE: To consider: 1. The adoption of an ordinance amend- ing the Comprehensive Zoning ordinance of the City of Vemon to establish zoning regula- lions for adult or sexinally oriented bnainesses or similar businesses within the City and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environ- ment. A copy of the proposed ordinance and proposed negative declaration will he available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 15, 2003 to May 7, 2003. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m on May 7, 2003. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance" amending the Comprehensive Zoning Ordinance, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meetiq Dated April 14, 2003 BRUCE V. MALKENHORST City Administrator/City Clerk CN677078 Apr16,2003 Page I of I Metropolitan News Company' .•` P.O. Box 60859, Los Angeles, Ca 90060 Number G677078 Phone: (213) 346-0033 Fax: (213) 687-3886 Date 04/16/03 Page 1 of Customer Number 011482 p,pR 2 1. Z003 Customer Reference Services ©mmu�►�ty CLAUDIA NOTICE smE��R>r'GTo CITY OF VERNON CON AMENDMENTS TO COMPREHENSIVE COMMUNITY SERVICES & WATER DPT ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT 4305 SANTA FE AVE NEGATIVE DECLARATION VERNON CA 90058 The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall, City Council Chambers, 4305 Santa Fe Avenue, Vernon, CA 90058 - DATE & TIME: Wednesday, May 7, 2003, at 5:00 p.m. (or as soon thereafter as the '.•iii`V `�� :.:'':::�:<:"a::-::.::: ••: •::-t:'::•-. '-> a:•:. matter can be heard) PURPOSE: P T o consider: .•::::::-:-:::::.-...:.:.---..._.:.::.:,::.::::::.t.:.,:::.,,:�.:<:<:...<..� _«:<..:<:::.<.<.:..� .:. t�..:.:..�.�----... .....�: i. The adoption of an ordinance amend- ing the Comprehensive Zoning Ordinance of the City of Vernon to establish, zoning regula- NOTICE OF PUBLIC HEARING 65.00 dons for adult or sexually oriented businesses or similar lxisinesses within the City, and ADOPTION OF ORDINANCE - CITY OF VERNON 2. Therecommeadation from the Vernon Director of Community Services &. Water ***5 INCHES X $13.00*** Department to adopt a Negative Declaration in PAPER: METROPOLITAN NEWS -ENTERPRISE accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will N.:}:•::�r:.::.,;.;r.;-;r.;...rr:+``:.::.1::.::..:, ":i7i'":'t:Jri:t}}{:-"`r='r:'.j:ii f!v': !.•i ':i�%:{f/+!•. not have a significant effect on the environ- mellt. A the ::#:'•::5::t<x••::.o.:=:�f:�.r:f:#�<•f?��?E2 ;::;:;�•`•::..r:-::, :.�:}..�: - copy of proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon coinumnity Services &Water Our company extends credit, at its discretion, only to law firms, Department, located at 4305 Sawa Fe Avenue, Vernon, California, from April 15, 2003 to banks, escrow companies, and advertising agencies. It is to those May7, 2003. concerns — and not their clients or customers — to which credit is The public is also invited to submit written comments prior to the hearing. You extended. They are liable for all charges, irrespective of whether may submit written comments on the proposed payment is recovered by them from their client or Customer. negative declaration until 5:00 p.m. on May 7, 2003. Comments received after that date may Charges may include filing fees, processing fees, or other costs in not receive Rill consideration. addition to publication cost. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you may be limited to Fed LD. 95-3034078 Terms: Net 30 Days else seat � those de�i�in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Dated: April 14, 2003 BRUCE V. MALKENHORST City AdministratorlCdy, Clerk CN677078 Apr 16, 2003 Thank you for your business. Metropolitan News Company P. O. Box 60859, Los Angeles, Ca 90060 Phone: (213) 346-0033 Fax: (213) 687-3886 Customer Name CITY OF VERNON Customer Number 011482 Customer Reference APPROVED FOR PAYMENT a► -re � -L Z � �3 A EL KEVIN WILSON DIRECTOR COMMUNITY SERVICES PAYMENT COUPON Inv Num G677078 Inv Date 04/16/03 Inv Amt $65.00 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES. CLAUDIA ARELLANO NOTICE To PUBLIC HEARING TO CONSIDER OF VERNON AMENDNENTCITY ZONING ORDI ANNCEH�xsrvE COMMUNITY SERVICES & WATER DPT AND NOTICE oP INTENT To ADOPT NEGATIVELARATION 4305 SANTA FE AVE The City offVemon Vernon will conduct a Public CA 90058 Hearing whichVERNON ACE: V�»n City Hall, City Council Chambers, 4305 Santa Fe Avenue, Vernon, CA 90058 NOTICE OF PUBLIC HEARING DATE & TmuL: Wednesday, May 7, ADOPTION OF ORDINANCE - CITY OF VERNON - matatt�er ean be � >°� � � thereafter � "� ADULT BUS PURPOSE: To consider: 1. The adoption of an ordinance amend- ing the Comprehensive Zoning Ordinance of HEARING/CLOSE/SALE DATE: 05/07/03 the City of Vernon to establish zoning reguia- tions for adult or sexually oriented businesses or similar businesses within the City, and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental The undersigned says: Y Quality Act because the pressed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the envnon- I am over the age of 18 years and a citizen of the Meg'A copy of the proposed ordinance and arty' te t United States. I am not a o and have no interest in party proposed negative declaration will be available for public review during normal business hours this matter. I am a principal clerk of the METROPOLI- in the Vernon Community Services & Water NEWS -ENTERPRISE, a newspaper of general cir- DepartmentTAN v located at 4305 15, Avenue,033 to culation in the City' of Los Angeles, the Judicial District �,r g May 3' Public is also invited to submit of Los Angeles, the County of Los Angeles, and the State written commas prior to the hearing. You of California, as adjudicated in Los Angeles Superior mgy� submit > 5 00 omments r m. n hfiypropo7,7, Court Case No. 601165. The notice, a printed copy of 2003. Commemts received after that date may not receive full consideration. which appears hereon, was published on the following If a chall ng �„ he date(s): Apr 16, 2003 ordinance prehensive zoning ordinance, you may be limited to raising only those issues you or someone else raised at the public hearing described in this I declare under penalty of e ' that the foregoing is p t3r p 17mY g g notice or in written correspondence delivered to the City of Vernon at, or prior to, the true and correct. Executed at Los Angeles, California on 04/16/03. Ira 14, 2003 BRUCE V. MALKENHORST J � City Administrator/City Clerk CN677078 Apr 16, 2003 7 signature METROPOLITAN NEWS -ENTERPRISE 210 S. Spring St. Los Angeles, CA 90012 Phone: 213-346-0033 Fax: 213-687-3886 Cust. Num.: 011482 Control Num.: 677078 Cust. Ref Num.: 1111111111111INNh1111111111 Page I of I CITY OF VERNON INITIAL STUDY 1. Project Title: Adult or Sexually Oriented Businesses and Zoning Code Amendment 2. Lead Agency Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 3. Contact Person and Phone Number: Samuel Kevin Wilson (323) 583-8811 4. Project Location: City of Vernon 5. Project Sponsor's Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 6. General Plan Designation: All Zones affected M-Zone, M2-Zone, and CM -Zone 7. Zoning: All Zones affected M-Zone, M2-Zone, and CM -Zone 8. Description of Project: The City of Vernon has proposed an ordinance requiring Adult or Sexually Oriented Businesses meet certain Zoning and licensing requirements. 9. Other agencies whose approval is required (and permits needed): None. LE -1- Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this point, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ Population and Housing ❑ Geophysical ❑ Water ❑ Transportation/Circulation ❑ Biological Resources ❑Energy and Mineral Resources ❑ Hazards ❑ Air Quality ❑ Noise ❑ Mandatory Findings of Significance Determination. On the basis of this initial evaluation: ❑Public Services . ❑ Utilities and Service Sys. ❑Aesthetics ❑Cultural Resources ❑ Recreation I find that the proposed ordinance COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed ordinance could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the proposed ordinance. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed ordinance MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed ordinance MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. -a3 Signature Date Samuel Kevin Wilson City of Vernon Printed Name For -2- n ENVIRONMENTAL CHECKLIST FORM Potentially Potentially Significant Significant Unless Impact Mitigated I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ Less Than Significant No Impact Impact ❑ X ❑ X a and b. This ordinance will encompass the entire City of Vernon and therefore incorporates all the zoning designations in it. The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed ordinance will enhance current regulations regarding Adult or Sexually Oriented businesses in order to protect the health, safety and welfare of the community. Therefore, will not conflict with any environmental plans or policies. c) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? 0 ❑ ❑ X c. The City of Vernon is an industrial city with no agricultural land use within its boundaries. Therefore, the proposed ordinance, will not affect agricultural resources or operations. d) Disrupt or divide the physical arrangement of an established community (including a low income or minority community)? ❑ ❑ ❑ X d. The proposed ordinance places certain regulations on Adult or Sexually Oriented businesses and proposes to improve the safety and welfare of the community. Currently these businesses may locate anywhere in the City with little or no regulation. Therefore it is anticipated that the proposed ordinance will improve the environment of the community. -3- II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? ❑ ❑ ❑ X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? ❑ 0 ❑ X a and b. The population of the City of Vernon is approximately 90, with up to 60,000 people working in the City. The City of Vernon consists of highly industrialized and developed areas. It is anticipated that the ordinance will not impact population or housing. c) Displace existing housing, especially affordable housing? ❑ ❑ ❑ X c. The proposed ordinance will not create any new development. Thus, the proposed ordinance will not displace housing. III. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ ❑ X 0 a. The proposed ordinance will establish regulations on the zoning and licensing of Adult or Sexually Oriented businesses. If the business exceeds the traffic thresholds requiring a Conditional Use Permit, the traffic impacts will be studies and mitigated at that time. If the business does not exceed the thresholds requiring a Conditional Use Permit then the traffic impacts would be considered less than significant. b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ❑ 0 ❑ X b. No safety hazard resulting from incompatible uses are expected. c) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ X c. All sites are required to provide emergency access, as required by City codes. d) Results in inadequate parking capacity? 0 ❑ ❑ X e) Hazards or barriers for pedestrians or bicyclists? ❑ ❑ ❑ X -4- f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ X g) Rail, waterborne or air traffic impacts? ❑ ❑ ❑ X d through g. The proposed ordinance does not pertain or impact any transportation modes. IV. NOISE. Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ X b) Exposure of people to severe noise levels? ❑ ❑ ❑ X a and b. The proposed ordinance will apply to an industrial area and the surrounding manufacturing and warehousing uses are not noise sensitive. For all facilities constructed in Vernon it is standard procedure to require that they comply with OSHA. The proposed ordinance will not have a direct affect on the level of noise throughout the City. Therefore, it is not expected to cause any significant noise impacts to neighboring businesses. V. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ X b) Police protection? ❑ ❑ X ❑ c) Schools? ❑ ❑ ❑ X a through c. The proposed ordinance will apply to a highly industrialized and developed area. The proposed ordinance will not pose a need for new or altered fire, or school services within the City of Vernon. The proposed regulations restrict the proximity of Adult or Sexually Oriented businesses to sensitive uses or to another Adult or Sexually Oriented business. The current zoning regulations would allow an Adult or Sexually Oriented business anywhere in the City. Therefore it is anticipated that policing activity may be slightly diminished in regards to ensuring the welfare of the community. Code enforcement officials may slightly increase their workload in order to enforce the new regulations. It is anticipated that no additional police officers or City staff will be necessary to enforce the regulations contained in the proposed ordinance, however, the workload of existing officers and staff may increase due to the proposed regulations. VI. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ❑ b) Have a demonstrable negative aesthetic effect? ❑ -5- ❑ ❑ X ❑ X ❑ a and b. The proposed ordinance will apply to an extensively urbanized with industrial buildings and accessory structures, and does not provide any scenic vista open to the public. The proposed ordinance contains regulations that are designed to mitigate the negative aesthetic effects of Adult or Sexually Oriented businesses. VII. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? ❑ ❑ ❑ X b) Seismicity: ground shaking or liquefaction? ❑ ❑ ❑ X c) Seismicity: seiche or tsunami? ❑ ❑ ❑ X d) Landslides or mudslides? ❑ ❑ ❑ X e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? ❑ ❑ ❑ X f) Subsidence of the land? ❑ ❑ ❑ X g) Expansive soils? ❑ ❑ ❑ X h) Unique geologic or physical features? ❑ ❑ ❑ X a through h. The proposed ordinance has no impact on the geophysical nature of the City. The topography of the City of Vernon is relatively level. Although there are no known earthquake faults in the City, Vernon is in a seismically active region and several faults in the area are likely to cause moderate ground shaking in Vernon. To ensure life safety, all new construction shall be required to be in compliance with (Zone 4) seismicity requirements of the Uniform Building Code. There will not be any significant changes to the geologic substructure or topography. VIII. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. ❑ ❑ ❑ X b) Exposure of people or property to water related hazards such as flooding? ❑ ❑ 0 X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ X d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ X e) Changes in currents, or the course or direction of water movements? ❑ ❑ ❑ X -6- f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ❑ 0 ❑ X g) Altered direction or rate of flow of groundwater? ❑ ❑ ❑ X h) Impacts to groundwater quality? ❑ ❑ 0 X a through h. The proposed ordinance will have no impact on the hydrology, water quality or water consumed in the City. IX. AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ ❑ ❑ X b) Expose sensitive receptors to pollutants? ❑ 0 ❑ X c) Alter air movement, moisture, or temperature, or - cause any change in climate? ❑ ❑ ❑ X d) Create objectionable odors? ❑ ❑ ❑ X a through d. The proposed ordinance will have no impact on air quality. The City of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600- square mile area within Orange County, non -desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quality Management District ("AQMD") at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico.Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. X. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and bids)? ❑ ❑ ❑ X b) Locally designated species (e.g. heritage trees)? ❑ ❑ ❑ X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ X -7- e) Wildlife dispersal or migration corridors? 0 ❑ ❑ X a through e. Vernon is in a highly developed industrial area. The proposed ordinance will not affect such resources. XI. ENERGY AND MINERAL RESOURCES: Would the proposal. a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ X a. All the existing buildings shall comply with all appropriate local and state energy conservation regulations. b) Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ X b. The proposed ordinance will have no impact on energy consumed or mineral resources. XII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to oil, Pesticides, chemicals or radiation)? ❑ ❑ ❑ X b) Possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X c) The creation of any health hazard or potential health hazard? ❑ ❑ ❑ X d) Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ X e) Increased fire hazard in areas with flammable brush, grass, or tees? ❑ ❑ ❑ X a through e. The proposed ordinance will not result in any additional hazards. The local Certified Unified Program Agency (CUPA) regulates use and storage of hazardous materials at any facility within the City of Vernon, which is the City of Vernon Environmental Health Department. All facilities within the City are regularly inspected by the Vernon Fire and Environmental Health Departments for code violations. The inspections are made to reduce the potential for urban fires and chemical releases. The Vernon Fire Department has a fully manned hazardous materials unit. All personnel are trained in hazardous material response. The proposed existing regulations and permitting requirements will be adhered to by the facility and this compliance will reduce potential hazards to less than significant levels. If required, a Hazardous Materials Establishment Permit, as required of all facilities within the City, must be -8- submitted to and approved by the City of Vernon Environmental Health and Fire Departments. A Hazardous Materials Establishment Permit shall include, but not be limited to, instruction and on-the-job training of employees to identify and handle hazardous materials and shall be conducted by an individual knowledgeable in hazardous materials management. These requirements are standard requirements of facilities located within the City of Vernon to regulate the handling and storage of hazardous materials involved in the everyday function of non -hazardous businesses. Therefore, this impact will be less than significant. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? 0 ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X a through L The proposed ordinance will not substantially alter the need for utility services. XIV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? ❑ ❑ ❑ X b) Affect existing recreational opportunities? ❑ ❑ ❑ X a and b. The proposed ordinance will not result in an increase in residential population in Vernon. No impact on the demand for recreation opportunities is anticipated. XV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ❑ ❑ ❑ X b) Disturb archaeological resources? ❑ ❑ ❑ X c) Affect historical resources? ❑ ❑ ❑ X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ X e) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ X -9- a through e. Vernon is highly industrialized; no known unique historic, archeological, paleontological ethnic cultural resources, or religious or sacred uses exist in the project area. Therefore, no impact is expected. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ X a. The City of Vernon is primarily made up of industrial and distribution type facilities with limited plant life. Plant life is limited to non-native and ornamental species, which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. There is no evidence or important examples of major periods of California history in Vernon. Therefore, the proposed ordinance will create no impact. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ❑ ❑ ❑ X b. There will not be an impact on long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) ❑ ❑ X ❑ c. Currently Adult or Sexually Oriented businesses are allowed anywhere in the City. The proposed ordinance evokes regulations which limit the location of these types of businesses. Cumulative impacts from this proposed ordinance and proposed nearby projects were considered. The proposed ordinance will not cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors. Therefore, the cumulative impact will be less than significant. -10- d) Does the project have environmental effects which will cause substantial adverse effects on human - beings, either directly or indirectly? ❑ ❑ X ❑ d. The proposed ordinance places certain regulations on Adult or Sexually Oriented businesses and proposes to improve the safety and welfare of the community. Currently these businesses may locate anywhere in the City with little or no regulation. Therefore it is anticipated that the proposed ordinance will improve the environment of the community. -11- City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-8811 CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPOSED NEGATIVE DECLARATION LEAD AGENCY: PROJECT TITLE: PROJECT LOCATION: PROJECT DESCRIPTION: City of Vernon City of Vernon 4305 Santa Fe Avenue The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses;or similar businesses within the City. The project is subject to CEQA because it requires discretionary approval. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. ®09IS .►asel slagej ssaippd @AM3AVG City of Huntington Park Planning Department 6550 Miles Avenue Huntington Park, CA 90255 Lucille Roybal-Allard Congresswoman 255 E. Temple St., Ste 1860 Los Angeles, CA 90012 L.A. Unified School District Real Estate & AMBERU 355 S. Grand Ave., Ste 500 Los Angeles, CA 90071 L.A. County Board of Supervisors - Director of Planning Joseph R. Garruba Ms. Guiterrez James Herd — Room 1390 California Portland Cement Co. 924 S. Mott Street 320 W. Temple Street 2025 E. Financial Way Los Angeles, CA 90023 Los Angeles, CA 90012 _ Glendora, CA 91740 South Coast Air Quality Mgmt District John Kinas Sidney R. Title 21865 E. Copley Drive United States Aluminum Market Properties, Inc. Diamond Bar, CA 91765 3663 Bandini Boulevard 5245 Pacific Concourse, Ste 190 Vernon, CA 90023 Los Angeles, CA 90045 Brian Scanlon Gloria Molina H.P. Long L.A. County Public Works Board of Supervisors Sweetener Products Mapping & Property Mgmt. 900 S. Fremont Avenue, 10�' Floor 500 W. Temple St., Ste 8S6 _ to 2050 E. 38 Street Alhambra, CA 91803 Los Angeles, CA 90012 Vernon. CA 90058 City of Commerce Dave Karrker Ellen Orlando Planning Department California Water Service Karen Lehrer 2535 Commerce Way 5243 E. Sheila Street 2300 E. 1 la' Street Commerce, CA 90040 Commerce, CA 90022 Los Angeles, CA 90021 City of Bell J.J. Little Connie M. Carrasco, President Planning Department J.J. Little Company, Inc. Chem -Tech Systems, Inc. 6330 Pine Street 9945 Malgar Drive 3650 E. 26`s Street Bell, CA 90201 Whittier, CA 90603 Vernon, CA 90023 City of Cudahy L.R. Luppen City of Long Beach Planning Department Metal Products Engineering Office of the City Manager 5220 Santa Ana Street 3050 Leonis Boulevard 333 W. Ocean Blvd., 13t` floor Cudahy, CA 90201 Vernon, CA 90058 Long Beach, CA 90802 L.A. County Sanitation District Elkay Plastics Company, Inc. Bernard Huberman or Daniel P.O. Box 4998 Attn: Brent P. Chappell Rosenthal BLT Enterprises Whittier, CA 90607 P.O. B ox 23008 2201 E. Washington Blvd. Vernon, CA 90023 Los Angeles, CA 90021 City of Maywood Marco Firebaugh E.J. Contreras Planning Department State Assemblyman Owens -Brockway 4319 Slauson Avenue 7501 Atlantic Ave., Ste D 2901 Fruitland Avenue Maywood, CA 90270 Cudahy, CA 90201 Vernon, CA 90058 Robert J. Niccum Dolores Petullo Ron Matik L.A. Unified School District Chamber of Commerce 33292 Pleasant Oak Drive 1425 S. San Pedro St., Rm 101 3801 Santa Fe Avenue Springvalle, CA 93265 Los Angeles, CA 90015 Vernon, CA 90058 0091S aoj a;eldwa; asp w1s1a84S paaA 410OWS ®09IS aasel slagej ssaippV ®A'U3AV James H. Hillands Heger Realty Corp. 5657 E. Washington Blvd. Los Angeles, CA 90040 Local Government Information Svcs. P.O. Box 10448 Arlington, Virginia 22210-1448 JVL BOOKS, INC. 1157 SWEETER ROAD SPRINGS VALLEY, CA 91977 CLYDE DEWITT ATTORNEY AT LAW 12121 WILSHIRE BUNDY PLAZA SUITE 900 LOS ANGELES, CA 90025-1176 ,C.(19LS .lO1 midwal asn Q,9!1110. .,9fh . �.,...,..... 4 pF VERB O•. �, pZ c �e e BjVPLY /NOJ COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce V. Malkenhorst, City Administrator FROM: Samuel Kevin Wilson Director of Community Services & Water DATE: April 14, 2003 SUBJECT: Zoning Ordinance Amendment regarding Adult -Oriented Businesses The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City. The project is subject to the California Environmental Quality Act (CEQA). It is recommended that a public hearing for this amendment be held on May 7, 2003. SKW:sc CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPOSED NEGATIVE DECLARATION LEAD AGENCY: PROJECT TITLE: PROJECT LOCATION: PROJECT DESCRIPTION: City of Vernon City of Vernon 4305 Santa Fe Avenue The City of Vernon is proposing to adopt an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City. The project is subject to CEQA because it requires discretionary approval. FINDINGS: The City Council of the City of Vernon has determined that this project will not have a significant effect on the environment. NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Wednesday, May 7, 2003, TIME: at 5:00 p.m. (or as soon thereafter as the matter can be heard) PURPOSE: To consider: 1. The adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 15, 2003 to May 7, 2003. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on May 7, 2003. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Dated: April 14, 2003 BRUCE V. MALKENHORST, City Administrator/City Clerk . 10 NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Wednesday, May 7, 2003, TIME: at 5:00 p.m. (or as soon thereafter as the matter can be heard) PURPOSE: To consider: 1. The adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and 2. The recommendation from the Vernon Director of Community Services &Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 15, 2003 to May 7, 2003. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on May 7, 2003. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Dated: April 14, 2003 BRUCE V. MALKENHORST, City Administrator/City Clerk e /i Ll CITY COUNCIL y LEONIS C. MarARRA THOMAS A Mayor Pr Tern ell WM. "BILL" A j 1 CouncilipAn d H. "LARRY" NZALF� Councilman W. MICHAEL MCCORMICK Councilman AA EDUARDO OLIVO City Attorney FAX: (562) 869-1883 BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX (323) 826-1438 TELEPHONE (323) 583-8811 April 30, 2003 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The City of Vernon is proposing to adopt an ordinance amending the City Code and Business Permit of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City. Herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting, mailing and Declaration of Publication, Notice of Intent. 3. Environmental Checklist Form and Initial Study. 4. Proposed Negative Declaration. The project is consistent with the City of Vernon Comprehensive Zoning Ordinance and the City of Vernon General Plan as adopted by the City of Vernon. Honorable City Council Page 2 April 30, 2003 Therefore, it is recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. After review of the supporting evidence by the Community Services Department, it is recommended that Ordinance No. 1094 be approved. It is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a DeMinimus Finding be filed with the County Clerk. Respec y bmitted, S e ilson, P.E. Director of Community Services & Water SKW/sc Attachments cc: City Attorney NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Wednesday, May 7, 2003, TIME: at 5:00 p.m. (or as soon thereafter as the matter can be heard) PURPOSE: To consider: 1. The adoption of an ordinance amending the Comprehensive Zoning Ordinance of the City of Vernon to establish zoning regulations for adult or sexually oriented businesses or similar businesses within the City; and 2. The recommendation from the Vernon Director of Community Services & Water Department to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed amendments to the Comprehensive Zoning Ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from April 15, 2003 to May 7, 2003. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on May 7, 2003. Comments received after that date may not receive full consideration. If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Dated: April 14, 2003 BRUCE V. MALKENHORST, City Administrator/City Clerk s STAFF REPORT ADULT OR SEXUALLY ORIENTED BUSINESSES (May 7, 2003) On February 5, 2003, the City Council of the City of Vernon enacted Ordinance No. 1091, establishing a moratorium which prohibited the acceptance of applications for, or the issuance of, permits for any conditional use permits, building permits, occupancy permits, business licenses, or any other permit required under the Vernon Municipal Code ("the Code") for any Adult -Oriented Businesses. The moratorium on the acceptance of applications for or issuance of permits for Adult -Oriented Businesses was extended by Ordinance No. 1092. (March 19, 2003) The purpose of the moratorium was to enable the City to study applicable planning and zoning alternatives and the permissible and appropriate regulations that may be imposed on Adult Oriented Businesses in the City and to study the consequences of Adult Oriented Businesses on public safety and other deleterious effects of such businesses on the community. The protection of health, welfare and safety of the community are some of the things which are part of the stated purpose for the development of land use regulations. The City of Vernon's Comprehensive Zoning Ordinance (adopted by Ordinance No. 982 on April 18, 1989 and Ordinance No. 973 on May 2, 1989), which is codified as Chapter 26 of the Vernon City Code, does not contain locational criteria for Adult or Sexually Oriented Businesses in the City. Therefore, there is currently a need to enact zoning regulations for Adult or Sexually Oriented Businesses in the City. The City of Vernon's current ordinance on Business License Taxes and Other City Taxes, which is codified as Chapter 5 of the Vernon City Code, does not set forth any operating standards for Adult or Sexually Oriented Businesses. Therefore, there is currently a need to enact special regulations to establish operating standards for Adult or Sexually Oriented Businesses in the City. It is not the goal to restrict or regulate the content of constitutionally protected speech, but only to regulate Adult or Sexually Oriented Businesses to mitigate the adverse secondary effects linked to such businesses. 1 o SUMMARY OF GOALS AND POLICIES "The thrust of the special regulation of Adult or Sexually Oriented Businesses is twofold. First, the goals and policies determine appropriate areas where the City will permit Adult or Sexually Oriented Businesses to operate in the City subject to separation requirements and second, to require operating standards for such businesses, including approval of such businesses and their employees through a regulatory licensing process." GOALS AND POLICIES GOAL 1 ALLOW ADULT OR SEXUALLY ORIENTED BUSINESSES TO OPERATE IN APPROPRIATE LOCATIONS IN THE CITY POLICY 1.1: Permit Adult or Sexually Oriented Businesses to operate in the City. POLICY 1.2: Prohibit Adult or Sexually Oriented Businesses from locating near residential, recreational, religious, educational or similar public assembly areas, bars, taverns, pool halls, liquor stores, or any other Adult or Sexually Oriented Business. POLICY 1.3: Prohibit the establishment or maintenance of more than one Adult or Sexually Oriented Businesses on the same property. POLICY 1.4: Allow a reasonable time for the amortization of non -conforming Adult or Sexually Oriented Business uses in the City. POLICY 1.5: Provide adequate alternative sites within the City for Adult or Sexually Oriented Businesses to locate. GOAL 2 REGULATE THE OPERATIONS OF ADULT OR SEXUALLY ORIENTED BUSINESSES INCLUDING APPROVAL OF SUCH BUSINESSES AND THEIR EMPLOYEES THROUGH A REGULATORY LICENSING PROCESS POLICY 2.1: Require all Adult or Sexually Oriented Businesses and their employees to apply for and obtain permits from the City. 2 POLICY 2.2: Require an investigation of all owners and operators of Adult or Sexually Oriented Business and their employees. POLICY 2.3: Restrict the hours of operation of Adult or Sexually Oriented Businesses. POLICY 2.4: Prohibit minors from entering any Adult or Sexually Oriented Business. POLICY 2.5: Prohibit public nudity, sex acts, and sale or consumption of liquor at any Adult or Sexually Oriented Business. POLICY 2.6: Require all areas of Adult or Sexually Oriented Businesses to which patrons are permitted, except restrooms, to be open to view by the management at.all times. POLICY 2.7: Prohibit the interior of any Adult or Sexually Oriented Business from being observable from any public way or location outside the building. POLICY 2.8: -Require minimum lighting levels for the interior and exterior of -every Adult or Sexually Oriented Business. POLICY 2.9: Require sufficient sound absorbing insulation for every Adult or Sexually Oriented Business. POLICY 2.10: Require every Adult or Sexually Oriented Business which has restroom facilities for its patrons to provide separate restroom facilities. POLICY 2.11: Require all Adult or Sexually Oriented Businesses to have adequate security to monitor the premises and/or to prevent illegal conduct. POLICY 2.12: Require the premises of all Adult or Sexually Oriented Businesses to be subject to inspection at any time by City staff to ensure compliance with the Vernon City Code and other laws. POLICY 2.13: Impose adequate remedies and penalties for any violation of the Vernon City Code or other laws or for falsification of permit information. 3 POLICY 2.14: Provide an adequate hearing and/or appeal process in the event of a denial, suspension or revocation of a permit. The Community Services Department was asked to recommend legislative changes which will assist Vernon in regulating Adult or Sexually Oriented Businesses in the City. City staff reviewed court cases, planning guidelines of the American Planning Association and studies in other cities on the effects of Adult Oriented Businesses which were summarized as follows: 1. LAND USE STUDY: GARDEN GROVE, CA DATED: SEPTEMBER 12, 1991 OVERVIEW: This report by independent consultants summarizes statistical analyses to determine a basis for adult business regulations because of their negative impact on the community in terms of crime, decreased property values and diminished quality of life. Statistics were measured from 1981- 90 and included crime data, and surveys of real estate professionals and city residents. The report includes a brief legal history of adult business regulation and an extensive appendix with samples, materials and a proposed statute. CRIME: Crime increased significantly with the opening of an adult business, or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (termed "Part I" crimes: homicide, rape, robbery, assault, burglary, theft and auto theft). On Garden Grove Boulevard, the 7 adult businesses accounted for 36% of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300% the next year. REAL ESTATE: Overwhelmingly, respondents said that an adult business within 200-500 feet of residential and commercial property depreciates the property value. The greatest impact was on single family homes., The chief factor cited for the depreciation was the increased crime associated with adult businesses. HOUSEHOLD SURVEYS. 118 calls were completed in a random sample of households in the Garden Grove Boulevard vicinity. The public consensus was that adult businesses on Garden Grove Boulevard were a serious problem. Nearly 25% of the surveyed individuals lived within 1,000 feet of an adult business. More than 21% cited specific personal experiences of problems 4 relating to these businesses, including crime, noise, litter, and general quality of life. 80% said they would want to move if an adult business opened in their neighborhood, 60% saying they "would move" or "probably would move." 85% supported city regulation of the locations.of adult businesses, with 780 strongly advocating the prohibition of adult businesses within 500 feet of a residential area, school or church. Women commonly expressed fear for themselves and their children because of adult businesses. RECOMMENDATION: The report concludes that adult businesses have "real impact" on everyday life through harmful secondary effects and makes four recommendations: (1) Keep current requirement of 1,000 feet separation between adult businesses; (2) Prohibit adult establishments within 1,000 feet of residential areas; (3) Enact a system of conditional use permits for adult businesses with Police Department.involvement in every aspect of the process; and (4) Prohibit bars/taverns within 1,000 feet of an adult business. 2. LAND USE STUDY: TUCSON AZ DATED: MAY 1, 1990 OVERVIEW: This report is a memorandum from Police Department Investigative Services to the City Prosecutor describing events and activities at "adult entertainment bookstores and establishments" that support stronger ordinances. Investigations had been in progress since 1986 following numerous complaints of illegal sexual activity and unsanitary conditions. FINDINGS: Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where, for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require customers to expose themselves before they would perform. Underage dancers were found, the youngest being a 15 year old female. Within peep booths, officers found puddles of semen on the floor and walls. If customers had used tissues, these were commonly on the floor or in the hallway. On two occasions, fluid samples were collected from the booths. In the first instance, 21 of 26 samples (810) tested positive for semen. In 5 the second sampling, 26 of 27 fluid samples (960) tested positive for semen. "Glory holes" in the walls between adjoining booths facilitated anonymous sex acts between men. RECOMMENDATIONS: (1) The bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from waist down when seated. (2) The booth cannot be modified nor can a chair be used to circumvent the visibility of the client. (3) Employee licensing that includes a Police Department background check. (4) In the event of a denied or revoked license, the requirement of a hearing before any action is taken. 3. LAND USE STUDY: SEATTLE, WA DATED: MARCH 24, 1989 OVERVIEW: The report concerns a proposed amendment to add topless dance halls to existing land use regulations for "adult entertainment establishments." Seattle had eight such dance halls (termed "adult cabarets"), six established since 1987. The study relies on reports from a number of cities, including Indianapolis, Los Angeles, Phoenix, Austin and Cleveland. FINDINGS: The increased number of cabarets resulted in citizen complaints, including phone calls, letters (from individuals and merchants associations), and several petitions with hundreds of signatures. Protests cited decreased property values; increased insurance rates; fears of burglary, vandalism, rape, assaults, drugs, and prostitution; and overall neighborhood deterioration. The report notes that patrons of these cabarets most often are not residents of nearby neighborhoods. Without community identity, behavior is less inhibited. Increased police calls to a business, sirens, and traffic hazards from police and emergency vehicles are not conducive to healthy business and residential environments. RECOMMENDATIONS: Since city zoning policy is based on the compatibility of businesses, the report recommends that the cabarets locate in the same zones as "adult motion picture theaters." This plan allows about 130 acres for such businesses to locate throughout the city. 4. LAND USE STUDY: AUSTIN, TX DATED: MAY 19, 1986 OVERVIEW: The report was the basis for developing an amendment to existing sexually oriented business ordinances. At N. the time, 49 such businesses operated in Austin, mostly bookstores, theaters, massage parlors and topless bars. The study examined crime rates, property values, and trade area characteristics. The report focused on sexually related crimes in four study areas (with sexually oriented businesses) and four control areas (close to study areas and similar). Two study areas had one sexually oriented business and the others had two such businesses. To determine the effects of these businesses on property values, the city sent surveys to 120 real estate appraising or lending firms (nearly half responded). For trade area characteristics, 3 businesses (a bookstore, theater and topless bar) were observed on a weekend night to determine customer addresses. CRIME: Sexually related crime ranged from 177-482% higher in the four study areas than the city average. In the two study areas containing two sexually oriented businesses, the rate was 66% higher than in the study areas with one such business. All control areas had crime rates near the city average. REAL ESTATE: 88% said that a sexually oriented business within one block of a residential area decreases the value of the homes (33% said depreciation would be at least 20%). Respondents also said such a business is a sign of neighborhood decline, making underwriters hesitant to approve the 90-95 financing most home buyers require. They said commercial property is also negatively effected by such businesses. TRADE AREA CHARACTERISTICS: Of 81 license plates traced for owner address, only 3 lived within one mile of the sexually oriented business. 44% were from outside Austin. RECOMMENDATIONS: (1) Sexually oriented businesses should be limited to highway or regionally -oriented zone districts. (2) Businesses should be dispersed to avoid concentration. (3) Conditional use permits should be required for these businesses. 5. LAND USE STUDY: OKLAHOMA CITY, OK DATED: MARCH 3, 1986 OVERVIEW This study contains the results of a survey of 100 Oklahoma City Real Estate Appraisers. Appraisers were given a hypothetical situation and a section to comment on the effects of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood r] bordering an arterial street with various commercial properties which served the area. A building vacated by a hardware store was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a one month response time, 34 completed surveys were received by the city. FINDINGS: 32% of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20%. Overwhelmingly, respondents said an "adult" bookstore would negatively effect other businesses within one block (76%). The level of depreciation is greater for residences than businesses. The negative effects on property values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86% of the respondents noted a negative impact on sexually oriented businesses on Oklahoma City. Frequent problems cited by the appraisers included the attraction of undesirable clients and businesses, safety threats to residents and other shoppers (especially children), deterrence of home sales and rentals, and immediate area deterioration (trash, debris, vandalism). CONCLUSIONS: Oklahoma City's findings supported results from other national studies and surveys. Sexually oriented businesses have a negative effect on property values, particularly residential properties. The concentration of sexually oriented businesses may mean large losses in property values. 6. LAND USE STUDY: INDIANAPOLIS, IN DATED: FEBRUARY 1984 OVERVIEW: After a 10 year growth in the number of sexually oriented businesses (to a total of 68 of 43 sites) and numerous citizens complaints of decreasing property values and rising crime, the city compared 6 sexually oriented business "study" areas and 6 "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residences. In order to develop a "best professional opinion," the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of sexually oriented businesses on adjacent properties. CRIME: From 1978-82, crime increases in the study areas were 23% higher than the control areas (46% higher than the city N. as a whole). Sex related crimes in the study areas increased more than 20% over the control areas. Residential locations in the.study areas had a 56% greater crime increase than commercial study areas. Sex related crimes were 4 times more common in residential study areas than commercial study areas with sexually oriented businesses. REAL ESTATE: Homes in the study areas appreciated at only 1/2 the rate of homes in the control areas, and 1/3 the rate of the city. "Pressures within the study areas" caused a slight increase in real estate listings, while the city as a whole had a 50% decrease, denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within 1 block of residences and businesses decreased their value and half of the respondents said the immediate depreciation exceeded 100. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than on commercial locations. The report concludes: "The best professional judgment available indicates overwhelmingly that adult entertainment businesses --even a relatively passive use such as an adult bookstore --have a serious negative effect on their immediate environs." RECOMMENDATIONS:Sexually oriented businesses locate at least 500 feet from residential areas, schools, churches or established historic areas. 7. LAND USE STUDY: HOUSTON, TX DATED: NOVEMBER 3, 1983 OVERVIEW: Report by the Committee on the Proposed Regulation of Sexually Oriented Businesses determining the need and appropriate means of regulating such businesses. Four public hearings provided testimony from residents, business owners, realtors, appraisers, police, and psychologists. The committee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refined for vote by the City Council. TESTIMONY: The testimony was summarized into six broad premises: (1) The rights of individuals were affirmed. (2) Sexually oriented businesses could exist with regulations that minimize their adverse effects. (3) The most important negative effects were on neighborhood protection, community enhancement, and property values. (4) Problems increased when these businesses were concentrated. (5) Such businesses contributed 9 to criminal activities. (6) Enforcement of existing statutes was difficult. ORDINANCE: (1) Required permits for sexually oriented businesses (non-refundable $350 application fee). (2) Distance requirements: 750 ft. from a church or school; 1,000 ft. from other such businesses; 1,000 ft. radius from an area of 750 residential concentration. (3) Amortization period of 6 months that could be extended by the city indefinitely on the basis of evidence. (4) Revocation of permit for employing minors (under 17), blighting exterior appearance or signage, chronic criminal activity (3 convictions), and false permit information. (5) Age restrictions for entry. 8. LAND USE STUDY: BEAUMONT, TX .DATED: SEPTEMBER 14, 1982 . OVERVIEW: This report by the city Planning Department encourages amendments to existing "adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment (strippers, etc.). Zoning laws required "adult uses" to locate 500 ft. from residential areas; 300 ft. from any other adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 ft. from a church, school, park, or recreational facility where minors congregate. CRIME: Police verified that bars, taverns, and lounges (especially those with sexually oriented entertainment) are frequent scenes of prostitution and the sale/use of narcotics. On the whole, all criminal activity was higher at sexually oriented businesses. RECOMMENDATIONS: (1) Add eating/drinking places that exclude minors (under Texas law), .unless accompanied by a consenting parent, guardian or spouse. (2) Require specific permits for areas zoned as General Commercial -Multiple Family Dwelling Districts. (3) Reduce the required distance of sexually oriented businesses from residential areas, schools, parks, and recreational facilities from 1,000 to 750 feet because of concerns that'the 1,000 foot requirement limited sexually oriented businesses to undesirable portions of the city. 10 9. LAND USE STUDY: MINNEAPOLIS, MN DATED: OCTOBER 1980 OVERVIEW: This report is divided into two sections: the relationship of bars and crime and the impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e., saunas, adult theaters and bookstores, rap parlors, arcades, and bars with sexually oriented entertainment). Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and 1979-80. The study is strictly empirical and reported in a formal statistical manner. FINDINGS: The report concludes that concentrations of sexually oriented businesses have significant relationship to higher crime and lower property values. Other than statistical charts, no statements of actual crime reports or housing values are included in the report. RECOMMENDATIONS: First, that adult businesses be at least 1/10 mile (about 500 feet) from residential areas. Second, that adult businesses should not be adjacent to each other or even a different type of late night business (i.e., 24-hour laundromat, movie theaters]. Third, that adult businesses should be in large commercial zones in various parts of the city (to aid police patrol and help separate adult businesses from residential neighborhoods). 10. LAND USE STUDY: PHOENIX, AZ DATED: MAY 25, 1979 OVERVIEW: The study examines crime statistics for 1978 comparing areas which have sexually oriented businesses with those that do not. The results show a marked increase in sex offenses in neighborhoods with sexually oriented businesses, with modest increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas (with no sexually oriented businesses) were selected. The study and control areas were paired according to the number of residents, median family income, percentage of non-White population, median age of population, percentage of dwelling units built since 1950, and 11 percentage of acreage used for residential and non-residential purposes. CRIME: Three categories of criminal activity were included in the study: Property crimes (burglary, larceny, auto theft), violent crime (rape, murder, robbery, assault), and sex crimes (rape, indecent exposure, lewd and lascivious behavior, child molestation ). Average results from all three study/control areas, sex offenses were 506% greater in neighborhoods where sexually oriented businesses were located. (In one study area, sex crimes were more than 1,000% above the corresponding control area.) Property crimes were 43% greater. Violent crimes were only slightly higher (0). Even excluding indecent exposure arrests (the most common sex offense), other sex crimes (rape, lewd and lascivious behavior, child molestation) in the study areas were 132% greater than control areas. REQUIREMENTS: The Phoenix ordinance requires sexually oriented businesses to locate at least 1,000 feet from another sexually oriented business and 500 feet from a school or residential zone. Approval by the City Council and area residents can waive the 500 foot requirement. A petition which is signed by 510 of the residents in the 500 foot radius who do not object must be filed and be verified by the Planning Director. 11. LAND USE STUDY: WHITTIER, CALIFORNIA DATED: JANUARY 9, 1978 OVERVIEW: After experiencing a rapid growth of sexually oriented businesses since 1969, the Whittier City Council commissioned a study of the effects of businesses on the adjacent residential and commercial areas. At the time of the study, Whittier had 13 such businesses: 6 model studios, 4 massage parlors, 2 bookstores, and 1 theater. Utilizing statistics, testimonies, and agency reports, the study compared two residential areas and four business areas over a span of 10 years (1968-1977). One residential area was near the largest concentration of sexually oriented businesses, the other had no commercial frontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six sexually oriented businesses, Area 2 had one, Area 3 had three, and Area 4 had none. 197.3 was selected as the year to compare before/after effects of these businesses. Two chief 12 concerns cited in the report are residential/business occupancy turnovers and increased crime. OCCUPANCY TURNOVER: After 1973, 57% of the homes in the sexually oriented business area had changes of occupancy, compared to only 19% for the non -sexually oriented business area. Residents complained of "excessive noise, pornographic material left laying about, and sexual offenders (such as exhibitionists) venting their frustrations in the adjoining neighborhood. Citizens also expressed concern about drunk drivers coming into the area. Business Area 1, with the highest concentration of sexually oriented businesses (6), experienced a 134% increase in annual turnover rate. Area 3, with three adult businesses at one location, showed a 107% turnover rate. Area 2 (with 1 adult business) had no measurable change and Area 4 (with no commercial or sexually oriented businesses) experienced a 45% decrease in turnover from similar periods. CRIME: The City Council looked at the two residential areas for the time periods of 1970-73 (before sexually oriented businesses) and 1974-77 (after such businesses). In the sexually oriented business area, criminal activity increased 102% (the entire city had only an 8.3% increase). Certain crimes skyrocketed (Malicious Mischief up 700%; All Assaults up 387%; Prostitution up 300%). All types of theft (petty, grand, and auto) increased more than 120% each. Ten types of crime were reported for the first time ever in the 1974-77 period. RECOMMENDATIONS: The Council's report recommended a dispersement type ordinance that prohibits sexually oriented businesses closer than 500 feet to residential areas, churches and schools. Distances between such businesses was recommended at 1,000 feet. In addition, the study proposed a 1,000 foot separation from parks because of their use by citizens after normal working hours. Sexually oriented businesses would be given an 18-36 month amortization period (if the change involved only stock in trade, a 90 day period was recommended). 12. LAND USE STUDY: CLEVELAND, OH DATED: AUGUST 24, 1977 OVERVIEW: This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was "The Impact of Obscenity on the Total Community." Crime statistics are included for 1976 robberies and rapes. Areas evaluated were 13 census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets (8 movie houses and 18 bookstores with peep shows). Their location was not regulated by city zoning laws. FINDINGS: For 1976, study tracts had nearly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people, there were 136 robberies. In the city's largest tract (13,587 people, zero pornography outlets) there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three, there were 41 rapes in 1976 (14 per tract), nearly seven times the city average of 2.4 rapes per census tract. CONCLUSION: "Close scrutiny of the figures from the Data Processing Unit on any and every phase of the degree of crime as recorded by census tracts indicates much higher crime rate where the pornography outlets are located." 13. LAND USE STUDY: CITY OF LOS ANGELES, CA DATED: JUNE 1977 OVERVIEW: The Department of City Planning studied the effects of the concentration of sexually oriented businesses on surrounding properties for the years 1969-75 (a time of proliferation for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five "control" areas free of them), and cities data from property assessments/sales, public meeting testimony, and responses from two questionnaires (one to business/residential owners within a 500 foot radius of the five study areas and a second to realtors/real estate appraisers and lenders). Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually oriented business regulations in eleven major cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires, letters, and other study materials. PROPERTY: While empirical data from 1969-75 did not conclusively show the relation of property valuations to the concentration of sexually oriented businesses, more than 90% of realtors, real estate appraisers and lenders responding to city 14 questionnaires said that a grouping of such businesses within 500-1,000 feet of residential property decreases the market value of the homes. Also, testimony from residents and business people at two public meetings spoke overwhelmingly against the presence of sexually oriented businesses citing fear, concern for children, loss of customers and difficulty in hiring employees at non -adult businesses, and the necessity for churches to provide guards for their parking lots. CRIME: More crime occurred in areas of sexually oriented business concentration. Compared to city-wide statistics for 1969-75, areas with several such businesses experienced greater increases in pandering (340%), murder (42.3%), aggravated assault (45.2%), robbery (52.6%), and purse snatching (17%). Street robberies, where the criminal has face to face contact with his victim, increased almost 70% more in the study areas. A second category of crime, including other assaults, forgery, fraud, counterfeiting, embezzlement, stolen property, prostitution, narcotics, liquor laws, and gambling increased 42% more in the study areas over the city as a whole. RECOMMENDATIONS: The study recommended distances of more than a 1,000 feet separating sexually oriented businesses from each other, and a minimum of 500 feet separation of such businesses from schools, parks, churches and residential areas. SUMMARY OF FINDINGS Cities are entitled to rely on court cases and studies conducted by other jurisdictions when considering regulations of Adult businesses. In that regard, City staff has conducted research and has compiled various studies from various jurisdictions and various court cases, and its findings are summarized as follows: (1) Adult Oriented Businesses which enjoy First Amendment protection cannot be precluded; (2) It is appropriate to regulate Adult Oriented Businesses in order to combat the deleterious secondary effects associated with such businesses; (3) Court cases and several studies in other cities document the adverse secondary side effects of Adult Oriented Businesses, and provide evidence that: 15 (A) Adult Oriented Businesses are linked to increase in the crime rates in those areas in which they are located and in surrounding areas; (B) Both the proximity of Adult to sensitive land uses and the concentration of Adult Oriented Businesses tend to result in blight and deterioration of the areas in which they are located; (C) The proximity and concentration of Adult Oriented Businesses adjacent to residential, recreational, religious, or educational uses, as well as proximity to other Adult Oriented Business uses, can have adverse secondary effects on local businesses and residences; (D) There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by Adult Oriented Businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that Adult Oriented Businesses which are not regulated as to permissible locations or operating standards often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and (E) There is substantial evidence that Adult Oriented Businesses can have serious objectionable operational characteristics and that locational criteria alone do not adequately protect health, safety and general welfare. The studies from other cities establish convincing evidence that Adult Oriented Businesses which are not regulated as to their operation often cause, among other adverse secondary effects, increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located. RECOMMENDATIONS The Community Services Department has considered the studies in other cities on the adverse secondary effects of Adult or Sexually Oriented Businesses and court cases and American Planning Association guidelines on the legally permissible regulation of such businesses. It was determined that regulating Adult or Sexually Oriented Businesses in the City is necessary to protect health, safety and general welfare. 16 The following are the staff's recommendations on the regulation of Adult or Sexually oriented Businesses. 1. Allow Adult or Sexually Oriented Businesses to operate in the City, but require such businesses be separated by at least 1,500 feet of any residential, recreational, religious, educational or similar public assembly areas, liquor establishments, or any other Adult or Sexually Oriented Business. It is believed these separation requirements will allow Adult or Sexually Oriented Businesses to locate in approximately one-third of the City. 2. Prohibit the establishment or maintenance of more than one Adult or Sexually Oriented Businesses on the same property. 3. Allow a one year amortization period for non- conforming Adult or Sexually Oriented Business uses in the City, with the opportunity to apply for an extension. 4. Require all Adult or Sexually Oriented Businesses and their employees to apply for and obtain permits from the City. As part of the permitting process, the Police Chief will conduct an investigation of all owners and.operators of Adult or Sexually Oriented Business and their employees. 5. Require Adult or Sexually Oriented Businesses to close between the hours of 12:00 midnight and 8:00 a.m. to reduce the early -morning criminal activity occurring at and near such businesses and reduce excessive noise and disorderly conduct in the community in the early morning hours. 6. Prohibit minors from entering any Adult or Sexually Oriented Business. 7. Prohibit public nudity, sex acts, and sale or consumption of liquor at any Adult or Sexually Oriented Business. 8. Require all areas of Adult or Sexually Oriented Businesses to which patrons are permitted, except restrooms, to be open to view by the management at all times. 9. Prohibit the interior of any Adult or Sexually Oriented Business from being observable from any public way or location outside the building. 10. Require minimum lighting levels for the interior and exterior of every Adult or Sexually Oriented Business. 17 11. Require sufficient sound absorbing insulation for every Adult.or Sexually Oriented Business so that noise generated inside the business is not audible to neighboring properties. 12. Require every Adult or Sexually Oriented Business which has restroom facilities for its patrons to provide separate restroom facilities for male patrons, female patrons and employees 13. Require additional operating standards for Adult or Sexually Oriented Businesses which are "adult arcades" or which exhibit sexually explicit films, videos or live entertainment in viewing rooms, including prohibiting openings between viewing areas and requiring an unobstructed line of sight from the operator's area into the viewing areas. 14. Require additional operating standards for Adult or Sexually Oriented Businesses which provide live entertainment or figure modeling, including requiring adequate physical separation between performers and patrons to prevent physical contact, and also to restrict tipping or gratuities. 15. Require all Adult or Sexually Oriented Businesses to have adequate security to monitor the premises and/or to prevent illegal conduct. 16. Require the premises of all Adult or Sexually Oriented Businesses to be subject to inspection at any time by City staff to ensure compliance with the Vernon City Code and other laws. 17. Impose adequate remedies and penalties for any violation of the Vernon City Code or other laws or for falsification of permit information. 18. Provide an adequate hearing and/or appeal process in the event of a denial, suspension or revocation of a permit. It is recommended that the City Council find that the zoning and business regulation of Adult or Sexually Oriented Businesses is required for the preservation of the integrity of the community and is in the public interest and would promote the safety and general welfare of the community. It is therefore recommended that Ordinance No. 1094 regulating such businesses be adopted and that Ordinance No. 1091 be repealed. 1 tK