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Ordinance No. 950ORDINANCE NO. 950 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Declaration of Urgency The interim ordinance on the establishment and regulation of adult businesses provided for by Ordinance No. 914 will expire on March 25, 1996. The City Council is considering permanent regulations of adult businesses which will, in the normal course of events, take effect on May 8, 1996. Therefore, the permanent regulations applicable to adult businesses will mitigate the negative secondary effects which are created by such businesses in which are referred to in Ordinance No. 914. The adoption of this ordinance is necessary so that no new adult businesses can be established until the permanent ordinance becomes effective. SECTION 2. The City Council of the City of Cypress does hereby find, determine and declare that: A. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of adult- oriented businesses in the City of Cypress. It is recognized that adult- oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of adult- oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult- oriented businesses, and maintain local property values. B. It is recognized that adult -oriented businesses, due to their nature, will effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services; and will have an adverse impact upon real estate values in the City of Cypress. C. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult- oriented businesses within the City of Cypress, based upon the following findings: (1) The City Council in adopting this Ordinance takes Legislative Notice of the existence and content of the following studies that substantiate the adverse, secondary effects of adult- oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: 1986 1984 1977 1979 St. Paul, Minnesota: 1989 Garden Grove, California: 1991 Upland, California: 1992 Tucson, Arizona 1990 Seattle, Washington 1989 Oklahoma City, Oklahoma 1986 Houston, Texas 1983 Beaumont, Texas 1982 Minneapolis, Minnesota 1980 Whittier, California 1978 Cleveland, Ohio 1977 (2) Based on the foregoing studies and the other evidence presented, the City of Cypress finds that: (3) (a) Adult- oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, (b) Both the proximity of adult- oriented businesses to sensitive land uses and the concentration of adult- oriented businesses tend to result in the blighting and downgrading of the areas in which they are located. The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult - oriented businesses adjacent to residential, recreational, religious, educational, or other adult- oriented businesses can cause other businesses and residents to move elsewhere. (4) The studies conducted in various communities in other jurisdictions have demonstrated that adult- oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them. (5) The special regulation of adult- oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult- oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas. (6) It is the purpose and intent of these special regulations to prevent the concentration of adult- oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of adult- oriented businesses is necessary. (7) 1060 -00001 26503_1 The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult - oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other adult- oriented businesses. In preparation of this Ordinance, the City of Cypress has taken the location of residential, religious, educational, recreational and other adult- oriented businesses into consideration and has endeavored to -2- 1060 -00001 26503_1 minimize the effect that adult- oriented businesses have upon those sensitive areas and upon the community in general. (8) The need to regulate the proximity of adult - oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other adult- oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section. (9) The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: (a) Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, (b) The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. (10) In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult- oriented businesses in order to mitigate the compounded concentrations as described above. (11) In adopting the regulations set out in this Chapter, it is recognized that locating adult- oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. (12) Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of adult- oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. (13) • The City of Cypress has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of adult- oriented businesses in order to protect the health and well -being of its citizens. (14) The City Council of Cypress has considered the decisions of the United States Supreme Court regarding local regulation of adult - oriented businesses, including but not limited to: Young v. American Mini - Theatres, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW /PBS. Inc. v. Dallas, 493 U.S. 215 (1990); Barnes v. Glen -3- Theatre. Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991); United States Court of Appeal 9th Circuit decisions, including but not limited to: Topanga Press. et al. v. City of Los Angeles, 989 F.2d 1524 (1993); and several Califomia cases including, but not limited to: City of National City v. Wiener, 3 Ca1.4th 832 (1992); and Smith v. County of Los Angeles, 24 C.A. 4th 990 (1994). (15) The City Council of Cypress has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Cypress and thus certain requirements with respect to the ownership and operation of adult- oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, the City Council also takes legislative notice of the facts recited in the case of Key, Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in negative secondary effects such as prostitution, drug dealing and other law enforcement problems. (16) The City Council of Cypress consistent with sale and consumption of alcohol and outside advertising limitations further finds that additional regulations, including restricted hours of operation will further prevent the adverse secondary effects of adult- oriented businesses. (17) The City Council of Cypress desires to protect the rights conferred by the United States Constitution. As such, the Council 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 as associated with the development and operation of adult- oriented businesses. (18) It is not the intent of the City Council of Cypress under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in Cypress. (19) It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the adverse secondary effects of adult - oriented businesses. SECTION 2. Chapter 15F "Adult Business Regulations" of the Cypress Municipal Code is hereby amended in its entirety to read as follows: "CHAPTER 15F ADULT BUSINESS REGULATIONS Sections: 15F -1 Purpose and Intent. 15F -2 Definitions. 15F -3 Location Standards. 1060 -00001 26503_1 -4- 15F-4 Statements and Records. 15F -5 Conditional Use Permit Required. 15F -6 Time Limits for Action on Conditional Use Permit. 15F -7 Sale /Serving of Alcohol and Intoxicated Persons. 15F -8 Suspension and Revocation of a Conditional Use Permit. 15F -9 Adult Business License Required. 15F -10 Application for Adult Business License. 15F -11 Investigation. 15F -12 Decision by City Council on Application For Adult Business License. 15F -13 Grant of Application For Adult Business License. 15F -14 Denial of Application For Adult Business License. 15F -15 Inspection. 15F -16 Expiration of Adult Business License. 15F -17 Adult Business Performer License. 15F -18 Investigation and Action on Application for Adult Business Performer License. 15F -19 Suspension or Revocation of Conditional Use Permit, Adult Business License and Adult Business Performer License. 15F -20 Hearing on Suspension or Revocation. 15F -21 Regulations Nonexclusive. 15F -22 Violations /Penalties. 15F -23 Public Nuisance. 15F -24 Conflicting Ordinances Repealed. Sec. 15F -1. Purpose and Intent. The purpose and intent of this Chapter are to regulate adult - oriented businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Adult Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Adult Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult Businesses; and blighting conditions such as low -level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Adult Businesses. It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Adult Businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. Sec. 15F -2. Definitions. The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. (1) Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas;' 1060 -00001 26503_1 -5- (2) Adult Bookstore or Adult Video Store. An establishment which has as a regular and substantial portion of its stock -in -trade business, or advertising to the sale, rental or viewing for any form of consideration any one or more of the following: (3) Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations ('Adult Material') which are characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas.' See 'Adult Business' for definition of the term 'regular' and 'substantial course.' Adult Business. Any business establishment or concern which as a regular and substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel /Hotel, Adult Arcade, or any other business or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. 'Adult Business' shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. (4) Adult Cabaret. A nightclub, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of 'specified anatomical areas' or by 'specified sexual activities,' or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas;' Adult Motel. A motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas;' and /or (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty -four (24) hour period. (6) Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of 'specified sexual activities' or 'specified anatomical areas;' (5) (7) (8) Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of 'specified anatomical areas' or by 'specified sexual activities;' Establishment. Establishment of an Adult Business Includes any of the following: (a) The opening or commencement of any such business as a new business; 67 68 (9) (b) The conversion of an existing business, whether or not an Adult Business, to any of the Adult Businesses defined herein; (c) The addition of any of the Adult Businesses defined herein to any other existing Adult Business; or (d) The relocation of any such Adult Business. Gross Receipts. Shall mean and includes the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, Adult Material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. (10) Owner or Permit Holder or Permittee. For purposes of this Chapter, 'Owner,' 'Permit Holder' or 'Permittee' shall mean any of the following: (i) the sole proprietor of an Adult Business; or (ii) any general partner of a partnership which owns and operates an Adult Business; or (iii) the owner of a controlling interest in a corporation which owns and operates an Adult Business; or (iv) the person designated by the officers of a corporation to be the Permit Holder for an Adult Business owned and operated by the corporation. (11) Person. Shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). (12) Regular and Substantial Course of Conduct and Regular and Substantial Portion of its Business. Shall mean any Adult Business where one or more of the following conditions exist: (a) The area(s) devoted to the display of Adult Material exceeds fifteen percent (15 %) of the total display area of the business; or (b) The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or (c) At least twenty -five percent (25 %) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. (13) Religious Institution. A structure which is used primarily for religious worship and related religious activities. (14) School. Any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include vocational or professional institution of higher education, including a community or junior college, college or university. 1060 -00001 26503_1 -7- (15) Specified Anatomical Areas. Includes any of the following: (a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (16) Specified Sexual Activities. Includes any of the following: (a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; (b) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; (c) Masturbation, actual or simulated; (d) Excretory functions as part of or in connection with any of the activities described in subdivisions (a) through (c) of this subsection; or (e) Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where Specified Anatomical Areas are exposed. (17) Substantial Enlargement. The increase in floor area occupied by the business, by more than ten percent (10 %) as the floor area exists on the effective date of this Chapter. (18) Transfer of Ownership or Control of an Adult Business. 'Transfer of Ownership or Control of an Adult Business' shall mean and include any of the following; (1) The sale, lease or sublease of the business; or (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (3) Sec. 15F -3. Location Standards. (1) An Adult Business shall not be established nor located within one thousand (1,000) feet of: 1060 -00001 26503_1 (a) Any County or City zone or land use district which contains the words "Residence" or "Residential" within its title; (b) Any residential use; (c) Any religious institution or property zoned, planned or otherwise designated for such use by City action; (d) Any school or property zoned, planned or otherwise designated for such use by City action; or -8- (e) Any other recreational facility where minors congregate, or property zoned, planned or otherwise designated for such use by City action. (2) An Adult Business shall not be established or located within one thousand (1,000) feet of any existing Adult Business. For purposes of this Section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the Adult Business is or will be located to the nearest property line of any land use. Subject to the foregoing, Adult Businesses shall be permitted only in those portions of the PC -1, PC -2, PC -3, PC-4 and PBP zones of the City of Cypress designated on the map attached hereto and incorporated herein by reference as Exhibit "A" and subject to the following: (a) Each such Adult Business must, prior to the commencement or continuation of such business, first apply for and receive from the City Council a conditional use permit. (b) Each such Adult Business must, prior to the commencement or continuation of such business, first apply for and receive an Adult Business License. (3) (c) Each person who engages in or participates in any live performance depicting Specified Anatomical Areas or involving Specified Sexual Activities in an Adult Business shall first apply for and receive an Adult Business Performer License. Sec. 15F -4. Statements and Records. Person(s) required to obtain an Adult Business License pursuant to the provisions of this Chapter for any business establishment which provides products, Adult Material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in Section 15F -2 of this Chapter, shall maintain complete records which can be segregated with regard io all transactions involving such products, merchandise, Adult Materials, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three (3) years. No person required to keep records under this Section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places. This Section shall not be applicable to a business establishment for which such transactions constitute less than twenty -five percent (25 %) of the gross receipts of the business. Sec. 15F -5. Conditional Use Permit Required. It shall be unlawful for any person to operate, engage in, conduct or carry on any Adult Business within the City of Cypress unless the person of the Adult Business first obtains, and continues to maintain in full force and effect a Conditional Use Permit. In addition to the base zoning requirements goveming Conditional Use Permits generally, the following additional requirements shall be satisfied by Adult Businesses. Such additional requirements shall be included in any approved Conditional Use Permit: (1) 1060 -00001 26503_1 Maximum load, fire exits, aisles and fire equipment shall be regulated, designated and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Cypress. -9- 71 (2) No Adult Business shall be operated in any manner that permits the observation of any material depicting, describing or relating to 'Specified Sexual Activities' or 'Specified Anatomical Areas' from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. (3) Lighting shall be required which is designed to illuminate all off - street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plans and shall be reviewed and approved by the Department of Community Development. (4) No loudspeakers or sound equipment shall be used by an Adult Business for the amplification of sound to a level which violates any noise restrictions as may be adopted by the City of Cypress. (5) The building entrance to an Adult Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Community Development. (6) The Adult Business shall not be located, in whole or in part, within any portable structure. (7) The Adult Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business. (8) The Adult Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. (9) Any Adult Business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following requirements: (a) At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Department and Code Enforcement Department of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and /or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. (b) Landscaping shall conform to the standards established for the zone, except that, if the Adult Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. 72 (c) The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the Community Development Department. (d) The premises within which the Adult Business is located shall provide sufficient sound - absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right -of -way or within any other building or other separate unit within the same building in violation of any noise restrictions as may be adopted by the Community Development Department. (e) 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. Such opaque covering shall be subject to approval of the Director of Community Development. (f) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance /exit to the business. (10) All indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view at all times. (11) Except as specifically provided in this Chapter, the Adult Business shall comply with the zoning, parking, development and design standards applicable to the zone in which the business is located. (12) No Adult Material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Adult Business. (13) No person under the age of eighteen (18) years shall be permitted within the premises at any time. (14) The Adult Business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to an Adult Business which deals exclusively with the sale or rental of Adult Material which is 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. (15) Except as otherwise required by law for adult motion picture theaters, and except as provided in subparagraph 18 of Section 15F -5 with regard to Adult Businesses providing live entertainment, all areas of the Adult Business accessible to patrons shall be illuminated at least to the extent of twenty (20) foot - candles, minimally maintained and evenly distributed at ground level. (16) All on -site signage shall conform to the relevant provisions of the Cypress Municipal Code regarding signs. All Adult Materials and activities shall be concealed from view from any public right -of -way, parking lot or neighboring property. (17) No Adult Business shall be open or operating during the hours from 12:00 p.m. to 8:00 a.m. 1060 -00001 26503_1 1060 -00001 26503_1 (18) The following additional requirements shall pertain to Adult Arcades which provide one (1) or more viewing area(s): (a) Upon application for a Conditional Use Permit for an Adult Arcade, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty -two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Adult Business License will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the Adult Arcade to an accuracy of plus or minus six (6) inches. (b) The application shall be sworn to be true and correct by the Owner under penalty of perjury. (c) No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Council. (d) It shall be the duty of the Owner(s) to ensure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the Adult Arcade. (e) The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the Adult Arcade to which any patron is permitted access for any purpose excluding rest rooms. If the Adult Arcade has two (2) or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (f) (g) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present in the Adult Arcade to ensure that the individual viewing area specified in subsection (g) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the Adult Arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph (a) of this paragraph. No Individual Viewing Area may be occupied by more than one (1) person at any one time. 'Individual Viewing Area' shall mean a viewing area designed for occupancy by one (1) person. Individual Viewing Areas of the Adult Arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. (h) No Individual Viewing Area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or -12- 73 74 (i) portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph (h) shall be constructed so as to allow twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the Adult Material. (j) It shall be the duty of the Owner(s) and it shall also be the duty of all employees present at the Adult Arcade to ensure that the illumination described above is maintained at all times that any patron is present at the Adult Arcade. (19) The following additional requirements shall pertain to Adult Businesses providing live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities: (a) No person shall perform live entertainment for patrons of an Adult Business except upon a stage at least twenty -four (24) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. 'Entertainer' shall mean any person who is an employee or independent contractor of the Adult Business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an Adult Business. (b) The Adult Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. (c) The Adult Business shall provide an entrance /exit to the Adult Arcade for entertainers which is separate from the entrance /exit by patrons. (d) The Adult Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult Business shall provide a minimum three -foot (3') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. (e) No entertainer, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. (f) Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. The foregoing conditional use application requirements of this Section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the Conditional Use Permit and the Adult Business License issued pursuant to this Chapter. 1060 -00001 26503_1 -13- Sec. 15F -6. Time Limits for Action on Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the City Council within forty -five (45) days of its acceptance as complete by the Department of Community Development. The City Council shall approve an application for a Conditional Use Permit for an Adult Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter, including approval of an Adult Business License. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Cypress Municipal Code and applicable state law. Sec. 15F -7. Sale /Serving of Alcohol and Intoxicated Persons. (1) It is unlawful to sell, serve or permit the consumption of alcohol in a structure occupied by an Adult Business. (2) It is unlawful for any person under the age of eighteen (18) years or any obviously intoxicated person to enter or remain on the premises of an Adult Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Adult Business. (3) It is unlawful for any person having responsibility for the operation of an Adult Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of an Adult Business has knowledge that the person is under the age of eighteen (18) years; or to allow any obviously intoxicated person to enter or remain on the premises of the business. For the purposes of this Section, the Licensee of an Adult Business License, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. Sec. 15F -8. Suspension and Revocation of a Conditional Use Permit. The City Council may suspend or revoke any Conditional Use Permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Ordinance: (1) The operation conducted by the permittee does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances, the requirements of this Chapter, and the conditions of approval of the Conditional Use Permit; (2) That the approved use has been substantially enlarged without City approval; that the approved use has been partially or wholly converted to another Adult Business without City approval; that the Conditional Use Permit has not been utilized within six months of its issuance; or (3) The Adult Business License has been suspended or revoked. Sec. 15F -9. Adult Business License Required. An Applicant for the operation of an Adult Business must obtain an Adult Business License in addition to a Conditional Use Permit. Such Adult Business License shall not be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such License, and such License shall be thereafter null and void. An Adult Business License held by an individual in a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Business from one type of Adult Business use to another type of 1060 -00001 26503_1 -14- 76 Adult Business use shall also render the License null and voice. An Adult Business License shall be valid only for the exact location specified in the License. Sec. 15F -10. Application for Adult Business License. Applicants for such licenses shall file a written, signed and verified application or renewal application on a form provided by the Community Development Department. Such application shall contain: (1) The name and permanent address of Applicant. (2) The name and business address of the Applicant. If the Applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the Applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no Tess than twenty -five percent (25 %) of the stock of the corporation. If the Applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners. (3) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment. (4) Hours of operation. (5) A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building. (6) The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment. (7) A statement of the nature and character of Applicant's business, if any, to be carried on in conjunction with such entertainment. (8) For a renewal application, Applicant in addition shall indicate any changes since the filing of the initial application. (9) The names of all employees or persons required by Section 15 -F to obtain an Adult Business Performer License. (10) Whether the Applicant or any of the other individuals pursuant to this Section has had a previous permit under this Ordinance or other similar ordinances from another city or county denies, suspended or revoked, including the name and location of the Adult 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 individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. (11) Whether the Applicant or any other individual listed pursuant to this Section holds any other permits and /or licenses for an Adult Business from another city or county, and if so, the names and locations of such other permitted businesses. (12) If a person who wishes to operate an Adult Business is an individual, he /she must sign the application for a permit as Applicant. If a person who wishes to operate an Adult Business is other than an individual, each individual who 1060 -00001 26503_1 -15- has a ten percent (10 %) or greater interest in the business must sign the application for a permit as Applicant. If a corporation is listed as Owner of an Adult Business or as the entity which wishes to operate such a business, each individual having a ten percent (10 %) or greater interest in the corporation must sign the application for a permit as Applicant. All applications for a license or renewal shall be filed with the City Community Development Department. Each application shall be accompanied by a nonrefundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Applicants for a License under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Community Development or his /her designee, shall be grounds for revocation of a License. If the Community Development Department determines that the Applicant has completed the application incorrectly or incompletely, the Director or Designee shall promptly notify the Applicant of such fact and, or request of the Applicant, grant the Applicant an extension of time of ten (10) days or less to complete the application properly. In addition, the Applicant may request an extension, not to exceed ten (10) days, of the time for the Community Development Department to act on the application. The time period for granting or denying a license shall be stayed during the period in which the Applicant is granted an extension of time. The fact that the Applicant possesses other types of state or city permits or licenses does not exempt the Applicant from the requirements under this Chapter. Sec. 15F -11. Investigation. Upon receipt of a completed application properly filed with the City Community Development Department and upon payment of the nonrefundable application fee, the City Community Development Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business in accordance with its responsibilities under law and as set forth in this Chapter. Said investigation shall be completed within thirty (30) days of receipt of the completed application by the City Community Development Department. At the conclusion of its 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 disapproves, state the reasons therefor. A department or agency shall disapprove an application if it finds that the proposed Adult Business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City Community Development Department. Sec. 15F -12. Decision by City Council on Application For Adult Business License. The City Council shall grant or deny an application for a License within forty -five (45) days from the date of its being deemed complete. Upon the expiration of the forty -fifth (45th) day, unless the Applicant requests and is granted a reasonable extension of time, the Applicant shall be permitted to begin operating the business for which the License is 1060 -00001 26503_1 -16- 78 sought, unless and until the City notifies the Applicant of a denial of the application and states the reason(s) for that denial. Sec. 15F -13. Grant of Application For Adult Business License. (1) The City Council shall grant the application unless one or more of the reasons set forth in Section 15F -14 (Denial of Application for License) below is present. (2) The License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Business. The License shall also indicate that the Adult Business whether permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., Ill S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991) and any applicable California statutes or City regulations or ordinances consistent therewith. The permit shall be posted in a conspicuous place at or near the entrance to the Adult Business so that it can be easily read at any time. Sec. 15F -14. Denial of Application For Adult Business License. The City Council shall deny the application for any of the following reasons: (1) That the building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Cypress. (2) That the Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Police Department or other department of the City. (3) That the Applicant has had any type of Adult Business License revoked by any public entity within two (2) years of the date of the application. (4) The Applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647. (5) That on the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open. (6) That a Conditional Use Permit has been denied for the proposed use. (7) That an Applicant is under eighteen (18) years of age. (8) That an Applicant, manager, or any agent or employee of the Applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of an Adult Business or any sex - related crime prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the Applicant. 1060 -00001 26503_1 -17- (9) The required application fees have not been paid. If the City Council denies the application, the Community Development Department shall notify the Applicant of the denial and state the reason(s) for the denial. If a person applies for an Adult Business License for a particular location within a period of twelve (12) months from the date of denial of a previous application for such License 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. 15F -15. Inspection. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments or Agencies to inspect the premises of an Adult Business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an Adult 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 occupied or opened for business. Sec. 15F -16. Expiration of Adult Business License. Each Adult Business License shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 15F -10 (for renewals, filing of original application and any changes thereto shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the License shall not be affected. If the City Council denies renewal of the Adult Business License, the Applicant shall not be issued a License for one (1) year from the date of denial. If, subsequent to denial, the City Council finds that the basis for denial of the renewal of the License has been corrected, the Applicant shall be granted a License if at least ninety (90) days have elapsed since the date denial became final. Sec. 15F -17. Adult Business Performer License. (1) No person shall engage in or participate in any live performance depicting Specified Anatomical Areas or involving Specified Sexual Activities in an Adult Business, without a valid Adult Business Performer License issued by the City. All persons who have been issued an Adult Business License shall promptly supplement the information provided as part of the application for the License required by Section 15F -10, with the names of all Performers required to obtain an Adult Business Performer License, 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 Business License. (2) The Police Chief shall grant, deny and renew Adult Business Performer Licenses. (3) The application for a License shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn License application shall be filed with the Police Chief. (4) The completed application shall contain the following information and be accompanied by the following documents: 1060 -00001 26503_1 (a) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; -18- 80 (b) Age, date and place of birth; (c) Height, weight, hair and eye color; (d) Present residence address and telephone number; (e) Whether the applicant has ever been convicted of: (f) (g) (i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered. (ii) The equivalent of the aforesaid offenses outside the State of California. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any 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; State driver's license or identification number; (h) Satisfactory written proof that the applicant is at least eighteen (18) years of age; (i) The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; (j) If the application is made for the purpose of renewing a License, the applicant shall attach a copy of the License to be renewed. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application. If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than 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 Police Chief to act on the application. The time period for granting or denying a License shall be stayed during the period in which the applicant is granted an extension of time. Sec. 15F -18. Investigation and Action on Application for Adult Business Performer License. (1) Within five (5) days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as fol lows: 1060 -00001 26503_1 -19- (a) The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation. (b) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial. (c) If the application is granted, the Police Chief shall attach to the application an Adult Business Performer License. (d) The application is granted or denied and the License, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. The Police Chief shall grant the application and issue the License unless the application is denied for one or more of the reasons set forth in subsection (4) of this section. If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within five (5) days after it is stamped as received (except as provided in Section 15F- 17(g)), the applicant may begin performing in the capacity for which the License was sought. (4) The Police Chief shall deny the application for any of the following reasons: (a) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a License or in any report or document required to be filed with the application. (b) The applicant is under eighteen (18) years of age. (c) The Adult Business Performer License is to be used for performing in a business prohibited by State or City law. (d) The applicant has been registered in any state as a prostitute. (e) The applicant has been convicted of any of the offenses enumerated in Section 15F- 17(4)(e) or convicted of an offense outside the State of Califomia that would have constitute any of the described offenses if committed within the State of California. (5) Each Adult Business Performer License shall expire one (1) year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the License to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the License. When made less than thirty (30) days before the expiration date, the expiration of the License will not be stayed. Applications for renewal shall be acted on as provided herein for applications for Licenses. Sec. 15F -19. Suspension or Revocation of Conditional Use Permit, Adult Business License and Adult Business Performer License. After an investigation, notice and hearing, the City Council may suspend or revoke an existing Conditional Use Permit, Adult Business License or Adult Business Performer License, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: (1) The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, 1060 -00001 26503_1 -20- zoning, fire and safety laws of the State of California, or of the ordinances of the City of Cypress; (2) The Licensee, his or her employee, agent, partner, director, officer, stockholder, or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Police, or other department of the City; The Licensee has had any type of Adult Business License revoked by any public entity within three (3) years of the date of the License was issued; There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; The Licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; (6) If, on one (1) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (5) above, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the Adult Business is located, and the person or persons were employees, contractors or agents of the Adult Business at the time the offenses were committed; (7) If the Licensee, any employee of the Licensee, agent, owner, or manager of an Adult Business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrences of any of the following on the premises of the Adult Business, or in the case of the Adult Business Performer, the Licensee has engaged in one of the activities described below which on the premises of an Adult Business: (a) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation; (b) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur; (c) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code; (d) The occurrence of acts of lewdness or prostitution, including any conduct constituting violations of Sections 315, 316 or 318 or Subdivision b of Section 647 of the California Penal Code; (e) 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; (f) Any conduct prohibited by this chapter. (8) The Adult Business has been operated in violation of any of the requirements of this Chapter and, (i) if the violation is of a continuous nature, the business 1060 -00001 26503_1 -21- 83 (9) continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Licensee, or (ii) if the violation is of a noncontinuous nature two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Licensee within any twelve (12) month period); That the subject Adult Business has employed minors. Sec. 15F -20. Hearing on Suspension or Revocation. Upon determining that grounds for suspension or revocation exist, the Director shall furnish written notice of the proposed revocation to the Licensee. Such notice shall summarize the principal reasons for the proposed revocation and that a hearing shall be conducted by the City Council. Such notice and the notice of time and place of the hearing shall be given to the Licensee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. The notice shall also be posted at the location of the Adult Business at least fifteen (15) days in advance of the date set for hearing. At the hearing, the Licensee and the City shall be entitled to present relevant evidence, testify and call witnesses. The City Council shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the City Council. At the conclusion of the hearing, the City Council shall decide whether grounds for suspension or revocation exist. Such decision shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director regarding whether the Conditional Use Permit, Adult Business License or Adult Business Performer License is to be suspended for a specified period not to exceed six (6) months, or revoked. A written report of the Council decision shall be forwarded by certified mail, postage prepaid, to the Licensee(s) within five (5) days of the Council's decision. The decision of the City Council shall be final and the Permittee, Licensee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. Sec. 15F -21. Regulations Nonexclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of Adult Businesses as adopted by the City Council of the City of Cypress. Sec. 15F -22. Violations /Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. Sec. 15F -23. Public Nuisance. In addition to the penalties set forth in Section 15F above, any Adult Business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. 84 Sec. 15F -24. Conflicting Ordinances Repealed. All ordinances or parts of ordinances, or regulations in conflict with the provisions of this Ordinance are hereby repealed." SECTION 3. This ordinance is hereby declared to be an urgency measure pursuant to Government Code Section 36937 and the order shall take effect immediately upon its adoption. SECTION 4. This ordinance shall be repealed upon the effective date of Ordinance No. 951 of the City Council of the City of Cypress amending the Cypress Municipal Code by providing standards for the regulation of Adult Businesses; providing for licensing and regulation of Adult Businesses; providing additional health and safety regulations for Adult Businesses; and repealing sections inconsistent therewith. SECTION 5. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Cypress hereby declares that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. SECTION 6. The City Clerk shall certify to the passage of this Ordinance as an urgency ordinance and shall cause the same to be published as required by law. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of March 1996. ATTEST: MAYOR OF THE C TY OF CYPRESS \ • 4175-'--v----0--•• CITYCLERK OF THE CITY OF CYPRESS 1060 -00001 26503_1 -23- 85 ADULT BUSINESS ORDINANCE EXHIBIT "A" CITY OF CYPRESS COUNTY OF ORANGE, CALIFORNIA 4000 ZoNlr'/ MAP 4500 5000 J 5500 6000 6500 c E [§ ILOPTIal 111111.111111/11U/11,1111 II I 1 WA 4 A 2' 12b I,�rri�... Areas Located 1,000 Feet From Sensitive Uses (as of 3- 25 -96) 86 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS I, LILLIAN HAINA, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 25th day of March 1996; by the following roll call vote: AYES: NOES ABSENT: 5 0 0 COUNCIL MEMBERS: Age, Carroll , Jones, Kerry and Bowman COUNCIL MEMBERS: None COUNCIL MEMBERS: None a_;,_ �, . 4176J--0-- CITY C ERK OF THE CITY OF CYPRESS