Ordinance No. 914ORDINANCE NO. 914
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS DECLARING A MORATORIUM ON
ADULT BUSINESSES WITHIN THE CITY OF CYPRESS
AND PROVIDING AN EXCEPTION FOR ADULT BUSI-
NESSES WITHIN SPECIFIED LOCATIONAL CRITERIA
WITH AN APPROVED CONDITIGNAL USE PERMIT AND
ADULT BUSINESS LICENSE AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council of the City of Cypress does
hereby find, determine and declare that:
A. Pursuant to California Government Code Section
65858, the City Council finds and determines that a current and
immediate threat to the public health, peace, safety and general
welfare exists which necessitates the immediate enactment of this
Ordinance for the immediate preservation of the public health,
peace, safety and general welfare based upon the facts set forth
in this Ordinance and the facts presented to the Council.
B. The City of Cypress is currently in the process of
studying and preparing a comprehensive zoning ordinance regulat-
ing the criteria under which adult- oriented businesses shall
operate within the City. The purpose of this Ordinance is to
provide the City of Cypress with interim zoning controls over
adult - oriented businesses until such time as the City adopts a
permanent zoning ordinance governing adult - oriented businesses,
by prohibiting the establishment of adult businesses generally,
and by providing exceptions for specific zones and locational
criteria within the City wherein adult businesses shall be
permitted pursuant to adopted regulations while the City develops
and implements permanent zoning controls for adult businesses.
C. The City Council finds and determines that uses
regulated or prohibited by this Ordinance may be in conflict with
the general plan and with a zoning proposal for the location of
adult businesses which the City Council intends to study and
consider.
D. It is the purpose and intent of this interim
Ordinance to provide for the reasonable and uniform interim
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 interim 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 busi-
nesses, and maintain local property values during such time as
the City of Cypress develops permanent zoning and licensing
controls over adult businesses.
E. Uses prohibited by this interim Ordinance will
affect significant changes in vehicular traffic, noise, pedestri-
an 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.
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F. It is the purpose and intent of this interim
Ordinance to establish proper interim 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:
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(1) The City Council in adopting this Interim Ordi-
nance takes Legislative Notice of the existence
and content of the following studies that substan-
tiate the adverse, secondary effects of adult -
oriented businesses:
Austin, Texas: 1986
Indianapolis, Indiana: 1984
Los Angeles, California: 1977
Phoenix, Arizona: 1979
St. Paul, Minnesota: 1989
Garden Grove, California 1991
Upland, California 1992
(2) Based on the foregoing studies and the other evi-
dence presented, the City of Cypress finds that:
(a) Adult- oriented businesses are linked to in-
creases in the crime rates of those areas in
which they are located and that surround
them; and,
(b) Both the proximity of adult - oriented busi-
nesses to sensitive land uses and the concen-
tration of adult - oriented businesses tend to
result in the blighting and downgrading of
the areas in which they are located.
(3) 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 resi-
dents 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 business-
es is necessary to ensure that their adverse sec-
ondary 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 sur-
rounding areas. The need for the special regula-
tion is based on the recognition that adult -ori-
ented businesses have serious objectionable oper-
ational characteristics, particularly when several
of them are concentrated under certain circum-
stances or located in direct proximity with sensi-
tive uses such as residential zones and uses,
parks, schools, churches, or day care centers,
thereby having a deleterious effect upon the adja-
cent areas.
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(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) 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, church-
es, schools, day care centers, parks and other
adult- oriented businesses. In preparation of this
Interim Ordinance, the City of Cypress has taken
the location of residential, religious, education-
al, recreational and other adult- oriented busi-
nesses into consideration and has endeavored to
minimize the effect that adult businesses have
upon those sensitive areas and upon the community
in general.
(8) The need to regulate the proximity of adult -ori-
ented 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 sexu-
ally oriented businesses dated June 6, 1986, indi-
cates that:
(a) Community impacts of sexually oriented
businesses are primarily a function of
two variables, proximity to residential
areas and concentration. Property val-
ues are directly affected within a small
radius, typically one block, of the
location of a sexually oriented busi-
ness. Concentration may compound de-
pression 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 neighbor-
hood; and,
(b) The impacts of sexually oriented busi-
nesses are exacerbated when they are
located near each other. 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 re-
port 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 con-
centration of multiple adult - oriented busi-
nesses in order to mitigate the compounded
concentrations as described above.
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(11) In adopting the regulations set out in this
Ordinance, it is recognized that locating
adult entertainment facilities covered by
this Ordinance 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 per-
sons are offended by the public display of
certain sexual material. Special regulation
of these uses in necessary to insure that
these adverse effects will not contribute to
the blighting or downgrading of the surround-
ing neighborhood and to an adverse effect on
minors. The City of Cypress has conducted or
will be conducting studies identifying par-
ticular areas of the City frequented by mi-
nors, and has identified areas wherein adult
businesses would have a major visual impact
upon the residents of the City.
(12) The provisions of this Ordinance have neither
the purpose nor effect of imposing a limita-
tion or restriction on the content of any
communicative materials, including sexually -
oriented materials, that are protected by the
First Amendment of the United States Consti-
tution and the relevant provisions of the
California State Constitution.
SECTION 2. While this Ordinance is in effect and during any
extensions of this Ordinance, no land use entitlement, permit
(including building permit), approval, site plan, certificate of
occupancy, zoning clearance, or other land use authorization, for
an adult business, shall be granted or permitted within the City
of Cypress. As an exception to the general prohibition of adult
businesses set forth herein, adult businesses shall be permitted
within the Planned Business Park, Business Park and Planned
Community Business Park Zones. Any adult business proposing to
locate within any of the zones identified in this Section 2 shall
comply with the criteria set forth in Chapter 15F of the Code of
the City of Cypress, as added herein.
SECTION 3. Chapter 15F "Adult Business Regulations" of the
Code of the City of Cypress is hereby added to read as follows:
"Chapter 15F
INTERIM ADULT BUSINESS REGULATIONS
Sections:
15F -1 Purpose and Intent.
15F -2 Definitions.
15F -3 Location Standards.
15F -4 Requirements For Conditional Use Permit.
15F -5 Time Limits for Action On Conditional Use Permit.
15F -6 Suspension and Revocation of a Conditional Use
Permit.
15F -7 Adult Business License Required.
15F -8 Decision of Police Chief.
15F -9 Inspection.
15F -10 Suspension or Revocation of License.
15F -11 Non - transferability of Adult Business License.
15F -12 Regulations Non - Exclusive.
15F -13 Violations /Penalties.
15F -14 Public Nuisance.
15F -15 Conflicting Ordinances Repealed.
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15F -1 Purpose and Intent. It is the purpose of
this Chapter to regulate adult- oriented businesses to promote the
health, safety and general welfare of the citizens of the City of
Cypress. The provisions of this Chapter have neither the purpose
nor the effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually -
oriented materials.
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.
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(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 cas-
settes, slides or other photographic reproductions
which are characterized by an emphasis upon the
depiction or description of 'specified sexual
activities' or 'specified anatomical areas;'
(2) Adult Bookstore. An establishment which has as a
substantial portion (25% or more of gross floor
area) of its stock -in -trade and offers for sale
for any form of consideration any one or more of
the following:
(3)
a. Books, magazines, periodicals or other print-
ed matter, or photographs, films, motion
pictures, video cassettes, slides or other
visual representations which are character-
ized by an emphasis upon the depiction or
description of 'specified sexual activities'
or 'specified anatomical areas'; or
b. Instruments, devices or paraphernalia which
are designed for use in connection with
'specified sexual activities.'
Adult Business. A business which is conducted
exclusively for the patronage of adults and as to
which minors are specifically excluded from pa-
tronage, either by law and /or by the operators of
such businesses, and which is characterized by an
emphasis upon Specified Sexual Activities and /or
Specified Anatomical Areas. 'Adult Business' also
means and includes any adult arcade, adult book-
store, adult cabaret, adult motel, adult motion
picture theater, adult theater, escort /dating
service, gentlemen's club, massage parlor or sexu-
al encounter establishment.
(4) Adult Cabaret. A nightclub, restaurant or similar
establishment which regularly features live per-
formances 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 empha-
sis upon the depiction or description of 'speci-
fied sexual activities' or 'specified anatomical
areas;'
(5) Adult Motel. A motel or similar establishment
offering public accommodations for any form of
consideration which provides patrons with
closed- circuit television transmissions, films,
motion pictures, video cassettes, slides or other
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293
4042442.ORD
photographic reproductions which are characterized
by an emphasis upon the depiction or description
of 'specified sexual activities' or 'specified
anatomical areas;'
(6) Adult Motion Picture Theater. An establishment
where, for any form of consideration, films, mo-
tion 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;'
(7)
Adult Theater. A theater, concert hall, auditori-
um or similar establishment which, for any form of
consideration, regularly features live performanc-
es which are characterized by the exposure of
'specified anatomical areas' or by 'specified
sexual activities;'
(8) Escort /Dating Service. A person or business enti-
ty which, or any form of consideration, furnishes,
offers to furnish, or advertises to furnish an
escort or escorts as one of its primary business
purposes, where the escort receives any form of
consideration to display 'specified anatomical
areas.'
(9) Establishment of an Adult Entertainment Business.
Includes any of the following:
a. The opening or commencement of any such busi-
ness as a new business;
b. The conversion of an existing business,
whether or not an adult entertainment busi-
ness, to any of the adult entertainment busi-
nesses defined herein;
c. The addition of any of the adult entertain-
ment businesses defined herein to any other
existing adult entertainment business; or
d. The relocation of any such business.
(10) Gentlemen's Club. A business which is conducted
exclusively for the patronage of adults and as to
which minors are specifically excluded from pa-
tronage, either by law and /or by the operators of
such businesses, and features adult - oriented en-
tertainment or which is characterized by an empha-
sis upon Specified Sexual Activities and /or Speci-
fied Anatomical Areas.
(11) Public Park. A park, playground, swimming pool,
beach, pier, reservoir, golf course or athletic
field within the City which is under the control,
operation or management of the City, the County,
or the State;
(12) Religious Institution. A structure which is used
primarily for religious worship and related reli-
gious activities;
(13) School. Any child care facility, or an institu-
tion of learning for minors, whether public or
private, which offers instruction in those courses
of study required by the California Education Code
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or which is maintained pursuant to standards set
by the State Board of Education. This definition
includes a nursery school, kindergarten, elementa-
ry school, 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 com-
munity or junior college, college or university;
(14) Sexual Encounter Est°,blishment. An establishment,
other than a hotel, motel or similar establishment
offering public accommodations, which, for any
form of consideration, provides a place where two
or more persons may congregate, associate or con-
sort in connection with 'specified sexual activi-
ties' or the exposure of 'specified anatomical
areas.' This definition does not include an estab-
lishment where a medical practitioner, psycholo-
gist, psychiatrist or similar professional person
licensed by the State engages in sexual therapy;
(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 cov-
ered.
(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; or
d. Excretory functions as part of or in connec-
tion with any of the activities described in
subdivisions a. through c. of this subsec-
tion.
(17) Substantial Enlargement. The increase in floor
area occupied by the business, by more than 10 %,
as the floor area exists on the effective date of
this Code.
15F -3 Location Standards.
A. An Adult Business shall not be established nor
located within one thousand (1,000) feet of:
(1) Any County or City zone or land use
district which contains the words "Residence"
or "Residential" within its title;
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(2) Any residential use;
(3) Any church, chapel, or similar place of
worship or property zoned, planned or other-
wise designated for such use by City action;
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(4) Any school, nursery, day care center,
park or playground or property zoned, planned
or otherwise designated for such use by City
action; or,
(5) Any other recreational facility where
minors congregate, or property zoned, planned
or otherwise designated for such use by City
action.
B. An Adult Business shall not be established or
located within one thousand (1,000) feet of any existing Adult
Business.
C. 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. Land Use District, or zone de-
scribed in subsection (A) above, or to the nearest point of the
building or structure in which an existing Adult Business de-
scribed in subsection (B) is located.
Subject to the foregoing, Adult Businesses shall be permit-
ted in those areas designated in Section 2 of the Ordinance
provided:
(1) Each such Adult Business must, prior to commencement or
continuation of such business, first apply for and receive from
the Planning Commission a conditional use permit.
(2) Each such Adult Business must, prior to commencement or
continuation of such business, first apply for and receive an
Adult Business License.
(3) The City Council shall issue such conditional use
permit if that body finds that the proposed facility or use
complies with the regulations specified in this Chapter.
(4) Each such facility must comply with all applicable
regulations of other zoning use designations.
15F -4 Requirements For Conditional Use Permit. In
addition to the base zoning requirements governing conditional
use permits generally, the following additional requirements
shall be satisfied by adult businesses. Such additional require-
ments shall be included in any approved Conditional Use Permit:
(1) Maximum occupancy load, fire exits, aisles and
fire equipment shall be regulated, designed and
provided in accordance with the Fire Department
and building regulations and standards adopted by
the City of Cypress.
(2) No adult business shall be operated in any manner
that permits the observation of any material de-
picting, describing or relating to 'specified sex-
ual 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.
Lighting in Parking Lots. Lighting shall be re-
quired 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
(3)
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4042442.0RD
required plot plans and shall be reviewed and
approved by the Planning Department.
(4) Amplified Sound. No loudspeakers or sound equip-
ment shall be used by an adult business for the
amplification of sound to a level discernible by
the public beyond the walls of the building in
which such use is conducted or 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 indi-
cating that minors are precluded from entering the
premises. Said notice shall be constructed and
posted to the satisfaction of the Planning Direc-
tor.
(6) Adult Arcades.
a. It is unlawful to maintain, operate or manage
or to permit to be maintained, operated, or
managed any adult arcade in which the viewing
areas are not visible from a continuous main
aisle or are obscured by a curtain, door,
wall, or other enclosure. For purposes of
this subsection, 'viewing area' means the
area where a patron or customer would ordi-
narily be positioned while watching the per-
formance, picture, show, or film.
b. It is unlawful for more than one person at a
time to occupy any individually partitioned
viewing area or booth.
c. It is unlawful to create, maintain or permit
to be maintained any holes or other openings
between any two booths or individual viewing
areas for the purpose of providing viewing or
physical access between the booth or individ-
ual viewing area.
(7) Signs
All on -site signage shall conform to the relevant
provisions of the Code of the City of Cypress
regarding signs. All adult materials and activi-
ties shall be concealed from view from any public
right -of -way, parking lot or neighboring property.
(8) Sale /Serving of Alcohol
It is unlawful to sell, serve or permit the con-
sumption of alcohol in a structure occupied by an
adult business.
(9) Age Restrictions
It is unlawful to permit patrons or employees
under the age of eighteen in a structure occupied
by an adult business, including adult arcades,
adult bookstores, adult cabarets, adult motels,
adult motion picture theaters, adult theaters,
escort /dating services, massage parlors or sexual
encounter establishments.
(10) Time of Operation
No adult business shall be open or operating dur-
ing the hours from 10:00 p.m. to 8:00 a.m.
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15F -5 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 days of
its being filed with the Department of Community Development.
15F -6 Suspension and Revocation of a Conditional
Use Permit. The City Council may suspend or revoke any condi-
tional use permit if it is found that any of the following
conditions exist in addition to the criteria set forth in this
Ordinance:
(a) 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 and this Chapter;
(b) That the approved use has been substantially en-
larged 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
(c) The Adult Business License has been suspended or
revoked.
15F -7 Adult Business License Required. An appli-
cant for the operation of an adult businesses must obtain an
adult business license in addition to a conditional use permit.
Such adult business license shall be non - transferable and must be
renewed on an annual basis on the anniversary date of the origi-
nal application. The license obtained is non - transferable and a
new license must be obtained if the business is leased, sold or
otherwise transferred for any reason.
4042442.ORD
(a) Applicants for such licenses shall file a written,
signed and verified application or renewal appli-
cation on a form provided by the Community Devel-
opment Department. Such application shall con-
tain:
(1) The name and permanent address of applicant.
(2) The name and business address of the appli-
cant. 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 less than twenty -five
percent (25%) of the stock of the corpora-
tion. 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 pro-
viding 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
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applicant's business and of any entertain-
ment;
(7) A statement of the nature and character of
applicant's business if any, to be carried on
in conjunction with such entertainment; and
(8) For a renewal application, applicant in addi-
tion shall indicate any changes since the
filing of the initial application.
(b) All applications for a license or renewal shall be
filed with the City Police Department. Each ap-
plication shall be accompanied by a non - refundable
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.
Such fee shall not exceed the reasonable cost of
investigation, inspection and processing of such
application.
(c) After an investigation, the Police Chief shall
approve the issuance of a license or renewal un-
less he finds one or more of the following to be
true:
(1) That the building, structure, equipment and
location used by the business for which a
license is required herein does 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 Cyp-
ress;
(2) That the applicant, his or her employee,
agent, partner, director, officer, stockhold-
er or manager has knowingly made any false,
misleading or fraudulent statement of materi-
al fact in the application for a license or
in any report or record required to be filed
with the Police Department, or other depart-
ment 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 ap-
plication;
(4) 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;
(5) That a conditional use permit has been denied
for the proposed use; or
(6) That an applicant is under eighteen (18)
years of age.
15F -8 Decision of Police Chief. The decision of the
Police Chief regarding a license application shall be issued
within 45 days of the date of the filing of the application
unless the Police Chief has set the matter for hearing before the
City Council. Such hearing must be held and a decision rendered
within sixty (60) days from the date of filing of the applica-
tion, unless the matter is continued at the request of the
applicant. Any decision of the Police Chief may be appealed to
the City Council within fifteen (15) days of the decision. Any
4042442.ORD
appeal shall be scheduled for a hearing before the City Council
within thirty (30) days of its filing.
15F -9 Inspection. An applicant or licensee shall
permit representatives of the Police Department, Health Depart-
ment, 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.
15F -10 Suspension or Revocation of License. After
an investigation, notice and hearing, the Police Chief shall
suspend or revoke an existing adult business 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:
4042442.ORD
(1) The building, structure, equipment and loca-
tion used by the business fails to comply
with the requirements or fails to meet the
standards of the health, 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, mis-
leading 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;
(3) The licensee has had any type of adult busi-
ness license revoked by any public entity
within two (2) years of the date the license
was issued;
(4) There is not a responsible adult on the pre-
mises to act as a manager at all times in
which the business is open or operating;
(5) That the licensee, manager or any agent or
employee of the licensee or manager has been
convicted in a court of competent jurisdic-
tion of any crime in conjunction with or as a
result of the operation of the subject adult
business or any sex - related crime after the
date of issuance of the adult business li-
cense for said business;
(6) That an adult business has been used as a
place where sexual intercourse, sodomy, oral
copulation, masturbation, prostitution, as-
signation or other lewd acts occur or have
occurred;
(7) That the subject adult business has employed
minors;
(8) That the licensee, his or her employee,
agent, partner, director, officer, stockhold-
er or manager has violated any provision of
this Ordinance; or
-12-
(9) That the conditional use permit for the use
has been suspended or revoked.
15F -11 Non - transferability of Adult Business Li-
cense. A licensee shall not transfer an Adult Business License
to another, nor shall a licensee operate an adult business under
the authority of a license at any place other than the address
designated in the application. Any adult business license which
is transferred to another person or to another location shall
immediately become null and void.
15F -12 Regulations Non - Exclusive. 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.
15F -13 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 viola-
tion is committed or continued.
15F -14 Public Nuisance. In addition to the penal-
ties set forth at Section 15F -13 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.
15F -15 Conflicting Ordinances Repealed. All ordi-
nances or parts of ordinances, or regulations in conflict with
the provisions of this Ordinance are hereby repealed."
SECTION 3. Unless extended in the manner provided by
Government code Section 65858, this Ordinance shall remain in
full force and effect for forty -five (45) days from the date of
its adoption, and thereafter shall be of no further force and
effect.
SECTION 4. If any section, subsection, subdivision, sen-
tence, clause, phrase, or portion of this Ordinance, is for any
reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION 5. The City Clerk shall certify to the passage of
this ordinance as an urgency ordinance and shall cause the same
to be posted in the manner provided by law.
PASSED AND ADOPTED by the City Council of the City of Cypress
ata regular meeting held on the 25th day of April 1994.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY ,.CLERK F THE CITY OF CYPRESS
3c'o
30/
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF CYPRESS )
I, DARRELL ESSEX, City Clerk of the City of Cypress,
California, DO HEREBY CERTIFY that the foregoing Ordinance was
duly adopted as an urgency ordinance at a regular meeting of the
City Council of the City of Cypress, held on the 25th day of April
1994; by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS: Age, Bowman, Kerry,
Nicholson and Partin
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CI Y CLERK OF THE
CITY OF CYPRESS