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Ordinance No. 918ORDINANCE NO. 918 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING ORDINANCE NO. 914 DECLARING A MORATORIUM ON ADULT BUSINESSES WITHIN THE CITY OF CYPRESS AND PROVIDING AN EXCEPTION FOR ADULT BUSINESSES WITHIN SPECIFIED LOCATIONAL CRITERIA WITH AN APPROVED CONDITIONAL 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 I. The term of Ordinance No. 914 declaring a moratorium on Adult Businesses within the City of Cypress and providing an exception for Adult Businesses within specified locational criteria with an approved conditional use permit and Adult Business License shall be extended for a period of ten (10) months and fifteen (15) days pursuant to the provisions of Government Code Section 65858. SECTION II. The City Council finds that a public hearing has been properly noticed in accordance with Government Code Section 65090 and held by said Council prior to enacting this Ordinance. SECTION III. 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 regulating 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, and 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 adopt 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- JEC:pm:051894(cyp100.ord) -1- 3o 311 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 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, 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. 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: (1) The City Council in adopting this Interim 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: St. Paul, Minnesota: Garden Grove, California Upland, California 1986 1984 1977 1979 1989 1991 1992 (2) Based on the foregoing studies and the other evidence presented, the City of Cypress finds that: (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. (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 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 JEC:pm:051894(cyp100.ord) -2- 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) 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 Interim 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 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 - 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 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 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 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 persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the JEC:pm:051894(cyp100.ord) -3- 313 blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. The City of Cypress has conducted or will be conducting studies identifying particular areas of the City frequented by minors, 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 limitation or restriction on the content of any communicative materials, including sexually- oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution. SECTION IV. 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 IV shall comply with the criteria set forth in Chapter 15F of the Code of the City of Cypress, as added herein. SECTION V. Chapter 15F "Adult Business Regulations" of the Code of the City of Cypress is hereby added to read as follows: Sections: 15F -1 15F -2 15F -3 15F -4 15F -5 15F -6 15F -7 15F -8 15F -9 15F -10 15F -11 15F -12 15F -13 15F -14 15F -15 "CHAPTER 15F INTERIM ADULT BUSINESS REGULATIONS Purpose and Intent. Definitions. Location Standards. Requirements for Conditional Use Permit. Time Limits for Action on Conditional Use Permit Suspension and Revocation of a Conditional Use Permit. Adult Business License Required. Decision of Police Chief. Inspection. Suspension or Revocation of License. Nontransferability of Adult Business License. Regulations Nonexclusive. Violations /Penalties. Public Nuisance. Conflicting Ordinances Repealed. 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. JEC:pm:051894(cyp100.ord) -4- 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;' (2) Adult Bookstore. An establishment which has as a substantial portion (25% or more of gross flow area) of its stock -in -trade and offers for sale for any form of consideration any one or more of the following: (a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized 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.' (3) Adult Business. A business which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, 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 bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort /dating service, gentlemen's club, massage parlor or sexual encounter establishment. (4) Adult Cabaret. A nightclub, restaurant or similar 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;' (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 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, 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;' JEC:pm:051894(cyp100.ord) -5- 3.0 (7) 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;' (8) Escort /Dating Service. A person or business entity which, for 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 business as a new business; (b) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment business defined herein; (c) The addition of any of the adult entertainment 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 patronage, either by law and /or by the operators of such businesses, and features adult - oriented entertainment or which is characterized by an emphasis upon Specified Sexual Activities and /or Specified 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 religious activities; (13) 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 a vocational or professional institution of higher education, including a community or junior college, college or university; (14) Sexual Encounter Establishment. 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 consort in connection with 'specified sexual activities' or the exposure of 'specified anatomical areas.' This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in sexual therapy; JEC:pm:051894(cyp100.ord) -6- (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; or (d) Excretory functions as part of or in connection with any of the activities described in subsections (a) through (c) or this subsection. (17) Substantial Enlargement. The increase in floor area occupied by the business, by more than 10a of this floor area exists on the effective date of this Code. 15F -3 Location Standards. (1) An Adult Business shall not be established nor located within one thousand (1,000) feet of: (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 church, chapel, or similar place of worship or property zoned, planned or otherwise designated for such use by City action; (d) Any school, nursery, day care center, park or playground or property zoned, planned or otherwise designated for such use by City action; or, (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. (3) 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 described in subsection (A) above, or to the nearest point of the building or structure in which an existing Adult Business described in subsection (B) is located. JEC:pm:051894(cyp100.ord) -7- 396 317 Subject to the foregoing, Adult Businesses shall be permitted in those areas designated in Section 2 of the Ordinance provided: Each such Adult Business commencement or continuation first apply for and receive Commission a conditional use pe Each such Adult Business commencement or continuation first apply for and receive License. must, prior to of such business, from the Planning rmit. must, prior to of such business, an Adult Business (c) 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. (d) 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 requirements 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 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 in Parking Lots. 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 plot plans and shall be reviewed and approved by the Planning Department. (4) Amplified Sound. No loudspeakers or sound equipment 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 indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Planning Director. (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 JEC:pm:051894(cyp100.ord) -8- 311 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 ordinarily be positioned while watching the performance, 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 individual 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 activities 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 consumption 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 during the hours from 10:00 p.m. to 8:00 a.m. 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 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 and this Chapter; (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. 15F -7 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 be nontransferrable and must be renewed on an annual basis on the anniversary date of the JEC:pm:051894(cyp100.ord) -9- 31 original application. The license obtained is nontransferrable and a new license must be obtained if the business is leased, sold or otherwise transferred for any reason. (1) 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: (a) The name and permanent address of applicant. (b) 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 less 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; (c) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; (d) Hours of operation; (e) A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; (f) The name or names of the person or persons having the management or supervision of applicant's business and of any entertainment; (g) A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment; and (h) For a renewal application, applicant in addition shall indicate any changes since the filing of the initial application. (2) All applications for a license or renewal shall be filed with the City Police 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. (3) After an investigation, the Police Chief shall approve the issuance of a license or renewal unless he finds one or more of the following to be true: (a) 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 Cypress; (b) 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 JEC:pm:051894(cyp100.ord) -10- 3a record required to be filed with the Police Department, or other department of the City; (c) 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; (d) 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; (e) That a conditional use permit has been denied for the proposed use; or (f) 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 forty -five (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 application, unless the matter is continued at the request of the application. Any decision of the Police Chief may be appealed to the City Council within fifteen (15) days of the decision. Any 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 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. 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: (1) The building, structure, equipment and location 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, misleading or fraudulent statements 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 business license revoked by any public entity within two (2) years of the date the license was issued; JEC:pm:051894(cyp100.ord) 32/ (4) 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; (5) That the licensee, manager or any agent or employee of the licensee 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 the subject adult business or any sex - related crime after the date of issuance of the adult business license for said business; (6) That an adult business has been used as a place where sexual intercourse, sodomy, oral copulation, masturbation, prostitution, assignation 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, stockholder or manager has violated any provision of this Ordinance; or (9) That the conditional use permit for the use has been suspended or revoked. 15F -11 Nontransferability of Adult Business License. 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 violation is committed or continued. 15F -14 Public Nuisance. In addition to the penalties 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 ordinances or parts of ordinances, or regulations in conflict with the provisions of this Ordinance are hereby repealed." JEC:pm:051894(cyp100.ord) -12- SECTION VI. This Ordinance is hereby declared to be an urgency measure pursuant to Government Code Section 65858 and the Ordinance shall take effect immediately upon its adoption. SECTION VII. Upon the effective date of this Ordinance, any remaining time on the forty-five (4 5) day period of Ordinance No. 914 shall be deemed to have merged into this Ordinance. SECTION VIII. If any section, subsection, subdivision, sentence, 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 IX. 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 approved by law. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 23rd day of May 1994. pCAl MAYOR OF THE CITY OF CYPRESS ATTEST: &14at2 CITYE C Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 said City Council, held on the 23rd day of May 1994; by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry, Nicholson and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None JEC:pm:051894(cyp100.ord) CITY CLERK OF THECITY OF CYPRESS -13- 322.