Ordinance No. 936ORDINANCE NO. 936
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS EXTENDING ORDINANCE NO. 918
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. 918 declaring a moratorium on Adult Businesses within
the City of Cypress and providing an exception for Adult Businesses within specified
Iocational criteria with an approved conditional use permit and Adult Business License shall
be extended for a final period of one (1) year 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
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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 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:
(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
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(8)
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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.
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.
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.
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
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
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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:
"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 Nontransferability of Adult Business License.
15F -12 Regulations Nonexclusive.
15F -13 Violations /Penalties.
15F -14 Public Nuisance.
15F -15 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.
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
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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
(3)
(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
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;'
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;'
(7)
(8)
(9)
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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.'
Establishment of an Adult Entertainment Business.
Includes any of the following:
(a) The opening or commencement of any such business as a new
business;
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(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;
(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;
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(b) Sex acts, actual or simulated, including intercourse, oral copulation or
sodomy;
(c) Masturbation, actual or simulated; or
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(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 10% 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:
(2)
(3)
(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.
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. 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.
Subject to the foregoing, Adult Businesses shall be permitted in those areas
designated in Section 2 of the Ordinance provided:
(a) 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.
(b) Each such Adult Business must, prior to commencement or
continuation of such business, first apply for and receive an Adult
Business License.
(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:
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(1) Maximum occupancy Toad, 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.
(7)
(8)
(9)
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(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 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.
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.
Sale /Serving of Alcohol. It is unlawful to sell, serve or permit the
consumption of alcohol in a structure occupied by an adult business.
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.
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(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
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:
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(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;
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(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 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.
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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;
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;
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;
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)
(8)
(9)
That the subject adult business has employed minors;
That the licensee, his or her employee, agent, partner, director, officer,
stockholder or manager has violated any provision of this Ordinance; or
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
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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."
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 ten (10) month
and fifteen (15) day period of Ordinance No. 918 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 24th day of April 1995.
AYOR OF THE CITY OF C RESS
ATTEST:
CI LE K • T /HF CYPRESS
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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 24th day of
April 1 995; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones,
Kerry and Age
NOES 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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OF CYPRESS