Ordinance - 1974ORDINANCE NO. 1974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE (ZONING),
RELATED TO ADULT -ORIENTED BUSINESSES (CODE AMENDMENT
NO. 272).
WHEREAS, in order to protect the public health, safety, and general welfare of
the community, the City of West Covina desires to amend those sections of Chapter 26
of the West Covina Municipal Code related to adult -oriented businesses to ensure that
said businesses are properly sited and regulated in a manner consistent with
applicable provisions of the law; and
WHEREAS, the Planning Commission did, on the 23rd day of April, 1996, open
a duly advertised public hearing as prescribed by law; and said public hearing was
continued to and conducted on the 14th day of May, 1996, at which time the Planning
Commission adopted Resolution No. 05-96-4354 recommending to the City Council
approval of Code Amendment No. 272; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised
public hearing on the 21 st day of May, 1996; and
WHEREAS, studies and investigations reviewed at that meeting and made by
the Commission reveal the following facts:
1. The City Council adopted Ordinance No. 1935 (codified as West Covina
Municipal Code §. 26-685.4100 - 26-685.5200) to regulate the operation of Adult
Oriented Businesses within the City;
2. By adopting this ordinance, the City does not intend to discriminate against free
speech but simply to be sure uses are in the appropriate areas and regulated as
to time, place and manner as such uses have been recognized by independent
studies and state and federal courts as having objectionable operational
characteristics
3. Crime rates are higher in areas surrounding Adult Oriented Businesses;
4. Areas within close walking distance of single and multiple family dwellings
should be free of Adult Oriented Businesses;
5. Adult Oriented Businesses should not be located in areas of the City which are
in the vicinity of residential uses, religious institutions, parks and schools;
6.. The image of the City as a pleasant and attractive place to reside will be
adversely affected by .the presence of Adult Oriented Businesses in close
proximity to residential uses, religious institutions, parks, and schools, and by
the concentration of Adult Oriented Businesses;
7. The existence of Adult Oriented Businesses in close proximity to residential and
commercial areas has been shown in some cities to reduce the property values
in those areas;
8. The City Council believes that allowing Adult Oriented Businesses in the manner
provided herein is appropriate because review by staff shows such areas include
ample available real estate that is easily accessible by freeways, highways and
roads; and this availability was determined to exist when considering factors
including, but not limited to, distance separations from residential zones,
residential uses, churches and religious institutions, public parks, and
educational institutions, distance separations from other potential sites for Adult
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 2
Oriented Businesses, availability of proper infrastructure, suitability for generic
commercial enterprises, and inclusion within the actual market for commercial
enterprises generally.
9. Without the adoption of this Ordinance,. Adult Oriented Businesses might be able
to locate anywhere within the City by right, requiring no permit other than a
business license to operate, thereby subjecting the people of the City to the
unmitigated secondary effects shown to accompany unregulated Adult Oriented
Businesses;
10. A reasonable regulation of the location of Adult Oriented Businesses protects.
the image of the community and its property values and protects its residents
from the adverse secondary effects of such Adult Oriented Businesses, while
providing those who desire to patronize Adult Oriented Businesses an
opportunity to do so in appropriate areas within the City;
11. The aforementioned studies show that sex -related offenses are included within
the category of secondary effects caused by unregulated or underregulated
Adult Oriented Businesses even where merchandise may be used off -premises;
12. The City Council believes that locational criteria alone do not adequately protect
the health, safety, and general welfare of West Covina citizens and thus
additional ownership and operation requirements are necessary to deal with
decreases in property values and blighting of adult business areas; and the
Planning Commission specifically takes legislative notice of Key, Inc. v. Kitsap
County (9th Cir. 1986)
13. The City Council believes that persons who have been convicted of sex -related
offenses have shown a propensity to commit such offenses and should not be
permitted to operate Adult Oriented Businesses for two (2) years after such
conviction. This is because the sexually oriented nature of the business creates
an increased opportunity for the commission of sex -related offenses by persons
who have exhibited a propensity for the commission of such offenses;
14. The City Council believes as true the documents and judicial decisions in the
public record and referenced in these recitals which demonstrate that various
operational practices of Adult Oriented Businesses (as that term is defined in
Section 26-685.4200 of this Code) increase criminal activity, including but not
limited to sexually related criminal activity, and increase the likelihood of the
transmission of diseases including but not limited to sexually transmitted
diseases such as gonorrhea, syphilis, herpes, acquired immune deficiency
syndrome ("AIDS"), and hepatitis-B;
15. In developing this Ordinance, the City Council has been mindful of legal
principles relating to the regulation of Adult Oriented Businesses. The Planning
Commission has considered (1) decisions of the United States Supreme Court
regarding local regulation of Adult Oriented Businesses which include, but are
not limited to: Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976),
Renton v. Playtime Theaters, 475 U.S. 41 (1986), and FW/PBS, Inc. v. Dallas,
493 U.S. 215 (1990); (2) decisions of the United States Court of Appeal, Ninth
Circuit, which include but are not limited to: Topanga Press, et al., v..City of Los
Angeles, 989 F.2d 1524 (1993); (3) other federal cases which include Lakeland
Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang On, Inc. v.
Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult
Entertainment (3rd Cir. 1993) 10 F.3d 123, International Eateries v. Broward
County (11th Cir. 1991) 941 F.2d 1157, Star Satellite v. City of Biloxi (5th Cir.
1986) 779 F.2d 1074, ILQ Investment v. City of Rochester (8th Cir. 1994) 25
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 3
F.3d 1413, Kev v. Kitsap County (9th Cir. 1986) 793 F.2d 1053, and Spokane
Arcade, Inc. v. City of Spokane (9th Cir. 1996) 75 F.3d 663; and (4) California
cases including but not limited to City of National City v. Weiner (1992) 3 Cal.4th
832, People v. Superior Court (Lucero) (1989) 49 Cal.3d 14, and City of Vallejo
v. Adult Books, et al. (1985) 167 Cal.App 3d 1169.
16. The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning. the adverse effects of
Adult Oriented Businesses in other cities: Garden Grove, California (1991);
Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986);
Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas,
(1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix,
Arizona (1979); Whittier, California (1978); Amarillo, Texas (1977) Cleveland,
Ohio (1977); Los Angeles, California (1977). The Planning Commission finds
that these studies are relevant to the problems addressed by the City in enacting
this ordinance to regulate the adverse secondary side effects of Adult Oriented
Businesses; and
WHEREAS, the City Council also believes the following statements are true
based upon its understanding of the documents and judicial decisions in the public
record as set out herein established and submitted with this Ordinance:
1. Evidence indicates that dancers, models, entertainers, and other persons who
publicly perform Specified Sexual Activities or publicly display Specified
Anatomical Parts in Adult Oriented Businesses (as those terms are defined in
Section 26-685-4200) (collectively referred to as "Performers") have been found
to engage in sexual activities with patrons of Adult Oriented Businesses on the
site of the Adult Oriented Business;
2. Evidence has demonstrated that Performers employed by Adult Oriented
Businesses have been found to offer and provide private shows_ to patrons who,
for a price, are permitted to observe and participate with the Performers in live
sex shows;
3. Evidence indicates that Performers at Adult Oriented Businesses have been
found to engage in acts of prostitution with patrons of the establishment;
4. Evidence indicates that fully enclosed booths, individual viewing areas, and
other small rooms whose interior cannot be seen from public areas of the
establishment ("Individual Viewing Areas") regularly have been found to be used
as a location for engaging in unlawful sexual activity;
5. Individual Viewing Areas have been found to contain "glory holes" in the walls
joining abutting Individual Viewing Areas which are used by customers to
facilitate sexual activity between the occupants of the abutting Individual Viewing
Areas;
6, Individual Viewing Areas have been found to be unsanitary due to the existence
of semen, saliva, and blood on the walls and floors of the Individual Viewing
Areas;
7. Medical science has found that the AIDS and hepatitis-B viruses are carried in
the semen of infected males and have a potential life span of two to three hours
outside the human body;
8. The existence of semen on the walls and floors of the Individual Viewing Areas
can facilitate the transmission of the AIDS and hepatitis-B vir.uses;.
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 4
9. The practice of individuals having anonymous and/or unprotected sexual
relations in Individual Viewing Areas can facilitate the transmission of the AIDS
and hepatitis-B viruses as well as other sexually transmitted diseases;
10. Poorly lit or unlit areas of Adult Oriented Businesses provide a location for
people to engage in illegal or illicit sexual activities;
11 . Police agencies have determined that some Adult Oriented Businesses and the
operators thereof have been found to be directly engaged in (as well as aid and
abet) criminal and illegal sexual activity. Such individuals also have been known
to use aliases;
12. Many jurisdictions have found that Adult Oriented Businesses generate
excessive noise and disorderly conduct, particularly at the closing time of the
Adult Oriented Business, which creates an adverse noise public safety impact on
surrounding businesses and communities;
13. The experiences of the cities of Palm Springs and Huntington Beach, California,
indicate that disorderly conduct is likely to occur when crowds which are under
the influence of alcohol become involved in sexually oriented activities; and
WHEREAS, the City Council desires to protect the rights of those who provide
adult oriented entertainment, it desires to do so in a manner which decreases, to the
greatest extent feasible, the undesirable secondary effects associated with such
entertainment; and
WHEREAS, based upon the evidence contained in the documents, judicial
opinions, and other public records comprising the record for this Ordinance, the City
Council finds as follows:
1. The City has an interest in ensuring that individuals who operate Adult Oriented
Businesses have not been convicted of certain criminal offenses, particularly
sexually related offenses. The application requirements contained in Chapter
26.685 of the West Covina Municipal Code further that interest;
2. Requiring the presence of one (1) security guard for every 50 patrons at Adult
Oriented Businesses providing live entertainment is likely to reduce the
disorderly conduct and illegal activity observed to occur at Adult Oriented
Businesses in other jurisdictions;
3. The requirement that Adult Oriented Businesses only allow performances which
are characterized by Specified Sexual Acts or feature Specified Anatomical
Parts such that patrons not be permitted within six (6) feet of the Performers is
likely to reduce the opportunities for illegal sexual activity and physical contact to
occur between Performers and patrons, and is particularly likely to reduce the
opportunity for such illegal sexual activity to occur at the Adult Oriented
Business;
4. Requiring Performers in Individual Viewing Areas to be completely separated
from patrons by a floor to ceiling plexiglass or other clear, permanent barrier is
likely to reduce the opportunity for illegal sexual activity to occur between
Performers and patrons and reduce the possibility of the transmission of sexually
transmitted diseases. between Performers and patrons;
5. Requiring the entire interior portion of Individual Viewing Areas to be visible from
aisles and public areas of the Adult Oriented Business is likely to reduce the
opportunity for illegal sexual activity to occur within the Individual Viewing Area;
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 5
6. Requiring areas within Adult Oriented Businesses to be minimally illuminated to
the standards contained herein is likely to reduce the opportunity for the
occurrence of illegal sexual activity in dark portions of Adult Oriented
Businesses;
7. Prohibiting any physical contact between Performers and patrons of Adult
Oriented Businesses is likely to reduce the opportunity for the occurrence of
illegal sexual activity between patrons and Performers;
8. Prohibiting holes or openings between the interior spaces of Individual Viewing
Areas is likely to reduce the opportunity for the occurrence of illegal sexual
activity between the occupants of Individual Viewing Areas;
9. Prohibiting the occupancy of more than one (1) person in an Individual Viewing
Area at any time is likely to reduce the opportunity for the Individual Viewing
Area to be used for illegal sexual activity;
10. Prohibiting patrons of Adult Oriented Businesses from directly providing
payments or gratuities to and prohibiting Performers from directly accepting the
same is likely to reduce the opportunity for illegal sexual activity to occur
between patrons and Performers;
11. Preventing the exchange of money between entertainers and patrons also
reduces the likelihood of drug and sex transactions occurring in Adult Oriented
Businesses;
12. Requiring separations between entertainers and patrons reduces the likelihood
that such persons will negotiate narcotics sales and/or transact sexual favors
within the Adult Oriented Business;
13. Enclosed or concealed booths and dimly -lit areas within Adult Oriented
Businesses greatly increase the potential for misuse of the premises, including
unlawful conduct of a type which facilitates transmission of disease.
Requirements that all indoor areas be open to view by management at all times,
and that adequate lighting be provided are necessary in order to reduce the
opportunity for, and therefore the incidence of illegal conduct within Adult
Oriented Businesses, and to facilitate the inspection of the interior of the
premises thereof by law enforcement personnel;
14. By prohibiting total nudity in Adult Oriented Businesses, the City Council does
not intend to prescribe the communication of erotic messages or any other
communication, but rather only to prohibit nudity within such businesses due to
its secondary impacts, especially prostitution;
15. The City Council also .finds on a wholly independent basis, that it has a
substantial public interest in preserving societal order and morality and that such
interest is furthered by a prohibition on nudity;
16. In enacting a nudity limitation, the City Council declares that this is a regulatory
licensing provision and not a criminal offense. The City has not provided a
criminal penalty for violation of the nudity limitation. The City adopts such a
limitation as a condition of issuance and maintenance of an adult oriented
business permit and as provided in Barnes v. Glen Theaters, Inc. (1991) 501
U.S. 560; and
WHEREAS, zoning, licensing, and other police power regulations are legitimate,
reasonable means of accountability to help protect the quality of life in the community
ZAMORDI NSMADULTBUS. DOC
Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 6
of West Covina, and to help assure that all operators of Adult Oriented Businesses
comply with reasonable regulations and are located in places that minimize the adverse
secondary effects which naturally accompany the operation of such businesses; and
.^WHEREAS, the City Council recognizes the possible harmful effects on children
and minors exposed to the effects of such Adult Oriented Businesses and the
deterioration of respect for family values, and the need and desire of children and
minors to, stay away from and avoid such businesses, which causes children to be
fearful and cautious when walking through or visiting the immediate neighborhood of
such businesses; and the City Council desires to minimize and control the adverse
secondary side effects associated with the operation of Adult Oriented Businesses and
thereby protect the health, safety, and welfare of the citizens of West Covina; protect
the citizens from increased crime; preserve the quality of life; preserve property values
and the character of surrounding neighborhoods and businesses; deter the spread of
urban blight and protect against the threat to health from the spread of communicable
and sexually transmitted diseases; and
WHEREAS, it is not the intent of the City Council in enacting this Ordinance, or
any provision thereof, to condone or legitimize the distribution of obscene material, and
the City of West Covina recognizes that state law prohibits the distribution of the
obscene materials and expects and encourages law enforcement officials to enforce
state obscenity statutes against such illegal activities in the City of West Covina; and
WHEREAS, nothing in this ordinance is intended to authorize, legalize, or permit
the establishment, operation, or maintenance of any business, building, or use which
violates any City ordinance or any statute of the State of California regarding public
nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or
harmful matter, or the exhibition or public display thereof.
NOW, THEREFORE, the City Council of the City of West Covina does hereby
ordain as follows:
SECTION 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 272 is hereby found to be consistent with the West Covina General Plan
and the implementation thereof.
SECTION 2: The City Council hereby amends Section 26-597 of the West Covina
Municipal Code by revising the description of symbols immediately preceding the matrix of
permitted uses to read as follows:
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and
approval by the planning director.
s Indicates stated use may be a specialized nonresidential use and may
require a conditional use permit approval if it is proposed in an existing,
planned, or proposed commercial center and the planning director finds the
conditional use permit necessary.
a Indicates stated use is allowed b adult oriented business permit.
Y
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 7
SECTION 3: The City Council hereby amends Section 26-597 of the West Covina
Municipal. Code by revising the matrix of permitted uses by adding and amending the
following uses:
M
M
M
M
P
R
R
F
F
F
F
O
N
C
R
S
C
C
M
I
A
P
O
A
.1
8
15
20
45
P
C
C
C
C
2
3
1
P
R
B
S
Adult -oriented
businesses, with or
a
a
a
a
a
without live entertainment
Entertainment (live) in
conjunction with a
commercial use
(excludes karaoke and
c
C
c
c
c
c
c
c
c
solo musicians, excludes
adult -oriented
businesses
Entertainment (live) solo
musicians as background
music and karaoke in
conjunction with a
P
P
P
P
P
P
P
P
P
commercial use
(excludes adult -oriented
businesses
Hotels (excluding adult
hotels/motels)
x
x
x
x
Motels (excluding adult
hotels/motels)
c
C
c
C
SECTION 4: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by adding the definition of "Adult arcade" at the beginning of said
section to read as follows:
Adult arcade: An establishment having as one of its principal business
purposes, for any form of consideration, one (1) or more still or motion picture
projectors, or similar machines show films, computer generated images, motion
pictures, video cassettes, slides, or other photographic reproductions which are
distinguished or characterized by an emphasis upon the depiction or description of
Specified Sexual Activities or Specified Anatomical Areas.
SECTION 5: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by revising the definition of "Adult bookstore" to read as follows:
Adult bookstore. An establishment having as one of its principal business
purposes the display and/or distribution of adult merchandise, books, periodicals,
magazines, photographs, drawings, sculpture, motion pictures, films, or videos, or
other visual representations which are distinguished or characterized by an
emphasis upon the depiction or description of Specified Sexual Activity or Specified
Anatomical Areas.
SECTION 6: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by adding the definition of "Adult cabaret" following the definition of
"Adult bookstore" to read as follows:
Adult cabaret: A nightclub, restaurant, or similar business establishment
which: (1) regularly features live entertainment as defined herein; and/or (2) which
regularly features persons who display Specified Anatomical Areas; and/or (3)
shows films, computer generated images, motion pictures, video cassettes, slides,
or other photographic reproductions which are distinguished or characterized by an
emphasis upon the depiction or description of Specified Sexual Activities or
Specified Anatomical Areas.
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 8
SECTION 7: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by revising the definition of "Adult hotel/motel" to read as follows:
Adult hotel/motel: A hotel or motel or similar business establishment offering
public accommodations for any form of consideration which (1) provides patrons
with closed-circuit television transmissions, films, computer generated images,
motion pictures, video cassettes, slides, or other photographic reproductions which
are distinguished or characterized by an emphasis upon the depiction or description
of Specified Sexual activities or Specified Anatomical Areas; and (2) rents, leases,
or lets any room for less than a six (6) hour period, or rents, leases, or lets any
single room more than twice in a twenty-four (24) hour period.
1
SECTION 8: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by revising the definition of "Adult motion picture theater" to read as
follows:
Adult motion picture theater An establishment having as one of its principal
business purposes, the showing of, for any form of consideration, films, computer
generated images, motion pictures, video cassettes, slides, or similar photographic
reproductions which are distinguished or characterized by an emphasis upon the
depiction or description of Specified Sexual Activities or Specified Anatomical Areas.
SECTION 9: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by --revising the definition of "Adult oriented business" to read as
follows:
Adult oriented business: Adult arcades, adult bookstores, adult
cabarets, adult hotels/motels, adult motion picture theaters, adult theaters,
sexual encounter centers, modeling studios, and any other business or
establishment which offers and/or provides to its patrons merchandise,
services or entertainment distinguished or characterized by an emphasis on
matters depicting, describing or relating to Specified Sexual Activities or
Specified Anatomical Areas, but not including those activities, the regulation
of which are preempted or prohibited by state law. "Adult Oriented Business"
shall also include any establishment which, on a regular basis, provides or
allows performers, models, or employees to appear in any place in non -
opaque clothing, covering, or lingerie or in any opaque covering which is at
any time altered to become non -opaque such that Specified Anatomical
Areas become visible. For the purposes of this section, emphasis on matter
depicting, describing or relating to Specified Sexual Activities or Specified
Anatomical Areas is found to be in existence in situations which include, but
are not limited to, one or more of the following:
1. One of the principal purposes of the business or establishment
is to operate as an Adult Oriented Business as evidenced by
the name, signage, advertising or other public promotion
utilized by said establishment.
2. One of the principal purposes of the business or establishment
is to operate as an Adult Oriented .Business as demonstrated
by its services, materials, products or entertainment
constituting a substantial or significant portion of total business
operations where such services, products or entertainment are
distinguished or characterized by an emphasis on matter
depicting, describing or relating to Specified Sexual Activities
or Specified Anatomical Areas. As used in this division, the
term "distinguished or characterized by an emphasis upon"
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 9
shall mean and refer to the dominant or essential theme of the
object described by such phrases. For instance, when the
phrase refers to films "which are distinguished or characterized
by an emphasis upon" the depiction or description of Specified
Sexual Activities or Specified Anatomical Areas, the films so
described are those whose dominant or predominant character
and theme are the depiction of the enumerated Sexual
Activities or Anatomical Areas. See Pringle v. City of Covina,
115 Cal.App3 151 (1981).
SECTION 10: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by revising the definition of "Adult oriented material" to read as
follows:
Adult oriented material. Any book, periodical, magazine, photograph,
drawing, sculpture, motion picture film, video, CD-ROM, laser disk, or other visual
representation distinguished or characterized by an emphasis upon the depiction or
description of Specified Sexual Activity or Specified Anatomical Areas.
SECTION 11: The City Council hereby amends Section 26.685.4200 of the West
Covina Municipal Code by revising the definition of "Adult theater" to read as follows:
Adult theater. A theater, concert hall, auditorium, or similar establishment
which, for any form of consideration regularly features, as one of its principal
business purposes, live performances which are distinguished or characterized by
an emphasis on the display of Specified Sexual Activities or Specified Anatomical
Areas.
SECTION 12: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by deleting the definition of "Escort" in its entirety.
SECTION 13: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by deleting the definition of "Escort service" in its entirety.
.SECTION 14: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by adding the definition of "Individual viewing area" following the
definition of "Adult theater" to read as follows:
Individual viewing area: Any area designed for occupancy of only one (1)
person at any time for the purpose of viewing live performances, pictures, movies,
videos, or other presentations.
SECTION 15: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by adding the definition of "Live entertainment" following the
definition of "Individual viewing area" to read as follows:
Live entertainment: Any display or performance by a human being which is
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
SECTION 16: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by deleting the definition of "Model studio" in its entirety and adding
the definition of "Modeling studio" following the definition of "Live entertainment" to read as
follows:
Modeling studio: An establishment having as one of its principal business
purposes, provides, for any form of compensation, models who, for the purposes of
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 10
sexual stimulation of patrons, display Specified Anatomical Areas to be observed,
sketched, photographed, painted, sculpted, or otherwise depicted by persons paying
such consideration. "Modeling studio" does not include schools maintained
pursuant to standards set by the State Board of Education. "Modeling studios"
further does not include a studio or similar facility owned, operated, or maintained by
an individual artist or group of artists, and which does not provide, permit, or.make
available Specified Sexual Activities.
SECTION 17: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by adding the definition of "Nudity" following the definition of
"Modeling studio" to read as follows:
Nudity. The showing of Specified Anatomical Areas.
SECTION 18: The City Council hereby amends Section 26-685.4200 of the West
Covina Municipal Code by adding the definition of "Performer" following the definition of
"Nudity" to read as follows
Performer.- Any dancer, model, entertainer, or other person who publicly
performs Specified Sexual Activities or publicly displays Specified Anatomical Areas,
or otherwise engages in performances distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
SECTION 19: The City Council hereby amends Section 26-685.4400 of the West
Covina Municipal Code to read as follows:
Sec. 26-685.4400. Adult oriented business permit application. .
Any person, association, partnership, group, or corporation wishing to operate,
engage in, conduct or carry on any Adult Oriented Business shall submit an application,
with the applicable application fee to the planning director. Possession of other state or
City licenses does not exempt the applicant from this permit. An application for an Adult
Oriented Business permit shall be signed by the applicant and shall contain the following
information:
(1) The applicant, if it is a corporation or partnership, shall designate one of
its officers or general partners to act as the "applicant." Such designated
persons shall complete and sign all application forms required of an
individual applicant under this section.
(2,) The full name of the applicant as well as any other names used by the
applicant.
(3) The current residential and business addresses and current residential
and business telephone numbers of the applicant within the past five (5)
years and the name of the business.
(4) Written proof that the applicant is at least eighteen (18) years of age.
(5) . The applicant's birth date and place of birth.
(6) Business, occupation, or employment history of the applicant for the past
five (5) years.
(7) Whether the applicant has had an adult oriented business license or
permit suspended or revoked for cause within the past three (3) years.
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Ordinance No.
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Adult -Oriented Businesses
May 21, 1996 - Page 11
(8) Any applicant convictions within the past five (5) years, and the date and
jurisdiction, relating to operation of an adult oriented business or a sexual
crime.
(9) If the applicant is a corporation, the name of the corporation exactly as
shown in its articles of incorporation or charter, together with the place
and date of incorporation, the names and addresses of each of its current
officers and directors. If the applicant is a partnership, the name,
residence address, and dates of birth of the general partners.
(10) The name and address of the owner and lessor of the real property upon
which the business is to be conducted.
(11) A description of the proposed business activity including a list of the
activities the business intends to undertake and a sketch of the interior
and exterior plans for the adult oriented business which address each of
the requirements of Section 26-685.4600.
SECTION 20: The City Council hereby amends Section 26-685.4600 of the West
Covina Municipal Code to read as follows:
An adult oriented business permit shall be issued if each of the following criteria
is satisfied, except as otherwise regulated by the State Department of Alcoholic
Beverage Control:
(1) Zoning. The Adult Oriented Business is to be located in the
Service -Commercial (S-C) zone, Medium -Commercial (C-2) zone,
Heavy -Commercial (C-3) zone, Regional -Commercial (R-C) zone,
or Manufacturing (M-1) zone.
(2) Proximity to other uses. The Adult Oriented Business is not:
(a) Within three hundred (300) feet of any residential zone or
any lot upon which a residential use is legally occurring at
the time this ordinance is adopted and continues to occur at
the time the application is reviewed; and
(b) Within three hundred (300) feet of any lot upon which there
is located a church or other religious facility or institution,
public park, or educational institution which is utilized by
minors; and
(c) Within five hundred (500) feet of another Adult Oriented
Business.
(3) Measurement of distances. For the purpose of this subsection,
measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where the Adult
Oriented Business is conducted to the nearest property line of the
premises of the religious institution, educational institution utilized
by minors, or park, or to the nearest boundary of a residential
district or use.
(4) Traffic. The Adult Oriented Business shall not be located in an
area where the traffic from the Adult Oriented Business. shall
increase the volume capacity ratio below level of service E; or, will
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 12
worsen the existing condition at level of service F; or increase the
volume capacity ratio by 0.02, all as determined by the city
engineer.
(5) Development standards. Except as set out herein or otherwise
restricted by law, the Adult Oriented Business shall comply with the
development standards, including signage standards, for the zone
in which the premises of the business is located.
(6) Display of adult oriented material or merchandise. The Adult
Oriented Business shall not display any adult oriented material or
merchandise in such a manner so as to be visible from any location
other than within the Adult Oriented Business.
(7) Exclusion of minors. The Adult Oriented Business shall not be
accessible to any person under the age of eighteen (18), and such
exclusion shall be clearly posted at all entrances.
(8) Areas open to public view. No area within the Adult Oriented
Business shall be visible from its exterior.
(9) Interior orientation. The interior of the Adult Oriented Business
shall be configured such that there is an unobstructed view, by use
of the naked eye and unaided by video, closed circuit cameras or
any other means, of every public area of the premises (excluding
restrooms), including but not limited to the interior of all Individual
Viewing Areas, from a manager's station which is no larger than
thirty-two (32) square feet of floor area with no single dimension
being greater than eight (8) feet in a public portion of the
establishment. No public area (excluding restrooms), including but
not limited to the interior of any Individual Viewing Area, shall be
obscured by any door, curtain, wall, two way mirror or other device
which would prohibit a person from seeing into the interior of the
Individual Viewing Area, solely with the use of the naked eye and
unaided by video, closed circuit cameras or any other means, from
the manager's station. A manager shall be stationed in the
managers station at all times the business is in operation or open
to the public in order to enforce all rules and regulations. No
Individual Viewing Area shall be designed or operated to permit
occupancy of more than one person at a time.
(10) Business hours. No Adult Oriented Business shall operate from
the hours of 2:00 a.m. to 7:00 a.m.
(11) Parking lot lighting. The parking lot lighting system shall be so
designed to produce a minimum light level of three (3) foot candles
on the entire parking facility's horizontal surface.
(12) Interior lighting. All areas of the Adult Oriented Business shall be,
illuminated at a minimum of the following foot-candles, minimally
maintained and evenly distributed at ground level:
Arcade
Bookstores
10 foot-candles in public areas
20 foot-candles
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 13
Cabaret 5 foot-candles, except during
performances, at which times
the lighting shall be at least
1.25 foot candles
Hotels/Motels
Individual viewing booths
Motion picture theater
20 foot-candles in public areas
1.25 foot-candles
10 foot-candles, except during
performances, at which times
the lighting shall be at least
1.25 foot-candles
Theater 5 foot-candles, except during
performances, at which times
the lighting shall be at least
1.25 foot candles
Other establishments not listed 20 foot-candles
above
(13) Operation of individual viewing areas. Each machine used to show
films, computer generated images, motion pictures, video
cassettes, slides, or other photographic reproductions which are .
distinguished or characterized by an emphasis upon the depiction
or description of Specified Sexual Activities or Specified
Anatomical Areas shall be located in an Individual Viewing Area.
Any Individual Viewing Area of the Adult Oriented Business shall
be separated from patrons by a floor to ceiling plexiglass or other
clear, permanent barrier and shall be operated and maintained with
no holes, openings, or other means of direct visual or physical
access between the interior space of two (2) or more Individual
Viewing Areas. No Individual Viewing Area may be occupied by
more than one (1) person at any one time.
(14) Separation zones. Whenever live entertainment is provided,
patrons shall be physically separated from Performers by a buffer
zone of at least six (6) feet and no physical contact between
Performers and patrons shall be permitted. This provision shall not
apply to an Individual Viewing Area where the stage is completely
separated from the Individual Viewing Area by' a floor to ceiling
permanent, solid barrier.
(15) Use of single building for multiple uses. No building, premises,
structure, or other facility shall be permitted to contain more than
one (1) type of Adult Oriented Business as such types of Adult
Oriented Business are defined in Section 26-685.4200. For the
purposes of this section, the phrase "Adult Oriented Business"
shall riot be considered a single type of Adult Oriented Business.
(16) Payment of gratuity. No patron shall directly or indirectly pay or
give any gratuity to any Performer and no Performer shall solicit or
accept any gratuity from any patron.
(17) Separate restrooms. The Adult Oriented Business shall provide
separate restroom facilities for male and female patrons and
employees. The restrooms shall be free from Adult Oriented
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Page 14
Material. Only one (1) person shall be allowed in the restroom at
any time, unless otherwise required by law, in which case the Adult
Oriented Business shall employ a restroomn attendant of the same
sex as the restroom users who shall be present in the restroom
during operating hours. The attendant shall prevent any person(s)
from engaging in any Specified Sexual Activities within the
restroom and shall ensure that no person of the opposite sex is
permitted in the restroom.
(18) Parking. The Adult Oriented Business -complies with the City's
parking standards for the underlying use. Where no City parking
standards exist for a particular underlying use, the applicant shall
provide one (1) space per occupant as based upon the maximum
occupancy as determined by the building official.
(19) Security Plan. A detailed security plan is submitted that describes
measures that will be implemented to provide adequate security both
within the interior and exterior of the premises of the business,
specifically including, but not limited to, measures to comply with the
requirements of Subparagraphs (9) and (20) of this section.
(20) Security guards. For an Adult Oriented Business that provides
Live Entertainment, at least one (1) security guard shall be on duty
outside the premises, patrolling the grounds and parking areas, at
all times while the business is open and providing . Live
Entertainment. If the occupancy limit of the premises is greater
than fifty (50) persons, an additional security guard shall be on
duty inside the premises for each additional 50 patrons. The
security guard(s) shall be charged with preventing violations of law
and enforcing compliance by patrons with the requirements of this
division, and notifying the appropriate authorities of any violations
of law observed. Any security guard required by this subparagraph
shall be uniformed in such a manner so as to be readily identifiable
as a security guard by the public and shall be duly licensed as a
security guard as required by applicable provisions of the state or
local law. No security guard required pursuant to this
subparagraph shall act as a door person, ticket seller, ticket taker
or admittance person while acting as a security guard.
(21) The business location, structure, and equipment complies with all
applicable health, fire, building, or other state, federal, or local laws
and regulations.
(22) All statements in the application are true and correct.
(23) The owner or manager of an Adult Oriented Business agrees that ,
he/she will not permit any employee on the premises to- engage in
a live showing of Specified Anatomical Areas.
SECTION 21: The Cit
y y Council hereby amends Section 26-685.5000 to read as
follows:
The planning director may, based on evidence that any provision of this division or
of the permit has been violated, revoke or suspend an adult oriented business permit.
Written notice of the proposed revocation shall be furnished to the permittee. Such notice
shall summarize the principal reasons for the proposed revocation or suspension and shall
be delivered both by posting the notice at the location of the Adult Oriented Business and
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Ordinance No.
Code Amendment No. 272
Adult -Oriented Businesses
May 21, 1996 - Pape 15
by sending * the same, certified mail, return receipt requested and postage pre -paid,
addressed to the permittee as that name and address appears on the permit. Within ten
(10) days after the later of the mailing or posting of the notice, the permittee may file a
request forhearing with the planning director. If the request for a hearing is timely received
by the planning director, the hearing shall be provided as contained in Section 26-685.5100
below. When a hearing is requested, no action shall be taken before the Planning
Commission decision.
SECTION 22: Severability. In any section, subsection, subdivision, paragraph,
sentence, clause, or phrase in this division or any part thereof is for any reason held to
tie unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
division or any part thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase
thereof irrespective of the fact that any one (1) or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or
ineffective.
SECTION 23: The City Clerk shall certify to the passage of this Ordinance and
shall cause the same to be published as required by law.
PASSED AND APPROVED on this 111 hday of June' 1996.
Mayor
ATTEST:
a_A��Zz
City Cler
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City --Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1974 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council 21 st day of May, 1996. That,
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 18th day of June , 1996.
AYES: Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: Herfert
APPROVED AS TO FORM:
dka&_U,L. R�.. fors
City Attorney
City Clerk
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