153 ORDINANCE NO. 153
AN ORDINANCE OF THE. City Council OF THE CITY OF
GRAND TERRACE AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE
REGULATION OF ADULT BUSINESSES AND LIMITING
THEM IN A DESIGNATED ADULT BUSINESS (AB)
OVERLAY ZONE; PROVIDING FOR LICENSING AND
REGULATION OF ADULT BUSINESSES; PROVIDING
ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR
ADULT BUSINESSES; AND REPEALING SECTIONS
INCONSISTENT THEREWITH
THE City Council OF THE CITY OF GRAND TERRACE DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Grand Terrace does hereby find,
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determine and declare that:
A. It is the purpose and intent of this Ordinance to provide for the reasonable
and uniform regulation of adult-oriented businesses in the City of Grand Terrace. It is recog-
nized that adult-oriented businesses have a serious deleterious.effect upon adjacent areas, as well
as the areas in which they are located. It is therefore the purpose of this Ordinance to establish
criteria and standards for the establishment and conduct of adult-oriented businesses which will
protect the public health, safety, and welfare, preserve locally recognized values of community
appearance, minimize the potential for nuisances related to the operation of adult-oriented
businesses, and maintain local property values.
B. It is recognized that adult-oriented businesses, due to their nature, will
effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking,
neighborhood character, and will create a demand on public safety and emergency services; and
will have an adverse impact upon real estate values in the City of Grand Terrace.
C. It is the purpose and intent of this Ordinance to establish proper regulations
and to provide for a reasonable number of appropriately located sites for adult-oriented busi-
nesses within the City of Grand Terrace, based upon the following findings:
(1) The City Council in adopting this Ordinance takes Legislative Notice of
the existence and content of the following studies that substantiate the
adverse, secondary effects of adult-oriented businesses:
Austin, Texas: 1986
Indianapolis, Indiana: 1984
J Los Angeles, California: 1977
Phoenix, Arizona: 1979
St. Paul, Minnesota: 1989
Garden Grove, California 1991
Upland, California 1992
(2) Based on the foregoing studies and the other evidence presented, the City
of Grand Terrace finds that:
(a) Adult-oriented businesses are linked to increases in the crime rates
of those areasin 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 day care centers, thereby having a deleterious effect upon the
adjacent areas.
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(6) It is the purpose and intent of these special regulations to prevent the
concentration of adult-oriented businesses and thereby to prevent such
adverse secondary effects. Thus, in order to protect and preserve the
public health, safety, and welfare of the citizenry, especially minors, the
special regulation of the time, place, and manner of the location and
operation of adult-oriented businesses is necessary.
(7) The protection and preservation of the public health, safety and welfare
require that certain distances be maintained between adult-oriented
businesses and residential uses and zones, churches, schools, day care
centers, parks and other adult-oriented businesses. In preparation of this
Ordinance, the City of Grand Terrace 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-oriented
businesses have upon those sensitive areas and upon the community in
general.
(8) The need to regulate the proximity of adult-oriented businesses to sensitive
land uses such as residential, religious,educational, recreational and other
adult-oriented businesses is documented in studies conducted by other
jurisdictions as listed elsewhere in this Section.
(9) The report of the State of Minnesota Attorney General's Working Group
on the regulation of sexually oriented businesses dated June 6, 1986, indi-
cates that:
(a) Community impacts of sexually oriented businesses are
primarily a function of two variables, proximity to
residential areas and concentration. - Property values are
directly affected within a small radius, typically one block,
of the location of a sexually oriented business.
Concentration may compound depression of property values
and may lead to an increase of crime sufficient to change
the quality of life and perceived desirability of property in
a neighborhood; and,
(b) The impacts of sexually oriented businesses are exacerbated
when they are located near one another. When sexually
oriented businesses have multiple uses (i.e. theater,
bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses.
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(10) In consideration of the findings of the report of the State of Minnesota
i Attorney General's Working Group on the regulation of sexually oriented
businesses dated June 6, 1986, it is appropriate to prohibit the con-
centration of multiple adult-oriented businesses in order to mitigate the
compounded concentrations as described above.
(11) In adopting the regulations set out in this Chapter, it is recognized that
locating adult oriented businesses covered by this Chapter in the vicinity
of facilities frequented by minors will cause the exposure of minors to
adult material which, because of their immaturity, may adversely affect
them. In addition, it is recognized that many persons are offended by the
public display of certain sexual material.. Special regulation of these uses
is necessary to ensure that these adverse effects will not contribute to the
blighting or downgrading of the surrounding neighborhood and to an
adverse effect on minors. The City of Grand Terrace has conducted
studies identifying particular areas of the City frequented by minors, and
has identified areas wherein adult-oriented businesses would have a major
visual impact upon the residents of the City, and has utilized such studies
as the basis for locating areas of the City appropriate for the Adult
Business Overlay Zones established in this Ordinance.
(12) Zoning, licensing and other police power regulations are legitimate
reasonable means of accountability to ensure that the operators of adult-
oriented businesses comply with reasonable regulations and are located in
places which minimize the adverse secondary affects that which naturally
accompany the operation.
(13) The City of Grand Terrace has a legitimate health concern about sexually
transmitted diseases, including AIDS, which demands reasonable
regulations of adult-oriented businesses in order to protect the health and
well-being of its citizens.
(14) The City Council of Grand Terrace has considered the decisions of the
United States Supreme Court regarding local regulation of adult-oriented
businesses, including but not limited to: Young v. American Mini-
Theatres, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v.
Playtime Theatres, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132;
FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen
Theatre, Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991).
(15) The City Council of Grand Terrace has determined that locational criteria
alone do not adequately protect the health, safety and general welfare of
the people of Grand Terrace and thus certain requirements with respect to
the ownership and operation of adult-oriented businesses are in the public
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interest.
(16) The City Council of Grand Terrace consistent with sale and consumption
of alcohol and outside advertising limitations further finds that additional
regulations, including restricted hours of operation will further prevent the
adverse secondary effects of adult-oriented businesses.
(17) The City Council of Grand Terrace desires to protect the rights conferred
by the United States Constitution. As such, the Council does so in a
manner that ensures the continued and orderly development of property
within the City and diminishes, to the greatest extent feasible, those
undesirable secondary effects which the aforementioned studies have
shown as associated with the development and operation of adult-oriented
businesses.
(18) It is not the intent of the City Council of Grand Terrace under this
Ordinance nor any provision thereof; to condone nor legitimize the
distribution of obscene material, and the Council recognizes that state law
prohibits the distribution of obscene materials and expects and encourages
law enforcement officials to enforce state obscenity statutes against such
illegal activities in Grand Terrace.
-. (19) It is not the intent of this Ordinance to suppress any speech activities
protected by the First Amendment, but to enact a content neutral
ordinance which addresses the adverse secondary effects of adult-oriented
businesses.
SECTION 2. Chapter 17:70 "Adult Business Regulations" of the Grand Terrace
Municipal Code is hereby amended in its entirety to read as follows:
"Chapter 17.70
ADULT BUSINESS REGULATIONS
Sections:
18.70.002 Purpose and Intent.
18.70.004 Definitions.
18.70.006 Restriction to Adult Business (AB) Overlay Zoning Districts.
18.70.008 Statements and Records.
18.70.010 Conditional Use Permit Required.
18.70.012 Time Limits For.Action On Conditional Use Permit.
18.70.014 Sale/Serving of Alcohol and Intoxicated Persons.
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18.70.016 Suspension and Revocation of a Conditional Use Permit.
18.70.018 Adult Business Permit Required.
18.70.020 Application For Adult Business Permit.
18.70..022 Investigation.
18.70.024 Decision by City Clerk on Application For Permit.
18.70.026 Grant of Application For Adult Business Permit.
18.70.028 Denial of Application For Adult Business Permit.
18.70.030 Inspection.
18.70.032 Expiration of Adult Business Permit.
18.70.034 Revocation of Adult Business Permit.
18.70.036 Hearing on Revocation of Adult Business Permit.
18.70.038 Regulations Nonexclusive.
18.70.040 Violations/Penalties.
18.70.042 Public Nuisance.
18.70.044 Conflicting Ordinances Repealed.
18..70.002 Purpose and Intent.__The.purpose and intent of this:Chapter are to regulate
adult-oriented businesses which, unless closely regulated, tend to have serious secondary effects
on the community, which-effects include, but are not limited to, the following: .depreciation,of
property.values and increase in vacancies in residential and commercial areas in the vicinity of
Adult Businesses; interference with residential property owners' enjoyment of their property
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when such property is located in the vicinity of Adult Businesses as a result of increases in
crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult Businesses;. and
blighting conditions such as low-level maintenance of commercial premises and parking lots,
which thereby.have a deleterious effect upon adjacent areas. Special regulation of these
businesses is necessary to,prevent these adverse effects and the blighting or degradation of the
neighborhoods in-the vicinity of the Adult Businesses.
It is neither the intent nor the effect of this Chapter to impose limitations or restrictions
on the content of.any communicative material. Similarly, it is neither the intent nor the effect
of this Chapter to restrict or deny access by adults to communication materials or to deny access
by the distributors or exhibitors of Adult Businesses to their intended market.
Nothing in -this Chapter is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates any City ordinance or
any statute of the State;of California regarding public nuisances, unlawful or indecent exposure,
sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display
thereof.
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l 18.70.004 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 still or 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 or Adult Video Store. An establishment which has as a regular
and substantial portion of its stock-in-trade business, or advertising to the sale,
rental or viewing for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films,
sculptures, motion pictures, video cassettes, slides or other visual representations
('Adult Material') which are characterized by an emphasis upon the depiction or
description of 'specified sexual activities' or 'specified anatomical areas.' See
'Adult Business' for definition of the term 'regular and substantial course.'
(3) Adult Business. Any business establishment or concern which as a regular and
substantial course of conduct performs or operates as an Adult Bookstore, or
Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret,
Adult Motel/Hotel, Adult Arcade, or any other business or concern which as a
regular and substantial portion of its business offers to its patrons products,
merchandise, services or entertainment which are distinguished or characterized
by an emphasis on matter depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical Areas but not including those uses or activities,
the regulation of which is preempted by state law. 'Adult Business' shall also
include any establishment which as a regular and substantial course of conduct
provides or allows performers, models, or employees to appear in any public
place dressed only in lingerie.
(4) Adult Cabaret. A nightclub, restaurant or similar business establishment which
regularly features live performances which are characterized by the exposure of
'specified anatomical areas' or by 'specified sexual activities,' or films, motion
pictures, video cassettes, slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of 'specified
sexual activities' or 'specified anatomical areas;'
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r� (5) 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, motion pictures, video
cassettes, slides or other photographic reproductions which are characterized by
an emphasis upon the depiction or description of 'specified sexual activities' or
'specified anatomical areas;' and/or (2) rents, leases, or lets any room for less
than a six (6) hour period, or rents, leases or lets any single room more than
twice in a twenty-four (24) hour period.
(6) Adult Motion Picture Theater. A business establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material which is
characterized by an emphasis upon.the depiction or description of 'specified
sexual activities' or 'specified anatomical areas;'
(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) Establishment. Establishment of an Adult 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 Business,
to any of the Adult Businesses defined herein;
C. The addition of any of the Adult Businesses defined herein to any other
existing Adult Business; or.
d. The relocation of any such Adult Business.
(9) Gross Receipts. Shall mean and includes the total amounts actually received or
receivable from the sale, trade, rental, display or presentation of services,
products, Adult Material or entertainment which are characterized by an emphasis
on matter depicting, describing, or relating to Specified Sexual Activities or
Specified Anatomical Areas.
(10) Owner or Permit Holder or Permittee. For purposes of this Chapter, 'Owner,'
'Permit holder' or 'Permittee' shall mean any of the following: (i) the sole
proprietor of an Adult Business; or (ii) any general partner of a partnership which
owns and operates an Adult Business; or (iii) the owner of a controlling interest
in a corporation which owns and operates an Adult Business; or (iv) the person
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designated by the officers of a corporation to be the Permit Holder for an Adult
Business owned and operated by the corporation.
(11) Person. Shall mean and includes person(s), firms, corporations, partnerships,
associations, or any other forms of business organization or group(s).
(12) Regular and substantial course of conduct and regular and substantial portion of
its business. Shall mean any Adult Business where one or more of the following
conditions exist:
(i) The area(s) devoted to the display of Adult Material exceeds
fifteen percent (15%) of the total display area of the business; or
(ii) The business or concern presents any type of live entertainment
characterized by an emphasis on Specified Sexual Activity or
Specified Anatomical Parts, or performers, models or employees
appearing in public dressed only in lingerie on any four (4) or
more separate days within any thirty (30) day period; or
At least twenty-five percent (25%) of the gross receipts of the
business are derived from the sale, trade, rental, display or
presentation of services,products, Adult Material, or entertainment
which are characterized by .an emphasis on matter depicting,
describing, or relating to Specified Sexual Activities or Specified
Anatomical Areas.
(13). Religious Institution—A structure.,which is used primarily for religious worship
and related religious activities;
(14) School. Any child care facility, or an institution of learning for minors, whether
public or private, which offers instruction in those courses of study required by
the California Education Code or which is maintained pursuant to standards set
by the State Board of Education. This definition includes a nursery school,
kindergarten, elementary school, junior high school, senior high school or any
special institution of Education, but it does not include a vocational or
professional institution of higher education, including a community or junior
college, college or university;
(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
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b. Human male genitals in a discernable 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 subdivisions a. through c. of this subsection.
e. Striptease, or the removal of clothing, or the we, of.transparent or
diaphanous clothing, including models dressed only in lingerie to the point
where Specified Anatomical Areas are exposed.
(17) Substantial Enlargement. .The increase in floor area occupied by the business, by
more than ten percent (10%) as the floor area exists on the effective date of this
Chapter.
(18) Transfer of Ownership or Control of An Adult Business., -7ransfer_of Ownership
or Control of An Adult Business' shall mean and include any of the following:
(1) The sale, lease or sublease of the business; or
(2) The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal devise which
transfers,ownership or control of the business, including the transfer by
bequest or other operation of law upon the death of a person possessing
the ownership or control.
18.70.006 Restriction to Adult Business (AB) Overlay Zones. There is hereby
created a classification known as the Adult Business (AB) Overlay Zone. The Zoning Map
identifying the Adult Business (AB) Overlay Zone is attached hereto and incorporated herein by
reference as Exhibit "A". The regulations set forth in this Chapter shall apply in all zones or
areas of the City in addition to other applicable regulations set forth in this Code; provided,
however, that if any of the regulations specified in this Chapter. differ.from.any of the
corresponding regulations specified in this Title, or other ordinances pertaining to planning and
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zoning, for any zone or area which is combined the AB Overlay Zone, then in such case the
provisions of this Chapter shall govern. Subject to the foregoing, Adult Businesses shall be
permitted in all areas designated as being located in the AB Overlay Zone, provided:
(1) No Adult Business shall be permitted in any area of an AB Overlay Zone
if the underlying Planning Area wherein such Adult Business is proposed already has three (3)
other Adult Businesses. No Adult Business shall be located within 1000 feet of another Adult
Business, whether or not said adjacent Adult Business is within the City limits of Grand Terrace.
(2) Each Adult Business must, prior to commencement or continuation of such
business, first apply for and receive from the City Council a Conditional Use Permit.
(3) Each Adult Business must,,prior to commencement or continuation of such
business, first apply for and receive an Adult Business Permit.
(4) Each Adult Business must comply with all applicable regulations specified
in this Chapter.
(5) Each Adult Business must comply with all applicable regulations of other
zoning use designations with which the AB .Overlay Zone is combined.
18.70.008 Statements and Records. Person(s) required to obtain an Adult Business
Permit pursuant to the provisions of this Chapter for any business establishment which provides
products, Adult Material, merchandise, services or entertainment- which is distinguished or
characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual
Activities or Specified Anatomical Areas, as defined in Section 18.70.004 of this Chapter, shall
maintain complete records which can be segregated with regard to all transactions involving such
products, merchandise, Adult Material, services or entertainment which are sufficient to establish
the percentage of gross receipts of the business which is derived-from,such transactions. Such
records shall be maintained for a period of at least three (3) years.
No person required to keep records under this Section shall refuse to allow authorized
representatives of the City to examine said records at reasonable times and places.
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This Section shall not be applicable to a business establishment for which such
transactions constitute less than twenty-five percent (25%) of the gross receipts of the business.
18.70.010 Conditional Use Permit Required. It shall be unlawful for any person to
operate, engage in, conduct or carry on any Adult Business within the City of Grand Terrace
unless the person of the Adult Business first obtains, and continues to maintain in full force and
effect an Adult Business Permit pursuant to Section 18.70.018 herein, and a 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 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 Grand
Terrace.
(2) No Adult Business shall be operated in any manner that permits the
observation of any material depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" from any public way or
from any location outside the building or area of such establishment. This
provision shall apply to any display, decoration, sign, show window or
other opening.
(3) Lighting shall be required which is designed to illuminate all off-street
parking areas serving such use for the purpose of increasing the personal
safety of store patrons and reducing the incidents of vandalism and theft.
Said lighting shall be shown on the required plot plans.
(4) 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 Grand Terrace.
(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.
(6) The Adult Business shall not be located, in whole or in part, within any
portable structure.
(7) The Adult Business shall not conduct or sponsor.any special events,
promotions, festivals, concerts or similar activities which would increase
the demand for parking spaces beyond the approved number of spaces for
the business.
(8) The Adult Business shall not conduct any massage, acupuncture, figure
modeling, tattooing, acupressure or escort services and shall not allow
such activities on the premises.
(9) Any Adult Business which allows customers to remain on the premises
while viewing any live, filmed or recorded entertainment, or while using
or consuming the products or service supplied on the premises, shall
conform to the following requirements:
(a) At least one (1) security guard shall be on duty outside the
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premises, patrolling the grounds and parking areas, at all times
while the business is open. If the occupancy limit of the premises
is greater than fifty(50)persons, an additional security guard shall
be on duty inside the premises. The security guard(s) shall be
charged with preventing violations of law and enforcing
compliance by patrons with the requirements of this Chapter, and
notifying the San Bernardino County Sherrif s and City Code
Enforcement Department of any violations of law observed. Any
security guard required by this subparagraph shall be uniformed in
such manner so as to be readily identifiable as a security guard by
the public and shall be duly licensed as a security guard as
required by applicable provisions of state and/or local law. No
security guard required pursuant to this subparagraph shall act as
a doorper-son, ticket seller, ticket taker, or admittance person while
acting as a security guard hereunder.
(b) Landscaping shall conform to the standards established for the
zone, except that, if the Adult Business is the sole use on a lot, no
planting shall exceed thirty (30) inches in height, except trees with .
foliage not less than six (6) feet above the ground.
(c) The entire exterior grounds, including the parking lot, shall be
lighted in accordance with standards promulgated by the City.
(d) The premises within which the Adult Business is located shall
provide sufficient sound-absorbing insulation so that noise
generated inside said premises shall not be audible anywhere on
any adjacent property or public right-of-way or within any other
building or other separate unit within the same building.
(e) No exterior door or window on the premises shall be propped or
kept open at any time while the business is open, and any exterior
windows shall be covered with opaque covering at all times.
(f) Permanent barriers shall be installed and maintained to screen the
interior of the premises from public view for each door used as an
entrance/exit to the business.
(10) All indoor areas of the Adult Business within which patrons are permitted,
except restrooms, shall be open to view at all times.
(11) Except as_specifically provided in this Chapter, .the Adult..Business shall
comply with the zoning, parking, development and design standards
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applicable to the zone in which the business is located.
(12) No Adult Material shall be displayed in such manner as to be visible from
any location other than within the premises occupied by the Adult
Business.
(13) No person under the age of eighteen (18) years shall be permitted within
the premises at any time.
(14) The Adult Business shall provide and maintain separate restroom facilities
for male patrons and employees and female patrons and employees. Male
patrons and employees shall be prohibited from using the restroom(s) for
females, and female patrons and employees shall be prohibited from using
the restroom(s) for males, except to carry out duties of repair,
maintenance and cleaning of the restroom facilities. The restrooms shall
be free from any Adult Material. Restrooms shall not contain television
monitors or other motion picture. or video projection, recording or
reproduction equipment. The foregoing provisions of this paragraph shall
not be applicable to an Adult Business which deals exclusively with sale
or rental of Adult Material which is not used or consumed on the
premises, such as an Adult Bookstore or Adult Video Store, and which
does not provide restroom facilities to its patrons or the general public.
(15) Except as otherwise required by law for adult motion picture theaters, and
except as provided in subparagraph 18 of Section 18.70.010 with regard
to Adult Arcades, and subparagraph 19 of Section 18.70.010 with regard-
to Adult Businesses providing live entertainment, all areas of the Adult
Business accessible to patrons shall be illuminated at least to the extent of
twenty (20) foot-candles, minimally maintained and evenly distributed at
ground level.
(16) All on-site.signage shall conform to the relevant provisions of the Grand
Terrace Municipal Code regarding signs. All adult materials and activities
shall be concealed from view from any public right-o£way, parking lot or
neighboring property.
(17) No Adult Business shall be open or operating during the hours from 10:00
p.m. to 8:00 a.m.
(18) The following additional requirements shall pertain to Adult Arcades
which provide one (1) or more viewing area(s):
(a) Upon application_ for a Conditional.Use .Permit for an Adult
Arcade, the application shall be accompanied by a diagram of the
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premises showing a plan thereof specifying the location of one (1)
or more manager's stations, the location of all overhead lighting
fixtures and designating any portion of the premises in which
patrons will not be permitted. A manager's station may not
exceed thirty-two (32) square feet of floor area with no dimension
greater than eight (8) feet. The diagram shall also designate the
place at which the Adult Business Permit will be conspicuously
posted. A professionally prepared diagram in the nature of an
engineer's or architect's blueprint shall not be required; however,
each diagram shall be oriented to the north or to some designated
street or object and shall be drawn to a designated scale with
marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the Adult Arcade to an
accuracy of plus or minus six (6) inches.
(b) The application shall be sworn to be true and correct by the Owner
under penalty of perjury.
(c) No alteration in the configuration. or location of a manager's
station(s) may be made without the prior approval of the City
Council.
(d) It shall be the duty of the Owner(s) to ensure that at least one (1)
employee is on duty and situated at each manager's station at all
times that any patron is present inside the Adult Arcade.
(e) The interior of the Adult Arcade shall be configured in such a
manner that there is an unobstructed view from a manager's station
of every area of the Adult Arcade to which any patron is permitted
access for any purpose excluding restrooms. If the Adult Arcade
has two (2) or more manager's stations designated, then the
interior of the Adult Arcade shall be configured in such a manner
that there is an unobstructed view of each area of the Adult Arcade
to which any patron is permitted access for any purpose, excluding
restrooms, from at least one (1) of the manager's stations. The
view required in this subsection must be by direct line of sight
from the manager's station.
(f) It shall be the duty of the Owner(s) and it shall also be the duty of
all employees present on the Adult Arcade to ensure that the
individual viewing area specified in subsection (g) remains
unobstructed by any doors, walls, persons, merchandise, display
racks or other materials at all times and to ensure that no patron
15
- is permitted access to any area of the Adult Arcade which has been
designated_as an area in which patrons will not be permitted in the
application filed pursuant to subparagraph (A) of this paragraph.
(g) No Individual Viewing Area may be occupied by more than one
(1) person at any one time.
'Individual Viewing Area' shall mean a viewing area designed for
occupancy by one (1) person. Individual Viewing Areas of the
Adult Arcade shall be operated and maintained without any hole
or other opening or means of direct communication or visual or
physical access between the interior space of two (2) or more
Individual Viewing Areas.
(h) No individual viewing area shall contain booths, stalls, or
partitioned portions of such individual viewing area used for the
viewing of adult material or other forms of entertainment, having
doors, curtains or portal partitions, unless such-individual viewing .
areas containing booths, stalls or partitioned portions have at least
one (1) side open to the manager's station and visible to such
manager's station. Any booth, stall or partitioned portion of an
individual viewing area authorized under this subparagraph (h)
shall be constructed so as to allow twelve (12) inches of open
space between the bottom of the stall or partition and the floor.
Such open space shall remain unobstructed at all times.
(i) The Adult Arcade shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access but such lighting shall not be of an intensity
as to prevent the viewing of the adult material.
(j) It shall be the duty of the Owner(s) and it shall also be the duty of
all .employees present on the Adult Arcade to ensure that the
illumination described above is maintained at all times that any
patron is present on the Adult Arcade.
(19) The following additional requirements shall pertain to Adult Businesses
providing live entertainment depicting Specified Anatomical Areas or
involving Specified Sexual Activities:
(a) No person shall perform live entertainment for patrons of an Adult
Business except upon a stage at least eighteen (18) inches above
the level of the floor which is separated by a distance of at least
six (6) feet from the nearest area occupied by patrons, and no
patron shall be permitted within six (6) feet of the stage while the
16
stage is occupied by an entertainer. 'Entertainer' shall mean any
person who.is an employee or independent contractor of the Adult
Business, or any person who, without any compensation or other
form of consideration, performs live entertainment for patrons of
an Adult Business.
(b) The Adult Business shall provide separate dressing room facilities
for entertainers which are exclusively dedicated to the entertainers'
use.
(c) The Adult Business shall provide an entrance/exit to the Adult
Arcade for entertainers which is separate from the entrance/exit
used by patrons.
(d) The Adult Business shall provide access for entertainers between
the stage and the dressing rooms.which.is completely separated
from the patrons. If such separate access is not physically.
feasible, the Adult Business shall provide a minimum three-foot
(3') wide walk aisle for entertainers between the dressing room
area and the stage, with a railing, fence or other barrier separating
the patrons and the entertainers capable.of (and which actually
results in) preventing any physical contact between patrons and
entertainers.
(e) No entertainer, either before, during or after performances, shall
have physical contact with any patron and no patron shall have
physical contact with any entertainer either before, during or after
performances by such entertainer.
(f) Fixed rail(s) at least thirty (30)inches in height shall be maintained
establishing the separations between entertainers and patrons
required by this paragraph.
(g) The Adult Arcade shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which patrons
are permitted access with an illumination of not less than twenty
(20.0) foot candles as measured at the floor level.
The foregoing applicable requirements of this Section shall be deemed conditions of
permit approval, and failure to comply with each and all of such requirements shall be grounds
for revocation of the Conditional Use Permit and the Adult Business License issued pursuant to
this Chapter.
18.70.012 Time Limits For Action On Conditional Use Permit, An application for a
17
Conditional Use Permit shall be approved or denied by the City Council within forty-five (45)
days of its acceptance as complete by the Community Development Department. The City
Council, or City Council on appeal, shall approve an application for a Conditional Use Permit
for an Adult Business upon findings that the Applicant has met all the applicable requirements
and performance standards of this Chapter. Any proceeding to appeal such decision to the City
Council shall be filed with the City Clerk within fifteen (15) days of such decision. An appeal
shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek
judicial review of any City Council decision shall be brought in accordance with the provisions
of the Grand Terrace Municipal Code and applicable State Law.
18.70.014 Sale/Serving of Alcohol and Intoxicated Persons.
(a) It is unlawful to sell, serve or permit the consumption of alcohol in a
structure occupied by an Adult Business.
(b) It is unlawful for any person under the age of eighteen (18) years or any
obviously intoxicated person to enter or remain on the premises of an
Adult Business at any time. A sign giving notice of this provision shall
be prominently posted at each entrance.to the premises of the Adult
Business.
(c) It is unlawful for any person having responsibility for the operation of an
Adult Business, to allow any person under the age of eighteen (18) years
to enter or remain on the premises of the business, whether or not such
person having responsibility for the operation of an Adult Business has
knowledge that the person is under the age of eighteen (18) years; or to
allow any obviously intoxicated person to enter or remain on the premises
of the business. For the purposes of this Section, the Licensee of an
Adult Business License, when present on the premises, and.the manager
or other person(s) in charge of the premises, are persons having
responsibility for the operation of the business.
18.70.016 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 Chapter:
(a) The operation conducted by the permittee does not comply with all
applicable laws, including, but not limited to, the City's building, health,
zoning and fire ordinances, the requirements of this Chapter, and the
conditions of approval of the Conditional Use Permit;
(b) 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
18
Permit has not been utilized within six months of its issuance; or
(c) The Adult Business Permit has been suspended or revoked.
18.70.018 Adult Business Permit Required. An Applicant for the operation of an
Adult Business must obtain an Adult Business Permit in addition to a Conditional Use Permit.
No Adult Business Permit shall be sold; transferred, or assigned by any License holder, or by
operation of law, to any other person, group, partnership, corporation or any other entity, and
any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed
to constitute a voluntary surrender of such Permit, and such Permit shall be thereafter null and
void. An Adult Business Permit held by an individual in a corporation or partnership is subject
to the same rules of transferability as contained above. Any change in the nature or composition
of the Adult Business from one type of Adult Business use to another type of Adult Business use
shall also render the Permit null and void. An Adult Business Permit shall be valid only for the
exact location specified in the Permit.
18.70.020 Application For Adult Business Permit. _Applicants for such Permits shall file
a written, signed and verified application or renewal application on a form provided by the
Community.Development Director. 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
f 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
19
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.
(i) Whether the Applicant or any of the other individuals pursuant to this
Section has had a previous permit under this Ordinance or other similar
ordinances from another city or county denies, suspended or revoked,
including the name and location of the Adult Business for which the
permit was denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the Applicant or any other
individuals listed pursuant to this Section has been a partner in a
partnership or an officer, director or principal stockholder of a corporation
that has permitted under this Section whose permit has previously been
denied, suspended or revoked, including the name and location of the
Adult Business for which the permit was denied, suspended or revoked as
well as.the date of denial; suspension or revocation.
(j) Whether the Applicant or any other individual listed pursuant to this
Section holds any other permits and/or licenses for an Adult Business
from another city or county, and if so the names and locations of such
other permitted businesses.
(k) If a person who wishes to operate an Adult Business is an individual,
he/she must sign the application for a permit as Applicant. If a person
who wishes to operate an Adult Business is other than an individual, each
individual who has a ten percent (10%) or greater interest in the business
must sign the application for a permit as Applicant. If a corporation is
listed as Owner of an Adult Business or as the entity which wishes to
operate such a business, each individual having a ten percent (10%) or
greater interest in the corporation must sign the application for a permit
as Applicant.
All applications for a Permit or renewal shall be filed with the Community Development
Director. Each application shall be accompanied by a non-refundable fee for filing or renewal
in an amount determined by resolution of the City Council, which fees will be used to defray
the costs of investigation, inspection and processing of such application.
Applicants for an Adult Business Permit under this Section shall have a continuing duty
to promptly supplement application information required by this Section in the event that said
information changes in any way from what is stated on the application: The failure to comply
with said continuing duty within thirty (30) days from the date of such change, by supplementing
the application on file with the Community Development Director or his/her designee, shall be
grounds for revocation of a Permit.
20
- 18.70.022 Investigation. Upon receipt of an application properly filed with the
Community Development Director and upon payment of the nonrefundable application fee, the
Community Development Director shall immediately stamp the application as received and shall
immediately thereafter send photocopies of the application to the Sheriffs Department and any
other City departments or other agencies responsible for enforcement of health, fire and building
codes and laws. Each department or agency shall promptly conduct an investigation of the
Applicant, application and the proposed Adult Business in accordance with its responsibilities
under law and as set forth in this Chapter. Said investigation shall be completed within twenty-
five (25) days of receipt of the application by the Community Development Director. At the
conclusion of its investigation, each department or agency shall indicate on the photocopy of the
application its approval or disapproval of the application, date it, sign it, and, in the event it
disapproves, state the reasons therefor.
A department or agency shall disapprove an application if it finds that the proposed Adult
Business will be in violation of any provision of any statute, code, ordinance, regulation or other
law in effect in the City. After its indication of approval or disapproval, each department or
agency shall immediately return the photocopy of the application to the Community Development
Director.
18.70.024 Decision By Community Development Director on Application For an Adult
Business Permit. The Community Development Director or designee (hereinafter "Community
Development Director") shall grant or deny an application for a Permit within forty-five (45)
days from the date of its proper filing. Upon the expiration.of the forty-fifth (45th) day, unless
the Applicant requests and is granted a reasonable extension of time, the Applicant shall be
permitted to begin operating the business for which the Permit is sought, unless and until the
Community.Development Director notifies the Applicant of a denial of the application and states
the reason(s) for that denial.
18.70.026 Grant of Application For an Adult Buisness Permit.
A. The City Clerk shall grant the application unless one or more of the
reasons set forth in Section 18.70.028 (Denial of Application for Adult
Business Permit) below is present.
B. The Permit, if granted, shall state on its face the name of the person or
persons to whom it is granted, the expiration date, and the address of the
Adult Business. The Permit shall also indicate that the Adult Business
whether permitted or not may be subject to prohibitions against Public
Nudity and Indecency pursuant to the United States Supreme Court
decision in Barnes v. Glen Theatre, Inc., Ill S.Ct. 2456, 115 L.Ed 2d 504
(June 21, 1991) and any applicable California statutes or City regulations
or ordinances consistent therewith. The permit shall be posted in a
conspicuous place at or near_the entrance to the Adult Business so that it
can be easily read at any time.
21
- 18.70.028 Denial of Application .of -Adult. Business Permit. The Community
Development Director shall deny the application for any of the following reasons:
(1) That the building, structure, equipment and location used by the business
for which a license is required herein do not comply with the requirements
and standards of the health, zoning, fire and safety laws of the State of
California and of the City of Grand Terrace;
(2) That the Applicant, his or her employee, agent, partner, director, officer,
stockholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for an Adult
Business Permit or in any report or record required to be filed with the
Sheriffs Department, Sheriff or other department of the City;
(3) That the Applicant has had any type of Adult Business Permit revoked by
any public entity within two (2) years of the date of the application;
(4) The Applicant has been convicted of a felony or misdemeanor-which
offense is classified by the State as an offense involving sexual crimes
against children, sexual abuse, rape, kidnapping, distribution of obscene .
material or material harmful to minors, prostitution or .pandering,
including, but not necessarily limited to, the violation of any crime
requiring registration under California Penal Code Section 290, or any
violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a
through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10,
inclusive, 314, 315, 316, or 647.
(5) That on the date that the business for which an Adult Business Permit is
required herein commences, and thereafter, there will be no responsible
adult on the premises to act as manager at_all times during which the
business is open;
(6) That a Conditional Use Permit has been denied for the proposed use; or
(7) That an Applicant is under eighteen (18) years of age.
(8) That an Applicant, manager, or any agent or employee of the Applicant
or manager has been convicted in a court of competent jurisdiction of any
crime in conjunction with or as a result of the operation of the operation
of an Adult Business or any sex-related crime prior to the filing of the
application. The fact that a conviction is being appealed will have no
effect on disqualification of the Applicant.
(9) The required application fees have not been paid.
22
- If the Community Development Director denies the application, he shall notify the
Applicant of the denial and state the reason(s) for the denial.
If a person applies for an Adult Business Permit for a particular location within a period
of twelve (12) months from the date of denial of a previous application for an Adult Business
Permit at the location, and there has not been an intervening change in the circumstances which
could reasonably be expected to lead to a different decision regarding the former reasons for
denial, the application shall be denied.
18.70.030 Inspection. An Applicant or Permitee shall permit representatives of the
Sheriffs 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 viola-
tion 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. .
18.70.032 Expiration of Adult Business Permit. Each Permit shall expire one (1) year
from the date of issuance and may be renewed only by making application as provided in Section
18.70.020 (for renewals, filing of original survey shall be sufficient). Application for renewal
shall be made at least thirty (30) days before the expiration date, and when made less than thirty
(30) days before the expiration date, the expiration of the Permit shall not be affected.
When the City Clerk denies renewal of the Adult Business Permit, the Applicant shall
not be issued a Permit for one (1) year from the date of denial. If, subsequent to denial, the
Community Development Director finds that the basis for denial of the renewal of the Permit
has been corrected, the Applicant shall be granted a Permit if at.least ninety (90) days have
elapsed since the date denial became final.
18.70.034 Revocation of Adult Business Permit. . After an:investigation, notice and ..
hearing, the Community Development Director shall revoke an existing Adult Business Permit,
as shall_be -found necessary to assure the preservation of the public health and safety, if the
evidence presented establishes that one or more of the following .conditions exist:
(1) The building, structure, equipment and location used by the business fail
to comply with the requirements or fail to meet the standards of the
health, zoning, fire and safety laws of the State of California, or of the
ordinances of the City of Grand Terrace;
(2) The Permit, his or her employee, agent, partner, director, officer,
stockholder or manager has knowingly made any false, misleading or
fraudulent statement of material facts in the application for a license, or
in any report or record required to be filed with the Sheriff or other
departments of the City;
- 23
(3) The Permittee has had any type of Adult Business Permit revoked by any
public entity within three (3) years of the date the license was issued;
(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) The Permittee is convicted of a felony or misdemeanor which offense is
classified by the State as an offense involving sexual crimes against
children, sexual abuse, rape, kidnapping, distribution of obscene material
or material harmful to minors, prostitution or pandering, including, but
not necessarily limited to the violation of any crime requiring registration
under California Penal Code Section 290, or any violation of Penal Code
Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, .inclusive,
267, 2869 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316
or 647;
(6) If, on one (1) or more occasions within a twelve(12) month period, a
person or persons has (have) been convicted of a felony or, misdemeanor
for an offense set forth in subsection (5) above, which offense has
occurred as a result of or has originated from such persons' activity on the
premises or property on which the Adult Business is located, and the
person or persons were employees, contractors or agents of the Adult
Business at the time the offenses were committed;
(7) If the Permittee or any employee of the Permittee has knowingly allowed
prostitution, or solicitation for prostitution, on the premises;
(8) The Adult Business has been operated in violation of any of the
requirements of this Chapter and, (i) if the.violation is of a continuous
nature, the business continues to be operated in violation of such provision
for more than ten (10) days. following the date written notice of such.
violation is mailed or delivered to the Permittee, or (ii) if the violation is
of a noncontinuous nature two (2) or more additional violations of the
same provision, or four (4) or more violations of any other of the
provisions, of this Chapter occur (regardless of whether notice of each
individual violation is given to Permittee within any twelve (12) month
period.
(9) That the subject Adult Business has employed minors;
(10) That the Conditional Use Permit for the use has been suspended or
revoked.
24
18.70.036 Hearing on Revocation of Adult Business Permit. Upon determining that
grounds for Permit revocation exist, the Community Development Director shall furnish written
notice of the proposed revocation to the Permittee. Such notice shall summarize the principal
reasons for the proposed revocation; shall-state that the Permittee may request a hearing within
fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by
posting the notice at the location of the Adult Business and by sending the notice by certified
mail,postage prepaid, addressed to the Permittee as that name and address appear on the Permit.
Within fifteen (15) calendar days after the later of the mailing or posting of the notice the
Permittee may file a request for hearing with the Community Development Director. If the
request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the
notice referred to herein, the Community Development Director shall transmit the request to the
Planning Commission, and the hearing shall be provided.
Upon receipt of a written request for a hearing, the Planning Commission shall conduct
a hearing. The Planning Commission shall conduct a hearing within forty-five (45) calendar
days of the filing of such request by the Permittee. Notice of time and place of the hearing shall
be given to the Permittee by personal service or via certified mail, postage prepaid, at least
fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the
Permittee_and.-the City shall be entitled to present relevant evidence, testify under oath and call -
witnesses who shall testify under oath. The Planning Commission shall not be bound by the
statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis
for the determination of the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall decide whether the
grounds for revocation exist and shall submit a written report to the Community Development
Director. Such written report shall contain a brief summary of the evidence considered and shall
state findings, conclusions and directives to the Community Development Director regarding
whether the Permit is to be revoked. All such reports shall be filed with the City Clerk and
shall be public records. A copy of such report shall be forwarded by certified mail, postage
prepaid, to the Permittee on the day it is filed with the City Clerk. .If the Planning Commission
determines that any grounds for revocation exist, as provided in Section 18.70.034 of this
Chapter, the Community Development Director, based upon the report of the Planning
Commission or, if no hearing was requested by the Permittee, based upon the report of the City
staff, shall immediately revoke the Adult Business Permit. The decision of the Planning
Commission shall be appealable to the City Council by the filing of a written appeal with the
City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A
timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall
be a de novo public hearing held in the manner and within the .time limitations set forth in
Section 18,70.012. The decision of the City Council upon appeal, or the decision of the
Planning Commission in the absence of a timely appeal, shall be final and conclusive.
No application for an Adult Business Permit shall be accepted or processed for any
person, corporation, partnership, or member thereof, or any other entity for which an Adult
Business Permit has been revoked within the preceding three (3) year period.
r.
25
18.70.038 Regulations Nonexclusive. The regulations set forth in this Chapter are not
intended to be exclusive and compliance therewith shall not excuse noncompliance with any
other-regulations pertaining to the operation of Adult Businesses as adopted by the City Council
of the City of Grand Terrace.
18.70.040 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.
18.70.042 Public Nuisance. , In:addition to.the penalties set forth at Section 18.70.028
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.
18.70.044 Conflicting Ordinances Repealed._.All ordinances or,parts of ordinances, or
regulations in conflict with the provisions of this Chapter are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause or word of this Ordinance is
for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not
affect the validity of the remaining portions of this Ordinance. The City Council of the City of
Grand Terrace hereby declares that it would have passed and adopted this Ordinance, and each
and all provisions thereof, irrespective of the fact that any one or more of said provisions.may
be declared.to be invalid.
SECTION 4. The City Clerk shall certify to the passage of this ordinance as an urgency
ordinance and shall cause the same to be published as required by law.
PASSED AND APPROVED this Zardday of m,r , 1995.
BY N MATTESON
MAYOR
ATTEST:
BRENDA STANFILL
CITY CLERK
26
STATE OF CALIFORNIA ).
COUNTY OF ORANGE )
CITY OF GRAND TERRACE )
I, Brenda Stanfill, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance No. 153 , being:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE
REGULATION OF ADULT BUSINESSES AND LIMITING
THEN IN A DESIGNATED ADULT BUSINESS (AB)
OVERLAY ZONE; PROVIDING FOR LICENSING AND
REGULATION OF ADULT BUSINESSES; PROVIDING
ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR
ADULT BUSINESSES; AND REPEALING SECTIONS.
INCONSISTENT THEREWITH
was duly introduced and placed upon its first reading at a regular meeting of the City Council
on the 23rd day of March , 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Singley;and Buchanan; Mayor Pro Tem Carlstrom; Mayor
Matteson
NOES: ' COUNCILMEMBERS: Ww
ABSENT: COUNCILMEMBERS: .kilkey
Brenda Stanfill-
CITY CLERK
APPROVED AS TO FORM:
JOHN R. HARPER
CITY ATTORNEY
27
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RAND TERR C
NOTICE
CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace
California 92324-5295
Civic Center
(909)824-6621 THE GRAND TERRACE CITY COUNCIL ON MARCH 23, 1995, ADOPTED
Fax(909)783-7629
ORDINANCE NO. 153 AMENDING THE GRAND TERRACE MUNICIPAL
CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT
City Clerk's
Department BUSINESSES AND LIMITING THEM IN A DESIGNATED ADULT BUSINESS
(AB) OVERLAY ZONE; PROVIDING FOR LICENSING AND REGULATION OF
ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY
-� REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS
INCONSISTENT THEREWITH (COMPLETE TEXT OF ORDINANCE CAN BE
REVIEWED IN THE OFFICE OF THE CITY CLERK, 22795 BARTON ROAD,
GRAND TERRACE, CA)
THE ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS SINGLEY AND BUCHANAN;MAYOR PRO
TEM CARLSTROM; MAYOR MATTESON
NOES: NONE
ABSENT: COUNCILMEMBER HILKEY
March 30, 1995 BRENDA STANFILL
CITY CLERK